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Joint Statement on the ASEAN Declaration on the Right to a Safe, Clean, Healthy and Sustainable Environment and ASEAN Declaration on Promoting the Right to Development and the Right to Peace Towards Realising Inclusive and Sustainable Development

KUALA LUMPUR (20 NOVEMBER 2025) – The Human Rights Commission of Malaysia (SUHAKAM) and the Malaysian Representative to the ASEAN Intergovernmental Commission on Human Rights (AICHR) and current AICHR Chair, H. E. Edmund Bon Tai Soon, jointly welcome the adoption of two historic instruments at the 47th ASEAN Summit in Kuala Lumpur, namely the ASEAN Declaration on the Right to a Safe, Clean, Healthy and Sustainable Environment and ASEAN Declaration on Promoting the Right to Development and the Right to Peace Towards Realising Inclusive and Sustainable Development.

These declarations reflect milestone commitments by ASEAN Member States to address pressing regional challenges, from environmental degradation and climate change to inequality and unsustainable development through a human rights-based lens and approach.

We emphasise the critical importance of both substantive and procedural elements of the right to a safe, clean, healthy and sustainable environment: safe climate, clean air, healthy ecosystems and biodiversity, safe and sufficient water, healthy and sustainable food, non-toxic environment, meaningful access to information, effective public participation, and access to remedies and justice. They are essential pillars towards realising the right to a safe, clean, healthy and sustainable environment. Further, the human right to development demands that all facets of the right – economic, social, cultural and political – are protected and enhanced together in an integrated fashion. We further underscore the uniqueness of the Declarations which call for greater corporate responsibility and accountability, ensuring that non-State actors and businesses prevent, cease, reduce, mitigate, and address negative impacts and harm to the environment.

We stress that environmental degradation threatens not only ecosystems but also human health, peoples’ welfare and security, and social stability. For this reason, States must strengthen their legal and institutional frameworks to fully operationalise the rights in the Declarations while aligning domestic policies with the regional commitments enshrined in the Declarations.

SUHAKAM has consistently advocated for including the right to a clean, healthy, and sustainable environment under Article 5(1) of the Federal Constitution. SUHAKAM further recommends that the upcoming National Climate Change Bill (RUUPIN) fully incorporates the key elements and principles of the Declarations.

To move these commitments forward, SUHAKAM and AICHR Malaysia strongly encourage all ASEAN Member States to:

  1. Institutionalise the key elements and principles of the Declarations into national legal frameworks, including through constitutional recognition and law reform.
  2. Ensure that future climate and environmental legislation, such as the RUUPIN, adopt a rights-based approach grounded in access to remedies and justice, transparency, participation, and accountability.
  3. Strengthen institutional capacity and mechanisms to guarantee meaningful access to information, effective public participation, and access to remedies and justice particularly in environmental and development matters emphasising greater protection for groups in vulnerable and marginalised situations such as Indigenous Peoples and environmental human rights defenders.
  4. Establish clear obligations for State and non-State actors, including businesses, to prevent, cease, reduce, mitigate, and address negative impacts and harm to the environment.
  5. Develop regional cross-sectoral and cross pillar cooperation to operationalise the Declarations in a participatory and inclusive manner, involving government agencies in charge of the environment, climate change and development matters, civil society, environmental human rights defenders, and affected local communities.
  6. Monitor and report progress on the realisation of the Declarations transparently and regularly, using publicly accessible mechanisms.
  7. Demonstrate strong political commitment at the highest levels to uphold the Declarations as instruments that shape policy, planning, and governance across ASEAN.

The adoption of these two ASEAN Declarations is a momentous achievement that offers genuine hope for a future in which human rights, environmental sustainability, development, and peace are mutually reinforcing.

As the incoming Chair of the South East Asia National Human Rights Institutions Forum (SEANF), SUHAKAM reaffirms its strong commitment to supporting regional human rights cooperation. In this capacity, both SUHAKAM and SEANF will work closely in support of AICHR’s work, promoting coordinated advocacy, capacity-building, and implementation efforts among SEANF member institutions to advance the principles of the two Declarations across Southeast Asia.

