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Press Statement No. 27-2024_SUHAKAM Calls for the Abolition of Corporal Punishment

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

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Press Statement No. 26-2024_Positive Economic Steps, Significant Human Rights Concerns Remain

KUALA LUMPUR (21 OCTOBER 2024) – The Human Rights Commission of Malaysia (SUHAKAM) acknowledges the efforts of the government under Prime Minister Datuk Seri Anwar Ibrahim in presenting Budget 2025. The initiatives aimed at equitable economic growth, fiscal responsibility and governance reforms are commendable. However, while the Budget reflects positive steps in Malaysia’s fiscal policy and development, it falls short in addressing critical human rights concerns, particularly in areas affecting marginalized and vulnerable groups.

SUHAKAM welcomes the government’s focus on children, including incentives for special needs (OKU) children and tax breaks for parents of children with autism. Efforts to tackle child malnutrition in public housing (PPR) and the increased allocation to agencies dealing with online safety, child pornography and cyberbullying are positive. The strengthening of relevant laws to address scams and cybercrimes targeting children, as well as the introduction of new legal frameworks, represents a proactive step towards protecting children in the digital age.

Despite these improvements, SUHAKAM stresses that the Budget 2025 lacks clear plans to safeguard the rights of migrant workers, refugees and stateless individuals. These communities continue to face exploitation, with limited access to healthcare, education and legal protection. Stronger frameworks are needed to prevent human trafficking and exploitation, ensuring these groups can access justice and basic services, in line with Malaysia’s international obligations.

The Budget mentions infrastructure projects for rural and indigenous communities but fails to address the protection of indigenous peoples’ land rights. Their participation in decision-making on development projects remains limited, often resulting in displacement and loss of traditional lands. SUHAKAM emphasizes the importance of Free, Prior and Informed Consent (FPIC) in all development activities to preserve their rights and cultural heritage.

On gender equality, Budget 2025’s focus on gender-based violence (GBV) remains inadequate. The absence of specific allocations for strengthening legal frameworks and support services for victims is alarming. SUHAKAM urges the government to prioritize protection for women, particularly in addressing domestic violence, sexual harassment and workplace discrimination.

Malaysia’s aging population continues to grow, yet their specific needs remain largely unaddressed. Access to healthcare, social protection and protection from abuse are essential human rights that cannot be overlooked. SUHAKAM calls for a comprehensive national aging policy that guarantees the dignity and rights of elderly citizens. In addition, while poverty alleviation is a government focus, the Budget lacks a human rights-based approach to economic and social rights. Marginalized communities continue to struggle with inadequate housing, food security and fair wages. SUHAKAM stresses the need for legal protections that ensure equitable access to resources, affordable housing and decent work for all, especially low-income families.

Mental health services, especially post-pandemic, remain critically underfunded. While economic recovery is emphasized, there is limited attention to community-based mental health care. SUHAKAM calls for greater resources to be allocated towards mental health services, ensuring that individuals with mental health conditions receive the necessary care and protection.

Additionally, the budget does not sufficiently address the rights and needs of persons with disabilities (PWDs). The lack of focus on accessibility, inclusive education and employment opportunities is concerning. SUHAKAM urges the government to align its policies with the UN Convention on the Rights of Persons with Disabilities (CRPD), ensuring equal access to public services and economic opportunities for all PWDs.

While institutional reforms are mentioned, Budget 2025 falls short in addressing access to justice for vulnerable groups. SUHAKAM advocates for comprehensive legal reforms to ensure marginalized communities can access justice and hold perpetrators of human rights violations accountable.

On a positive note, SUHAKAM recognizes the increased budget for the judiciary, the boost to the National Cyber Security Agency (NACSA) in tackling online safety issues – including for children – and the anticipated Online Safety Bill. The rise in cash aid under Sumbangan Tunai Rahmah (STR) and the allocations for combating child malnutrition in PPR areas are steps in the right direction.

Despite these commendable initiatives, the minimum wage still does not reflect the actual cost of living, as evidenced by reports from the Employees Provident Fund (EPF), Bank Negara Malaysia (BNM) and the Credit Counselling and Debt Management Agency (AKPK). Additionally, the Baitul Mahabbah program continues with no expansion to cover all children below 18 years, nor an indication of family or community placement.

SUHAKAM acknowledges the government’s commitment to fiscal responsibility and governance reforms in Budget 2025. However, we urge the government to ensure that its economic growth strategies are inclusive and that human rights, particularly for marginalized communities, are at the forefront of national development. A Budget that truly supports the people must address not only fiscal concerns but also the protection of fundamental rights and freedoms for all.