SUHAKAM and AICHR Malaysia stand ready to work in close partnership with governments, civil society, regional bodies, and communities to ensure that these Declarations are not merely symbolic, but are translated into meaningful, binding, bold and enforceable action. We urge all ASEAN Member States to honour their commitments and turn them into lived realities for the ASEAN peoples.

-END-

Human Rights Commission of Malaysia (SUHAKAM)
ASEAN Intergovernmental Commission on Human Rights (AICHR Malaysia)
Date: 20 November 2025

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Media Statement No. 50-2025_SUHAKAM Welcomes High Court Decision on the Enforced Disappearance Cases of Pastor Raymond Koh and Amri Che Mat

KUALA LUMPUR (8 NOVEMBER 2025) – The Human Rights Commission of Malaysia (SUHAKAM) welcomes the recent decisions of the High Court of Kuala Lumpur, delivered by Judge of the High Court Kuala Lumpur, YA Dato’ Su Tiang Joo, holding the Government and police accountable in the enforced disappearance cases of Pastor Raymond Koh and Amri Che Mat. The rulings mark a significant milestone in recognising state responsibility for such serious human rights violations, thereby affirming key principles of justice, accountability and the rule of law.

SUHAKAM notes with appreciation that in Pastor Koh’s case, the Court ordered the government to pay RM10,000 per day from 13 February 2017 until he is found, in addition to general and aggravated damages. In the case of Amri Che Mat, the Court similarly found state liability, ordered compensation, and directed the reopening of investigations. These decisions are consistent with SUHAKAM’s 2019 Public Inquiry findings, which concluded that both men were victims of enforced disappearances.

SUHAKAM is of the view that the Court’s directive to reopen investigations, reassign implicated officers from their investigative duties, and provide regular updates to the Attorney-General’s Chambers is a positive and essential move. We reiterate that effective remedial action requires thorough, independent, transparent and timely investigations. These must lead not only to accountability but also to the prevention of recurrence.

While we recognise that no financial award can restore the loss suffered by the families of Pastor Koh and Amri Che Mat, these rulings provide important acknowledgment of the harm endured and send a strong signal that enforced disappearance will not go unchallenged. SUHAKAM wishes to emphasise the urgent need for structural reform, including the establishment of a national preventive mechanism dedicated to addressing enforced disappearances, as previously recommended.

Whilst we welcome the High Court judgment, SUHAKAM urges that the disappearances of Joshua Hilmy and Ruth Sitepu that took place since they were last seen on 30 November 2016 must not be forgotten. Occurring around the same period as the enforced disappearances of Pastor Raymond Koh and Amri Che Mat, their cases were also the subject of a Public Inquiry conducted by SUHAKAM which revealed serious failures by the authorities to act with the urgency, diligence, and professionalism. SUHAKAM further recalls the findings of this 2022 Public Inquiry chaired by Dato’ Seri Hishamudin Yunus, which concluded that the couple were abducted by persons unknown and that the police’s serious investigative failures amounted to passive state acquiescence. Despite SUHAKAM’s recommendations urging the police to intensify their investigative efforts, the Commission has yet to be informed of any substantive progress.

The tragic cases of Joshua Hilmy and Ruth Sitepu stand as a painful reminder of the ongoing need for accountability and institutional reform. Although their families did not bring their cases to court, justice and truth for them remain no less important. SUHAKAM calls upon the authorities to take immediate and concrete steps to reinvigorate investigations into their disappearances and to provide updates to the Commission and the families concerned.

SUHAKAM remains committed to monitoring the implementation of the High Court’s judgments, engaging with relevant authorities, supporting the affected families, and advocating for systemic reforms to safeguard against future violations. We trust that the Government will seize this opportunity to reinforce Malaysia’s commitment to human rights by implementing the Court’s directives effectively, ensuring full accountability, and strengthening safeguards against future abuses. SUHAKAM also calls on all stakeholders to act swiftly and decisively in advancing truth, justice and institutional reform.

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Human Rights Commission of Malaysia (SUHAKAM)
Date: 8 November 2025

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Media Statement No. 49-2025_SUHAKAM Calls for Stronger Regional Accountability: ASEAN Must Not Fail Women and Youth in Myanmar

KUALA LUMPUR, MALAYSIA (17 OCTOBER 2025) – The Human Rights Commission of Malaysia (SUHAKAM) on 16 October 2025 co-hosted a crucial forum titled “Strengthening Regional Accountability: ASEAN’s Failure on Women, Youth, Peace and Security in Myanmar” at the IDEAS Kuala Lumpur Hotel. Jointly organised with Progressive Voice and the Alternative ASEAN Network on Burma (ALTSEAN-Burma), the forum served as an important platform to address the escalating human rights and humanitarian crisis in Myanmar, and to underscore the urgent need for stronger regional accountability mechanisms.

SUHAKAM stands in firm solidarity with the people of Myanmar, particularly women and youth who continue to face compounded risks and systematic violence since the illegal attempted coup in 2021. The forum amplified the voices of human rights defenders who shared first-hand testimonies of the dire situation on the ground, including the widespread use of conflict-related sexual violence (CRSV) and other grave human rights violations.

SUHAKAM Chairman, YBhg. Dato’ Seri Mohd Hishamudin Yunus, officiated the forum and drew attention to the severe scale of the humanitarian and human rights catastrophe in Myanmar. Current data indicates that the crisis has displaced more than 3.5 million people internally and resulted in over 6,000 civilian deaths since 2021. The discussions underscored the urgent need to end decades-long impunity for atrocities committed by the military, which disproportionately target women, girls, and youth from ethnic and religious minorities through systematic violence, including CRSV.

The forum also featured a panel on Women and Sexual and Gender-Based Violence (SGBV) and youth representatives who shared their lived experiences of the ongoing crisis and critically assessed the implementation of the ASEAN Regional Plan of Action on Women, Peace and Security (RPA WPS). The discussions further drew attention to CEDAW and Beijing+30 obligations on gender-based violence, which all neighbouring countries in ASEAN are a party to. Despite the framework’s pledge to uphold the core pillars of protection, participation, prevention, and relief and recovery, the situation in Myanmar starkly reveals ASEAN’s failure to deliver on these commitments.

SUHAKAM expressed deep concern over ASEAN’s continued inaction and silence regarding the specific needs and voices of Myanmar’s women, girls, and youth. Their exclusion from consultations and decision-making processes further entrenches marginalisation and undermines the practical relevance of the RPA WPS in addressing one of the region’s most urgent gender and human rights crises. The women of Myanmar — who have been at the forefront of the people’s revolution and resistance — must have their leadership and experiences recognised and centred in all peace and security efforts, in line with UN Security Council Resolution 1325 (UNSCR 1325).

Following the testimonies and panel discussions, SUHAKAM expressed its support for the delegation’s call for stronger Malaysian support to Myanmar’s women and youth, particularly in their humanitarian missions and steadfast efforts to end military tyranny, impunity, and gender-based violence.

SUHAKAM urges the Malaysian Government, Parliamentarians, diplomatic missions, media, and all stakeholders to take concrete action, including:

  1. Utilising all diplomatic channels to press ASEAN and Malaysia, as the Chair of ASEAN for 2025, 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;
  2. Advocating for the inclusion of Myanmar women and youth voices in all regional and international mechanisms addressing the Myanmar crisis; and
  3. Strengthening efforts to advance justice and accountability for atrocity crimes committed by the Myanmar military, including CRSV.

SUHAKAM reaffirms its commitment to leveraging its platform as a National Human Rights Institution (NHRI) to advocate for human rights, justice, and accountability for the people of Myanmar at both regional and international levels.

SUHAKAM also calls for stronger regional accountability and courageous leadership within ASEAN to act now. ASEAN must not fail the ASEAN community, especially the women and youth of Myanmar.