-END-

The Human Rights Commission of Malaysia (SUHAKAM)
Date: 21 October 2024

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Press Statement No. 25-2024_Press Statement on Constitutional (Amendment) Bill 2024 – 2.0

KUALA LUMPUR (15 OCTOBER 2024) – The Human Rights Commission of Malaysia (SUHAKAM) would like to provide insights in our recent interactions with several stakeholders in relation to the Constitution (Amendment) Bill 2024. SUHAKAM is empowered and mandated under the Human Rights Commission of Malaysia Act 1999 [Act 597] to advise the Government on matters relating to human rights including the issue of statelessness in Malaysia. Notwithstanding the differences and limited access to record of past meetings, SUHAKAM appreciates the past discussions transpired, that involves the participation of diverse parts of the society in this issue with the Ministry of Home Affairs.

SUHAKAM has been engaged in several consultations on the Bill with the Ministry of Home Affairs and has consistently put forward our stance pertaining to the concerns on the substantive arguments of the Bill and its consequences. Whilst several consensuses have been reached, SUHAKAM maintains its position on our dissent to the proposed amendment of the removal of the automatic citizenship to children of permanent residents. Moreover, SUHAKAM strongly urges on the application of retrospective effect for children born overseas of Malaysian mother and non-Malaysian father after September 2001 as stated in our previous statement.

In conjunction with the imminent Parliamentary Debate on the Constitution (Amendment) Bill 2024, SUHAKAM reaffirms its firm position on the importance of transparent and accountable governance in the legislative process, particularly with regard to bills that have profound implications for the rights and welfare of the people. It is essential that such bills undergo a thorough review, taking into account public concerns and ensuring that they meet the highest standards of human rights protection.

SUHAKAM strongly urges the Government to consider referring the Bill to joint Parliamentary Special Select Committee (PSSC) of Human Rights, Election and Institutional Reform and the Women, Children and Community Development for further scrutiny and engagement. The bill in its current form continues to raise significant concern among stakeholders and civil society organizations, who have voiced worry over its potential impact. The voices of the people cannot and should not be sidelined in the legislative process. SUHAKAM reminds the Government of its duty to uphold democratic principles and ensure that laws passed are representative of the public interest. A referral to the PSSC will provide the necessary platform for further scrutiny, allowing for comprehensive feedback from all relevant sectors of society.

SUHAKAM stands ready to provide any necessary assistance to ensure that the review process is inclusive, robust, and reflective of the voices of all Malaysians.

-END-

The Human Rights Commission of Malaysia (SUHAKAM)
Date: 15 October 2024

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Press Statement No. 24-2024_SUHAKAM Urges Immediate Action on OCC’s Call For a RCI Into the GISB Case

KUALA LUMPUR (11 OCTOBER 2024) – The Human Rights Commission of Malaysia (SUHAKAM) firmly supports the Office of the Children’s Commissioner’s (OCC) recommendation to establish a Royal Commission of Inquiry (RCI) to investigate the grave allegations surrounding the Global Ikhwan Sdn Bhd (GISB) case. The reported human rights violations, including mistreatment, exploitation, and abuse of children, call for an urgent and decisive action.

SUHAKAM asserts that an RCI is the most effective mechanism for ensuring a thorough, impartial, and transparent investigation into these serious allegations. Establishing the RCI will not only hold perpetrators accountable but also address the systemic failures within the regulatory and enforcement agencies tasked with child protection. Impunity for violations of children’s rights cannot be tolerated. The inquiry must pave the way for justice for the victims and comprehensive reforms to strengthen Malaysia’s child protection framework.

The GISB case exposes significant lapses in oversight and governance, with the alleged abuses reportedly going unnoticed for over 10 years. SUHAKAM stresses that the inquiry should prioritize identifying institutional weaknesses that allowed such violations to persist unchecked. There is an urgent need to streamline governance for child protection and alternative care institutions under a unified agency or authority. The case highlights a fragmented regulatory framework, where different homes fall under various jurisdictions, including State Islamic Religious Councils, the Department of Social Welfare (JKM), and, in some instances, the Ministry of Education. This fragmentation has led to inefficiencies and catastrophic failures in allowing children to fall through the cracks.

Children’s Commissioner Dr. Farah Nini Dusuki reiterates that establishing an RCI will not only uncover the root causes of these abuses but also propel necessary legal and institutional reforms to prevent such cases from recurring. It is time to re-examine existing oversight mechanisms and ensure robust protections across all institutions responsible for children’s care and welfare.

SUHAKAM calls on the government and all relevant authorities to act swiftly in supporting the establishment of the RCI. Such an inquiry will send a powerful message of the government’s commitment to justice, transparency, and the protection of children. It is crucial that the RCI provides a platform for victims, their families, and the public to voice their concerns, seek justice, and achieve closure.

Moreover, SUHAKAM urges all parties involved to fully respect the rights of the victims, particularly the children, throughout the investigative process. Protecting children from all forms of abuse, exploitation, and neglect is a fundamental obligation under Malaysian law and international human rights standards, including the Convention on the Rights of the Child (CRC), to which Malaysia is a party.

In reaffirming our commitment to upholding human rights in Malaysia, SUHAKAM stands ready to assist the RCI in pursuing justice and accountability. We are dedicated to ensuring that this inquiry not only delivers justice for the victims but also brings about the comprehensive reforms necessary to protect future generations of children from similar exploitation.

-END-

The Human Rights Commission of Malaysia (SUHAKAM)
Date: 11 October 2024

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Press Statement No. 23-2024_Constitutional (Amendment) Bill of Citizenship Clauses

KUALA LUMPUR (7 OCTOBER 2024) – The Human Rights Commission of Malaysia (SUHAKAM) is deeply alarmed about the recent news of a Member of Parliament’s remark on the exemption of Sabah from provisions of proposed amendments to citizenship clauses. Article 161E(2)(a) of the Federal Constitution requires the concurrence of the states of Sabah and Sarawak for the amendment of citizenship clauses. The abrupt development signalled the disarray of the government in the preparation of this bill.

SUHAKAM strongly urges the Government to seriously reconsider the removal of present automatic right to citizenship of children born within Malaysia to permanent residents. The rights to citizenship that has been entrenched in the Federal Constitution through the wisdom of our forefathers should not be taken away by way of any amendment to the Constitution. SUHAKAM would like to reiterate its stance to the amendment to the Federal Constitution on citizenship rights should be in the spirit of enhancing these rights and not directed to taking away or diluting these rights. It remains our concern that the removal of the right to automatic citizenship of children born to permanent residents would only exacerbate the problem of statelessness.

Moreover, despite the applaudable move in the bill to extend equal rights to Malaysian women to pass down citizenship to their children born overseas, we would like to emphasise on the application of retrospective effect for the benefit of children born after September 2001.  The constitutional amendment of Article 8 in 2001 guarantees equal treatment for both genders before the law and the retrospectivity will not only level up the past inequality for the affected Malaysian women and but also remedy the unfairness to the said children who should have been entitled to automatic citizenship had their mothers not been discriminated.

SUHAKAM urges the Government and Parliamentarians to continue in holding meaningful consultations and pragmatic engagements with all relevant stakeholders including stateless children and affected communities in addressing the causes of statelessness and the impediment for registration of document.

The current state of statelessness in Malaysia did not happen in a vacuum nor it is accidental. It reflects and exposes the perpetual creation of statelessness in our public service delivery for decades. It is clear that an overhaul reform is necessitated with urgency and good faith to fix the broken system.

Whilst SUHAKAM appreciates the piecemeal initiatives and various efforts demonstrated recently by the Ministry of Home Affairs in expediting citizenship application and registration of birth and marriage within the marginalised community, however, there must be in place the legal and administrative safeguards so as to avoid any individual falls through the crack of the system that render them stateless or undocumented.
SUHAKAM calls upon Members of Parliament and Senators from both Houses to set the parameters in the upcoming Parliamentary debate to get categorical assurance from the government in their administrative and legislative reform to not only end statelessness but deliver a clear, transparent and inclusive pathway towards citizenship for prospective nationals.

-END-

The Human Rights Commission of Malaysia (SUHAKAM)

Date: 7 October 2024

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Press Statement No. 22-2024_SUHAKAM Demands Urgent Action on Human Rights Violations Affecting Vulnerable Communities

KUALA LUMPUR (21 SEPTEMBER 2024) – The Human Rights Commission of Malaysia (SUHAKAM) expresses its profound concern over what appears to be a persistent neglect of critical human rights issues impacting vulnerable communities, despite the call from us (SUHAKAM) and the repeated calls for action from civil societies and the individual affected.

In particular, SUHAKAM alludes to the alleged complaint of assault by Mr. Ong In Keong, the e-hailing cab driver, a person with disability, against a police officer. The alleged incident took place in May 2024, about almost 4 months ago. But, sadly, until today, no prosecutorial action has been taken against the said police officer.

SUHAKAM reiterates what we have stated in our previous media statement of 16 August 2024.

SUHAKAM is deeply dismayed by the deafening silence on the part of the Attorney General cum Public Prosecutor on the issue as to whether prosecutorial proceeding will be taken against the police officer concerned; or otherwise.

If the Attorney General cum Public Prosecutor takes the position that he does not intend to prosecute the said police officer, he must announce it to the public stating his reasons in clear terms for the decision not to prosecute. 