-END

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

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Upholding Indigenous Land Rights: A Nation’s Test of Justice

By: Paremeswari Subramaniam
(Principal Assistant Secretary Policy Division)
SUHAKAM

As the world commemorates the 2025 International Day of the World’s Indigenous Peoples on 9 August, the Human Rights Commission of Malaysia (SUHAKAM) joins the global community in reaffirming our commitment to protect the rights, dignity and heritage of Indigenous communities in Malaysia. This year’s theme, “Indigenous Peoples and AI: Defending Rights, Shaping Future”, reminds us that while technology holds promise, it must not deepen existing inequalities.

Land – The Soul of Indigenous Identity

For Malaysia’s Indigenous Peoples, the Orang Asli in Peninsular Malaysia and the native of Sabah and Sarawak, land is not merely a resource. It is the life of their culture, identity and survival. Yet, in 2025, land dispossession continues to uproot communities and erode centuries of heritage.

Despite legal protection in our Constitution, statutory provisions, and Malaysia’s endorsement of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), Indigenous communities continue to struggle for the recognition and protection of their customary territories. Article 26 of UNDRIP affirms that Indigenous Peoples have the right to the lands, territories, and resources which they have traditionally owned, occupied or otherwise used or acquired. Article 27 further obligates states to establish impartial and transparent mechanisms for recognition and adjudication of Indigenous land claims, consistent with their customs, traditions and land tenure systems.

Yet, implementation remains sorely lacking.

The 2013 National Inquiry into the Land Rights of Indigenous Peoples, conducted by SUHAKAM, laid bare these injustices. Over 6,500 Indigenous individuals gave testimony through public consultations across 23 districts, 892 recorded statements and 57 submissions from indigenous organisation, government agencies, and civil society groups. The Inquiry gathered issues revolving land encroachments, forced evictions, and a troubling absence of free, prior and informed consent (FPIC) in development affecting their lands. Eleven years on, the root problems persist.

From Inquiry to Action

Without secure land, Indigenous communities lose access to forests, rivers, food, and spiritual spaces. The impacts extend beyond physical displacement, causing cultural loss, food insecurity, and disempowerment.

Among the Inquiry’s 18 recommendations were recognition of customary rights to land, establishing grievance mechanisms, mandating FPIC, and creating an independent National Commission on Indigenous Peoples.

As of today, much of the report’s spirit remains unfulfilled.

Legal and Policy Gaps Still Persist

Malaysia’s legal framework, including the Aboriginal Peoples Act 1954 and the land codes in Sabah and Sarawak, do not adequately recognise Indigenous native customary land rights (NCR). Key concept such as pemakai menoapulau galau and kawasan rayau, remain unrecognised and uncodified in law. Despite favourable court decisions like Nor Nyawai[1], Sagong Tasi[2] and Adong Kuwau[3], affirming recognition of NCR, the failure to integrate these rulings into administrative procedures has perpetuated legal uncertainty.

Weak Institutions, Weaker Protection

Institutions tasked with safeguarding Indigenous welfare, notably the Department of Orang Asli Development (JAKOA) is underfunded, lack of transparency, and poor coordination between federal and state authorities. Indigenous land claims are frequently delayed, mishandled, or ignored altogether.

Ignoring Consent, Ignoring Rights

One of the most significant findings of the inquiry was the widespread violation of the right to Free, Prior and Informed Consent (FPIC).  Development projects, from  plantations and logging to infrastructure expansion have frequently proceeded without meaningful consultation or community consent.

This undermines Indigenous Peoples’ right to self-determination and violates Malaysia’s commitment under international law, including the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), which mandates the FPIC of indigenous peoples for any project affecting their territories. The consequences are devastating: environmental degradation, cultural erasure, and forced displacement.

AI to Empower, Not to Erase

The denial of land rights has cascading impacts on the right to food, housing, and self-determination. Without land, Indigenous communities loss access to forests, rivers, and resources that are vital for their survival. Climate change, deforestation, and commercial encroachments are further threating traditional food systems and erosion of traditional knowledge, passed down through generations.