On the other hand, if the Attorney General cum Public Prosecutor has in mind to prosecute the police officer concerned, with respect, why is he taking so long to do so, as the case is a straightforward case of assault under the Penal Code. 

The learned Honourable Attorney General needs no reminder that justice delayed is justice denied to the said Mr. Ong, the alleged victim. Under Article 8 of the Federal Constitution everyone is equal before the law and is entitled to the equal protection of the law – and this includes Mr. Ong. 

We strongly repeat what we had said earlier. No person should be denied of his human rights, let alone a person belonging to a vulnerable community.

As this is a case of public interest involving a person with disability, a member of the vulnerable community, the Attorney General, as the guardian of public conscience, has a constitutional and moral duty to publicly address the issue. Good governance, the principle of transparency and the Rule of Law expects him to do so. 

Silence is not an option on the part of the Attorney General.

There should not be this public perception that the criminal justice system has been compromised or undermined.

SUHAKAM awaits the response of the Attorney General.

-END-

The Human Rights Commission of Malaysia (SUHAKAM)

Date: 21 September 2024

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Press Statement No. 21-2024 (OCC)_PDRM Raid on GISB’s Care Homes: CC Troubled for Child Victims Involved

KUALA LUMPUR (13 SEPTEMBER 2024) – Children’s Commissioner, Human Rights Commission of Malaysia (SUHAKAM), Dr Farah Nini Dusuki (CC) expressed her deep sadness on the news pertaining to the special operation carried out in care homes associated to ‘Global Ikhwan Service and Business Holding’ (GISB). The investigation by the Royal Malaysian Police (PDRM) revealed that the child victims in the homes were not only groomed to sodomise but also were sexually assaulted by the wardens and forced to assault other children. The children recorded by PDRM numbered at 402 from 20 care homes around Selangor and Negeri Sembilan respectively. Therefore, CC is gravely appalled on the underreported cases of children being assaulted in actuality owing to the rampancy of GISB operating nationwide in Malaysia and globally.

CC expressed her gratitude to PDRM and partners namely, the Social Welfare Department (JKM), the Ministry of Health (KKM) and the Malaysian Chemical Department for their swift action to save the child victims in this case. However, based on the Media Conference Notes (OP Global) by PDRM yesterday, it is understood that the total number of police reports against GISB stood at 41 cases, made between 2011 until September 7, 2024. Therefore, CC is heedful of the outcome of the investigation and the subsequent actions that have been taken by PDRM against GISB since 2011.

However, the CC’s immediacy for this case is acting for best interests of all child victims with regard to the insistence of all victim handling processes including investigations into the acquisition of criminal evidence against perpetrators should be child friendly. In addition, counseling and psychological treatment services for child victims must be provided, ensuring a smooth recovery from their trauma and channeling them to a new chapter in life.

CC believes that a family-based care system should be prioritized for the care of all child victims, rather than placing them in overcrowded children’s homes, which could further exacerbate their trauma. Additionally, CC stresses the importance of providing continuous counseling to all child victims to accurately assess the impact of the abuse and offer an appropriate rehabilitation plan tailored to their needs.

The crime and exploitation against children committed behind the facade of religion is grotesquely shocking to say the least. CC is further aggrieved on the fact that the care homes have been running for years undetected. Moreover, CC calls for JKM to ensure that all childcare centers must not only be registered but also diligently and responsibly monitored. Tragedies akin to this, including the recent death of 8-month-old Muhamad Al Fateh Amri in a nursery, could have been avoided if monitoring was conducted closely by the authorities. Taking into account the capacity and resource constraints of JKM, the responsibility to conduct monitoring should also be extended to the local councils, with regard to their municipal role in respective localities.

To that, the CC urges an establishment of special committee by the National Security Council to study and formulate an integrated strategy to deal with the recurrence of such crimes in all institutions involving children, especially in daycare centers. Additionally, CC calls for the formation of a Royal Commission of Inquiry (RCI) to conduct a thorough investigation into the incident. The inquiry’s findings would guide meaningful reforms of any failing institutions or systems, ultimately laying the groundwork for a comprehensive child protection framework.

Hereafter, raids should be conducted at all children shelter homes and day care centers to ensure strict compliance of all childcare institutions with the standards prescribed by JKM.