As Malaysia embraces digitalisation, it is critical that these technologies are not used to further exclude Indigenous Peoples voices or erase ancestral claims. AI-driven land mapping, and automation in land registries must be designed inclusively, respecting traditional knowledge and community participation. Technology must be harnessed to empower Indigenous communities, to document their histories, protect sacred sites, improve participatory land governance, and preserve culture and languages.

A Call to Action

Over a decade ago, SUHAKAM’s released the National Inquiry Report , its findings remain as relevant and urgent as ever. Despite the Government’s formal acceptance of 17 out of 18 recommendations, progress has been slow and fragmented, reflects a wider lack of political will to place Indigenous rights at the forefront of national priorities.

In commemorating this year’s International Indigenous Peoples Day, SUHAKAM renews it calls for the Government to:

  • Develop and implement a comprehensive National Action Plan on Indigenous Rights and enshrine constitutional recognition to safeguard the dignity, identity, and rights of the Indigenous Peoples;
  • Establish an Independent National Commission on Indigenous Peoples, as recommended under Recommendation 18 of the National Inquiry, with a mandate to advise on legislation, monitor development, and represent the voices of Indigenous communities;
  • Amend Article 153 of the Federal Constitution to explicitly recognise the Orang Asli as equal beneficiaries of constitutional protections and affirmative action measures alongside the Malays and the Natives of Sabah and Sarawak; and
  • Harmonise Federal and State-level laws and policies, especially regarding the gazettement and legal protection of ancestral and Indigenous customary lands.

The protection of Indigenous land rights is not a matter of policy convenience, it is a question of justice, dignity, and survival. Governments have a moral and legal duty to safeguard the lands, resources and cultures of Indigenous Peoples, in accordance with international human rights standards. As UNDRIP’s Article 8(2) affirms:  States must prevent and redress any for actions that aims to dispossess Indigenous Peoples of their lands, territories, or resources.

The time for action is now, before more of what is irreplaceable is lost forever.


[1] Nor Nyawai v Borneo Pulp Plantations & Ors.

[2] Sagong Tasi v Selangor State Government

[3] Adong bin Kuwau & Ors v Kerajaan Negeri Johor & Anor

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Media Statement No. 46-2025 (OCC)_Child-Sensitive Treatment Of Child Witnesses In Court Processes

KUALA LUMPUR (7 OCTOBER 2025) – The Office of Children’s Commissioner (OCC) of SUHAKAM reminds all parties to uphold the principles of fairness, dignity, and compassion in ensuring a child-sensitive justice system. The best interests of the child must be the primary consideration in the treatment of child witnesses, ensuring access to justice while protecting them from hardship during the judicial processes.

The Child Act 2001 [Act 611] clearly affirms in its Preamble that “Every child is entitled to protection and assistance in all circumstances”, a protection that extends equally to child witnesses. Complementing this, the Evidence of Child Witness Act 2007 [Act 676] and Evidence of Child Witness (Amendment) Act 2023 [Act A1688] were specifically enacted to safeguard child witnesses by introducing child-friendly procedures during court processes.

Importantly, Section 6B of the Evidence of Child Witness Act further requires courts to prohibit improper questions, including those that are misleading, intimidating, humiliating, or based on stereotypes. This provision is designed to shield children from psychological, emotional, and physical harm while giving evidence.

Malaysia ratified the Convention on the Rights of the Child (CRC) in 1995, affirming its commitment to uphold the full spectrum of children’s rights. This includes the obligation to ensure that child witnesses and all children in contact with the justice system are treated with dignity, compassion, and respect.

In this regard, OCC calls upon all legal practitioners, court officers, and stakeholders to ensure that these safeguards are consistently implemented in practice, so that children are not re-traumatised by their participation in judicial proceedings.

Office for Children’s Commissioner (OCC)

Human Rights Commission of Malaysia (SUHAKAM)

7 October 2025

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Media Statement No. 45-2025_SUHAKAM Calls for a Rights-Based Approach in Budget 2026

KUALA LUMPUR (6 October 2025) – The Human Rights Commission of Malaysia (SUHAKAM) underscores that the national budget is not only a fiscal tool but also a moral and legal obligation of the Government to protect and fulfil the rights of all people in Malaysia. In light of the upcoming tabling of the 2026 Supply Bill (Budget) by the Minister of Finance on 10 October 2025, SUHAKAM urges that Budget 2026 be firmly grounded in a human rights framework, with emphasis on the following priorities:

  1. Protecting Low-Income Households Amid Subsidy Reforms

With subsidy rationalisation underway, targeted assistance must ensure that low-income households are not left vulnerable to rising costs of living. Safeguards are needed so that fiscal reforms do not disproportionately burden the poorest communities.

  1. Expanding Social Protection to Informal and ‘Missing Middle’ Workers

Many workers in the informal sector and those in the so-called ‘missing middle’ remain excluded from social protection. Budget 2026 should expand coverage of social safety nets, including health insurance, retirement savings, and income support, to these groups.

  1. Ring-Fencing Health and Education Budgets

Health and education are fundamental rights that require guaranteed and sustained financing. SUHAKAM calls for both sectors to be ring-fenced from budget cuts, ensuring equitable access to quality healthcare and education, particularly for marginalised groups.

  1. Prioritising Climate Adaptation and Community Resilience

Climate change poses existential risks, especially to vulnerable rural and coastal communities. Budget 2026 should allocate resources for climate adaptation, disaster risk reduction, and community resilience programmes to protect lives and livelihoods.

  1. Fiscal Responsibility Anchored in Rights

Fiscal discipline must not come at the expense of rights. Responsible budgeting should be guided by the principles of equity, transparency, and accountability, ensuring that every ringgit spent advances the dignity and well-being of people.

  1. Strengthening Oversight Institutions

Parliamentary and independent oversight bodies must be adequately resourced and empowered to ensure that allocations are implemented effectively and free from misuse. Strong institutions are key to maintaining public trust in the budget process.

  1. Providing Adequate Funding to SUHAKAM as a Legal Obligation

The Government has a statutory duty under Section 11(1) of the Human Rights Commission of Malaysia Act 1999 (Act 597) to provide SUHAKAM with adequate funding to effectively and efficiently carry out its mandate. Budget 2026 must therefore reinforce the independence and capacity of SUHAKAM by guaranteeing sufficient resources for its human rights work as mandated by the Paris Principles.

In conclusion, SUHAKAM reiterates that Budget 2026 is an opportunity to reaffirm Malaysia’s commitment to uphold the rights of all, especially the most vulnerable communities. A rights-based budget is not only fiscally sound but also socially just and sustainable.

-END-

Human Rights Commission of Malaysia (SUHAKAM)

Date: 6 October 2025

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Media Statement No. 43-2025 (OCC)_Budget 2026 Must Put Children First

KUALA LUMPUR (3 OCTOBER 2025) The Office of the Children’s Commissioner (OCC), SUHAKAM urges the Government of Malaysia to ensure that Budget 2026 adopts a child-first approach, where allocations are directed towards the survival, protection, development, and participation of children. In line with Malaysia’s obligations under the UN Convention on the Rights of the Child (UNCRC), the national budget must provide concrete investments that safeguard children’s rights and secure the country’s future.

A strong commitment is required to strengthen the Safe School initiative. This involves allocating sufficient resources to repair and upgrade ageing facilities and learning tools, ensuring that schools nationwide meet safety standards, as well as funding anti-bullying advocacy efforts. Schools must also provide a safe environment for mental and emotional well-being. Budget 2026 should therefore expand investment in mental health services for children by ensuring that more school counsellors and psychologists are placed in high-need areas, accessible mental health hotlines are available for young people, and awareness programmes are developed for parents, teachers, and students to reduce stigma and build a culture of care.

The protection of children from violence, abuse, exploitation, and harmful practices must also be a budgetary priority. More resources are needed for child protection officers, social workers, children’s shelters, and preventive programmes that address violence against children. Equally important is the strengthening of child protection services and resources to fully implement the Child Act 2001 (Act 611), which is long overdue. Without proper funding for protection, children remain vulnerable to harms that undermine their rights and dignity.