-END-

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

13 September 2024

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SERBUAN PDRM RUMAH AMAL GISB: CC DUKACITA TERHADAP MANGSA KANAK-KANAK TERLIBAT

KUALA LUMPUR (13 SEPTEMBER 2024) – Pesuruhjaya Kanak-kanak, Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM), Dr Farah Nini Dusuki (CC) menzahirkan kekesalan terhadap modus operandi oleh rumah-rumah amal yang dikatakan ada kaitan dengan ‘Global Ikhwan Service and Business Holding’ (GISB) sepertimana yang dilaporkan oleh pihak media tempohari. Siasatan Polis Diraja Malaysia (PDRM) mendedahkan bahawa mangsa kanak-kanak di rumah-rumah amal tersebut bukan sahaja diajar dan dididik cara untuk meliwat, malahan mereka turut  diliwat oleh penjaga dan seterusnya dipaksa untuk meliwat penghuni kanak-kanak yang lain. Seramai 402 kanak-kanak daripada 20 rumah amal di sekitar Selangor dan Negeri Sembilan telah berjaya diselamatkan oleh pihak PDRM. CC berasa sangat hiba membayangkan jumlah sebenar mangsa kanak-kanak yang terlibat dalam jenayah penderaan seksual tersebut kerana GISB diketahui umum bergerak secara aktif di seluruh Malaysia dan di peringkat global.

CC merakamkan ucapan terima kasih kepada pihak PDRM dan rakan strategik yang terdiri daripada Jabatan Kebajikan Masyarakat (JKM), Kementerian Kesihatan Malaysia (KKM) dan Jabatan Kimia Malaysia atas tindakan pantas mereka menyelamatkan kanak-kanak yang menjadi mangsa dalam kes ini. Berdasarkan Nota Sidang Media (OP Global) oleh pihak PDRM, difahamkan bahawa sebanyak 41 laporan polis telah dibuat terhadap GISB sejak 2011 hingga 7 September 2024, dan CC memohon agar pihak PDRM dapat memaklumkan mengenai hasil siasatan dan tindakan yang telah diambil terhadap laporan-laporan tersebut.

Sebagai entiti yang bertanggungjawab untuk mempromosi dan melindungi hak kanak-kanak di Malaysia, fokus utama CC adalah untuk memastikan kepentingan terbaik kesemua mangsa kanak-kanak ini. Oleh yang demikian, CC ingin menegaskan akan kepentingan untuk semua proses pengendalian mangsa kanak-kanak termasuk siasatan terhadap pemerolehan bukti jenayah terhadap pemangsa dilaksanakan mengikut prosedur yang sewajarnya yang bersifat mesra kanak-kanak (‘child-friendly’). Selain itu, rawatan kaunseling dan psikologi terhadap mangsa kanak-kanak perlu dipastikan dapat membantu memulihkan trauma kanak-kanak dan membolehkan mereka membuka lembaran hidup yang baharu.

CC juga berpandangan bahawa bagi halatuju penjagaan kesemua kanak-kanak selepas ini,  sistem penjagaan berdasarkan keluarga (‘family based-care’) adalah disyorkan kerana petempatan di rumah kanak-kanak yang sesak berisiko menambah trauma kepada kanak-kanak. Selain itu, CC menekankan supaya kaunseling yang berterusan diberikan kepada kanak-kanak bagi mengenalpasti sejauh mana impak penderaan yang berlaku memberi kesan terhadap mereka, dan mekanisme pemulihan sesuai dapat dijalankan ke atas kanak-kanak.

Jenayah dan eksploitasi terhadap kanak-kanak yang berselindung di sebalik nama agama sebegini adalah amat memalukan. CC amat terkilan kerana rumah-rumah amal tersebut berjaya beroperasi bertahun lamanya tanpa dapat dikesan aktiviti tidak bermoral yang dijalankan.  Bagi mengelakkan tragedi seumpama ini berulang, CC menyeru pihak JKM untuk sentiasa memastikan agar semua pusat jagaan kanak-kanak bukan hanya perlu berdaftar, tetapi turut dipantau rapat dengan penuh bertanggungjawab. Tragedi seperti ini termasuk insiden kematian yang berlaku terhadap bayi berumur 8 bulan, Muhamad Al Fateh Amri di taska baru-baru ini dapat dielakkan jika pemantauan rapi dibuat oleh pihak berwajib. CC mengambil maklum mengenai isu kekangan kapasiti oleh pihak JKM dan menyarankan agar tanggungjawab pemantauan ini dapat dijalankan dengan kerjasama majlis-majlis perbandaran setempat secara menyeluruh di lokaliti masing-masing.

CC menggesa agar satu jawatankuasa khas ditubuhkan di peringkat Majlis Keselamatan Negara bagi mengkaji mengenai strategi bersepadu yang boleh dirangka untuk menangani jenayah sebegini dan langkah-langkah yang perlu diambil bagi memastikan ia tidak berulang terutamanya di semua institusi yang melibatkan kanak-kanak, khususnya di pusat jagaan dan asuhan. Selain itu, CC menyeru agar satu Suruhanjaya Inkuiri Diraja ditubuhkan bagi menyiasat insiden ini agar hasil dapatan inkuiri dapat dimanfaatkan sebagai panduan untuk reformasi institusi dan seterusnya membantu mewujudkan suatu sistem perlindungan kanak-kanak yang lebih holistik.