Equally urgent is the need to end child poverty and support disadvantaged families. Poverty continues to harm children’s education, health, and future opportunities. Budget 2026 should enhance social protection for children by increasing cash assistance to low-income families and expanding access to nutritious school meals for those in need.

Finally, children’s health and nutrition demand greater investment. Budget 2026 should strengthen nutrition programmes for young children, support school-based health services, and expand primary healthcare facilities in underserved areas. Addressing malnutrition and obesity, together with preventive health measures, will help Malaysia build a healthier generation capable of reaching their full potential.

In conclusion, OCC emphasises that Budget 2026 should serve as an opportunity for Malaysia to demonstrate its sincere commitment to children. Every ringgit allocated to children is an investment in building a stronger, safer, and more resilient Malaysia. Investment in children must be the nation’s highest priority.

-END-

The Office of the Children’s Commissioner (OCC)
Human Rights Commission of Malaysia (SUHAKAM) 

Date: 3 October 2025

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Media Statement No. 42-2025_SUHAKAM Condemns Attack on Humanitarian Flotilla, Urges Release of Malaysians and Others Held Illegally

KUALA LUMPUR (3 October 2025) – The Human Rights Commission of Malaysia (SUHAKAM) joins the Government of Malaysia and the international community in condemning the reported attack by Israeli forces on the Global Sumud Flotilla, a peaceful humanitarian mission carrying aid to Gaza. The incident, which has resulted in the detention of activists, humanitarian workers, and crew members, including Malaysians, represents a grave violation of international human rights and humanitarian law.

The abduction and detention of civilians engaged in humanitarian work contravene fundamental principles of the Universal Declaration of Human Rights, the Geneva Conventions, and international maritime law. The right to life, liberty and security of person must be upheld in all circumstances, and humanitarian actors must never be targeted for carrying out their lawful and moral duty to provide relief to those in need.

SUHAKAM stresses that the Global Sumud Flotilla is a legitimate and peaceful initiative aimed at delivering urgently needed humanitarian assistance to Gaza. At a time when Palestinians face catastrophic conditions of displacement, starvation, and systemic violations of their rights, obstructing humanitarian aid not only violates international law but undermines the very principles of humanity and dignity.

SUHAKAM calls for the immediate and unconditional release of all those detained, including the 12 Malaysians, and for the safe and unhindered passage of humanitarian relief into Gaza. We further urge the United Nations and the international community to uphold international law, to take concerted action against atrocities, and to ensure accountability for violations of human rights and humanitarian principles.

Malaysia has consistently stood in solidarity with the Palestinian people in their pursuit of justice, dignity, and self-determination. SUHAKAM reaffirms this position and underscores that the protection of civilians and humanitarian workers is not optional, but a binding obligation under international law that all states must respect and enforce.

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Human Rights Commission of Malaysia (SUHAKAM)

Date: 3 October 2025

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Kenyataan Media No. 40-2025 (OCC)_Penjelasan Mengenai Undang-undang Rogol Statutori: Melindungi Kanak-kanak daripada Eksploitasi

KUALA LUMPUR (24 September 2025) – Pejabat Pesuruhjaya Kanak-kanak (OCC), SUHAKAM ingin memberikan penjelasan kepada orang awam mengenai prinsip undang-undang berkaitan rogol statutori di bawah Seksyen 375(g) Kanun Keseksaan, khususnya berhubung isu persetujuan (consent) dan perlindungan kanak-kanak.

Undang-undang ini digubal atas asas bahawa kanak-kanak perempuan bawah umur 16 tahun tidak mempunyai kapasiti undang-undang untuk memberikan persetujuan kepada sebarang bentuk hubungan seksual. Ini bermakna, walaupun wujud keadaan yang dilihat sebagai “suka sama suka”, undang-undang tetap menganggap kanak-kanak perempuan sebagai mangsa. Rasionalnya ialah kanak-kanak perempuan masih belum matang dari segi fizikal, mental dan emosi, dan mudah terdedah kepada manipulasi, pujukan atau eksploitasi oleh pihak lain. Berikutan itu, kanak-kanak perempuan yang menjadi mangsa perlu dilindungi oleh undang-undang bagi mengelakkan trauma berganda dan memastikan mereka tidak dipersalahkan atau dihukum. Hukuman dalam kes ini hanya dikenakan kepada pihak lelaki yang melakukan perbuatan tersebut, sama ada lelaki dewasa atau kanak-kanak di bawah umur 18 tahun.