CC juga memohon agar suatu Operasi Khas dibuat untuk menggempur rumah amal kanak-kanak serta pusat asuhan bagi memastikan kesemua institusi ini mematuhi piawaian ditetapkan oleh JKM.

-TAMAT-

Dr Farah Nini Dusuki
Pesuruhjaya Kanak-Kanak

Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM)
13 September 2024

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Press Statement No. 20-2024_SUHAKAM Demands Justice, Transparency and Government Action on Enforced Disappearances

KUALA LUMPUR (31 AUGUST 2024) – In conjunction with International Day of the Victims of Enforced Disappearances on 30th August, SUHAKAM reaffirms its unwavering commitment to advocating for the rights of victims and their families. We emphasize the urgent need for accountability, transparency and justice in all cases of enforced disappearances, including those highlighted in our previous inquiries, such as the cases of Pastor Raymond Koh, Amri Che Mat, and the subsequent inquiry into the disappearances of Joshua Helmi and Ruth Sitepu.

SUHAKAM reiterates its call for the immediate release of the findings of the Task Force established in 2019 to investigate these cases of Pastor Raymond Koh and Amri Che Mat. Despite the passage of several years, the lack of transparency regarding the Task Force’s report continues to cause immense distress to the affected families, who remain desperate for answers and closure; and had to resort to the judicial process for the disclosure of the Task Force Report. We strongly believe that public access to the findings of this investigation is essential not only for the purpose of compliance with the principle of transparency but also to achieving justice, fostering public trust, and enabling healing for those affected.

We note with concern that the disappearances of Joshua Helmi and Ruth Sitepu, who were last seen in 2016, have yet to be resolved. In 2019, SUHAKAM commenced an inquiry into their cases, underscoring the ongoing need for comprehensive investigations into all enforced disappearances in Malaysia. The families of Joshua and Ruth, like those of Pastor Raymond Koh and Amri Che Mat, continue to live in anguish and uncertainty. We urge the authorities to ensure a thorough and transparent investigation into these cases, as they remain emblematic of the broader issue of enforced disappearances in the country.

SUHAKAM expresses its deepest concern and sympathies to the families of the victims and their loved ones for the grief, anxiety, and sadness arising from the enforced disappearances. We hope that the nation will one day soon ensure that adequate legal recognition and remedies are available for victims of enforced disappearances in the country, thereby demonstrating the government’s commitment to not allow such an unthinkable act to take place, at any time, upon anyone in the country.

SUHAKAM calls on the government to accede to the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED).

In line with the guiding principles for the search for disappeared persons, SUHAKAM underscores that all investigations must be conducted under the presumption that the individuals are alive. It is imperative to approach these cases with a comprehensive strategy that respects human dignity and ensures that searches are thorough, independent, and impartial, in accordance with international standards.

We also draw attention to the joint statement by the United Nations Working Group on Enforced or Involuntary Disappearances (WGEID) and the Committee on Enforced Disappearances (CED) on the importance of public disclosure and cooperation among all stakeholders. The statement stresses that enforced disappearances are a crime under international law, and it is crucial for states to take all necessary measures to prevent, investigate, and sanction this grave violation of human rights.

Additionally, SUHAKAM remains dedicated to raising awareness about the mandates of human rights mechanisms and strengthening coordination at local, regional, and global levels to combat enforced disappearances. We will continue our advocacy and awareness-raising efforts, working tirelessly to ensure that such human rights violations do not go unaddressed and that there is accountability for every victim.

SUHAKAM stands resolute in our mission to uphold justice, ensure accountability, and fight against impunity for enforced disappearances. We will not rest until the rights of victims are fully protected, and the perpetrators of these violations are held accountable.

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The Human Rights Commission of Malaysia (SUHAKAM)
Date: 31 August 2024

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Press Statement No. 19-2024 (OCC)_Hold Parents or Guardians Accountable for Negligent Exposure of Children to Fatal or Injurious Road Accidents

KUALA LUMPUR (17 AUGUST 2024) – The Children’s Commissioner (CC) of the Human Rights Commission of Malaysia, Dr. Farah Nini Dusuki, has expressed sadness over the recent tragic road accidents involving underage motorcyclists. In an incident, a 12-year-old boy riding a three-wheeled motorcycle caused the death of a 13-month-old toddler in Kubang Kerian. In another, two 13-year-old boys lost their lives after colliding with each other while performing stunts in Elmina.

It was reported that in the first case, the road tax and insurance for the three-wheeled motorcycle had expired. In the second case, the accident occurred at 11:20 p.m. as the two teenagers were performing wheelies. These incidents starkly highlight the failure of parents or guardians to properly monitor their children’s activities, particularly at night.

Under Section 31(1)(a) of the Child Act 2001, parents or guardians who neglect their child or act negligently in a manner likely to cause the child physical injury, or who permit the child to be neglected, can, upon conviction, be liable to a fine not exceeding fifty thousand ringgits, imprisonment for a term not exceeding twenty years, or both.

Additionally, under Section 39(5) of the Road Transport Act 1987, parents or guardians who cause or permit their child under 16 years old to drive a motor vehicle are guilty of an offence and, upon conviction, are liable to a fine not exceeding two thousand ringgits, imprisonment for a term not exceeding six months, or both.

According to statistics from the Bukit Aman Traffic Investigation and Enforcement Department, the number of road deaths and injuries among child motorcycle victims increased in 2023 compared to 2022, especially in the 6 to 10 age range, with cases rising from 97 to 111. The Ministry of Transport (MOT) and Road Transport Department (RTD) are reportedly drafting a new law related to the purchase of motorcycles by unlicensed riders. The CC urges that this draft law be expedited for tabling in the Dewan Rakyat.

In 2019, the police proposed to the MOT and RTD the implementation of a new motorcycle license category, referred to as ‘B3,’ which would restrict individuals aged 16 to 20 years to operating only electric bikes and low-powered mopeds not exceeding 70cc. This proposal was considered, and in 2021, the Malaysian Institute of Road Safety Research (MIROS) endorsed a recommendation to study the idea. However, the status of this study remains unclear to date. The CC therefore calls on MIROS to provide a clear update on this matter.

The CC firmly reiterates that negligent parents and guardians must be held accountable for their failure to fulfill their duty of care. The deaths of these children were not merely accidents or matters of fate; they could have been prevented if their parents and guardians had exercised proper vigilance.

-END-

Dr Farah Nini Dusuki
Children’s Commissioner

The Human Rights Commission of Malaysia (SUHAKAM)
17 August 2024

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Pastikan Ibu Bapa Atau Penjaga Bertanggungjawab Atas Kecuaian Mendedahkan Kanak-kanak Kepada Kemalangan Maut Atau Kecederaan Di Jalan Raya

KUALA LUMPUR (17 OGOS 2024) – Dr Farah Nini Dusuki, Pesuruhjaya Kanak-Kanak (CC) di Suruhanjaya Hak Asasi Manusia Malaysia berasa dukacita atas tragedi kemalangan jalan raya baru-baru ini melibatkan penunggang motosikal bawah umur. Dalam satu insiden, seorang kanak-kanak berumur 12 tahun menunggang sebuah motosikal roda tiga jenis telah menyebabkan kematian seorang bayi berusia 13 bulan di Kubang Kerian. Dalam satu insiden lain, dua kanak-kanak lelaki berumur 13 tahun maut selepas bertembung antara satu sama lain ketika melakukan aksi menunggang motosikal secara berbahaya di Elmina.

Laporan menyatakan bahawa bagi kes pertama, cukai jalan dan insurans motosikal beroda tiga tersebut telah tamat tempoh. Bagi kes kedua, kejadian berlaku pada jam 11.20 malam ketika dua remaja terbabit melakukan aksi ‘wheelies’. Kedua-dua insiden ini jelas menunjukkan kegagalan ibu bapa atau penjaga dalam memantau aktiviti anak mereka terutamanya pada waktu malam. 

Menurut Seksyen 31(1)(a) Akta Kanak-Kanak 2001, ibu bapa atau penjaga yang mengabaikan anak mereka atau bertindak secara cuai dengan cara yang mungkin akan menyebabkannya anak mereka mengalami kecederaan fizikal atau yang membenarkan anak mereka terabai, boleh, sekiranya disabitkan kesalahan, didenda tidak melebihi lima puluh ribu ringgit atau dipenjarakan selama tempoh tidak melebihi dua puluh tahun, atau kedua-duanya.

Tambahan pula, di bawah Seksyen 39(5) Akta Pengangkutan Jalan 1987, ibu bapa atau penjaga yang menyebabkan atau membenarkan anak mereka yang berusia di bawah 16 tahun memandu, suatu kenderaan motor, sekiranya didapati bersalah, boleh dikenakan denda tidak melebihi dua ribu ringgit atau penjara selama tempoh tidak melebihi enam bulan, atau kedua-duanya.