Bagi pelaku kanak-kanak lelaki, undang-undang membolehkan mereka didakwa, tetapi tertakluk kepada prinsip khas keadilan kanak-kanak. Menurut Seksyen 91 Akta Kanak-Kanak 2001 [Akta 611], mahkamah akan mengenakan perintah untuk kanak-kanak yang didapati bersalah seperti penempatan di sekolah diluluskan (Sekolah Tunas Bakti) dan Sekolah Henry Gurney. Pendekatan ini menyeimbangkan prinsip akauntabiliti dengan memberikan peluang kedua kepada kanak-kanak, agar pelaku kanak-kanak tidak dihukum seperti pesalah dewasa tetapi tetap bertanggungjawab dan diberikan pemulihan.

OCC menegaskan bahawa undang-undang rogol statutori bukan untuk menghukum kanak-kanak perempuan yang menjadi mangsa, tetapi untuk melindungi mereka daripada sebarang bentuk eksploitasi dan diskriminasi. Undang-undang ini mencerminkan komitmen Malaysia terhadap kepentingan terbaik kanak-kanak sebagaimana yang digariskan dalam Konvensyen Mengenai Hak Kanak-kanak 1989 (CRC) dan Akta 611.

OCC menyeru semua pihak, khususnya agensi penguatkuasa, pendidik dan masyarakat, untuk memahami dan mempertahankan prinsip ini. Melindungi kanak-kanak adalah tanggungjawab bersama, dan setiap mereka berhak mendapat perlindungan penuh daripada eksploitasi serta peluang untuk membesar dengan selamat dan sihat.

-TAMAT-

Pejabat Pesuruhjaya Kanak-Kanak (OCC)
Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM) 

Tarikh: 24 SEPTEMBER 2025

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Media Statement No. 40-2025 (OCC)_Clarification on Statutory Rape Laws: Protecting Children from Exploitation

KUALA LUMPUR (24 September 2025) – The Office of the Children’s Commissioner (OCC), SUHAKAM wishes to provide clarification to the public regarding the legal principles of statutory rape under Section 375(g) of the Penal Code, particularly on the issue of consent and the protection of children.

This law is based on the principle that girls under the age of 16 do not have the legal capacity to give consent to any form of sexual activity. This means that even if a situation appears to be “mutual,” the law still regards the girl as a victim. The rationale is that girls at this age are not yet mature physically, mentally, or emotionally, and are easily exposed to manipulation, persuasion, or exploitation by others. Therefore, the law ensures that girls who are victims are protected from double trauma and are not blamed or punished. Punishment in these cases applies only to the male perpetrator, whether he is an adult or a child under the age of 18.

For male child perpetrators, the law allows them to be charged, but subject to the special principles of juvenile justice. According to Section 91 of the Child Act 2001 [Act 611], the court has the authority to issue orders for children, including placement in approved institutions (Sekolah Tunas Bakti) or Henry Gurney Schools. This approach strikes a balance between accountability and rehabilitation, providing young offenders with a second chance. They are not punished like adult criminals, but are still held responsible and undergo rehabilitation.

The OCC emphasises that statutory rape laws are not intended to punish girl victims, but to protect them from any form of exploitation and discrimination. These laws reflect Malaysia’s commitment to the best interests of the child as outlined in the Convention on the Rights of the Child (CRC) and the Child Act 2001.

The OCC calls on all parties, particularly enforcement agencies, educators, and society at large, to understand and uphold this principle. Protecting children is a collective responsibility, and every child deserves full protection from exploitation and the opportunity to grow up safely and healthily.

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The Office of the Children’s Commissioner (OCC)
Human Rights Commission of Malaysia (SUHAKAM) 

Date: 24 September 2025