Berdasarkan statistik daripada Jabatan Siasatan dan Penguatkuasaan Trafik Bukit Aman, jumlah kemalangan maut dan kecederaan di jalan raya dalam kalangan kanak-kanak yang menjadi mangsa kemalangan motosikal meningkat pada tahun 2023 berbanding 2022, khususnya pada julat umur kanak-kanak di antara 6 hingga 10 tahun, dengan kes meningkat daripada 97 kepada 111. Kementerian Pengangkutan Malaysia (MOT) dan Jabatan Pengangkutan Jalan (JPJ) dilaporkan sedang mendraf satu undang-undang baru berkaitan pembelian motosikal oleh penunggang tidak berlesen. Oleh itu, CC menyeru supaya draf undang-undang tersebut disiapkan dengan segera untuk pembentangan di Dewan Rakyat.

Pada 2019, Polis Diraja Malaysia (PDRM) telah menyarankan pelaksanaan satu kategori lesen baru yang dirujuk sebagai ‘B3’ kepada MOT dan JPJ, yang mana akan mengehadkan individu berusia 16 hingga 20 tahun untuk hanya menggunakan motosikal elektrik dan motosikal ‘moped’ berkuasa rendah tidak melebihi 70cc. Saranan tersebut telah dipertimbangkan, dan pada 2021, Institut Penyelidikan Keselamatan Jalan Raya Malaysia (MIROS) telah menyokong suatu cadangan untuk mengkaji idea tersebut. Walau bagaimanapun, status penyelidikan tersebut masih tidak diketahui hingga kini. Justeru, CC menggesa MIROS supaya memaklumkan dengan jelas berhubung perkembangan kajian tersebut.

CC dengan tegas mengulangi pendirian beliau bahawa ibu bapa dan penjaga yang cuai hendaklah dipertanggungjawabkan atas kegagalan mereka dalam memenuhi peranan mereka sebagai penjaga kanak-kanak. Kematian kanak-kanak yang terbabit bukanlah hanya sekadar suatu kemalangan atau takdir yang tersurat, kerana ia boleh dielakkan sekiranya ibu bapa dan penjaga melaksanakan pemantauan sewajarnya.

-TAMAT-

Dr Farah Nini Dusuki
Pesuruhjaya Kanak-Kana
k
Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM)
17 Ogos 2024

Template PS 2024

Press Statement No. 18-2024_SUHAKAM Calls for Greater Transparency in Assault Case Involving Police Escort

KUALA LUMPUR (16 AUGUST 2024) – The Human Rights Commission of Malaysia (SUHAKAM) acknowledges the recent disciplinary action taken by the police against its officer alleged of having assaulted a disabled e-hailing driver in May 2024. Whilst SUHAKAM welcomes the Inspector-General of Police, Tan Sri Razarudin Husain’s announcement that disciplinary action had been taken, nevertheless, we note with concern by the fact the announcement is lacking in particulars and thus we are left in the dark as to what type of punitive action (for example, dismissal, suspension or fine), if any, was taken against the said officer by way of the said ‘disciplinary action’. Or, whether the disciplinary action is still ongoing, and if so when is the disciplinary proceedings to be concluded.

As duty bearers entrusted with the protection of the public, police officers have a profound responsibility to uphold and to protect the rights of all individuals, including persons with disabilities. SUHAKAM reaffirms that any abuse of power by law enforcement officers is unacceptable and stands in direct violation of the principles of justice enshrined in our legal framework and international human rights standards.

The Federal Constitution under Article 8 guarantees equality before the law and equal protection of the law, a principle that must be upheld by all public authorities, including the police and the Attorney General’s Chambers (AGC). SUHAKAM urges the AGC, as the guardian of public conscience and the body responsible for criminal prosecution, to expedite the criminal proceedings in this case. A straightforward case of assault under section 323 of the Penal Code. The delay in addressing this serious incident undermines public confidence in the institutions responsible for upholding the Rule of Law and delivering justice.

In line with the United Nations Convention on the Rights of Persons with Disabilities (entered into force on 2008) (CRPD), to which Malaysia is a party, it is imperative that justice is not only done but is seen to be done, particularly for individuals with special needs. Article 16 of the CRPD calls for the protection of persons with disabilities from all forms of exploitation, violence, and abuse, while Article 13 emphasizes the right to access justice.

In furtherance to the above Convention, at the domestic level our Parliament passed the Persons with Disabilities Act 2008 (Act 685).

SUHAKAM stresses the importance of the principle of transparency and accountability in the handling of this case to ensure that the victim is accorded proper redress and justice that he rightfully deserves in a prompt manner. Justice delayed is justice denied. Furthermore, the public has a right to be informed of the progress of this case, and SUHAKAM calls on the AGC to provide promptly regular updates on the actions being taken.

This incident underscores the urgent need for appropriate training for law enforcement personnel, as mandated by Article 13(2) of the CRPD, to ensure that persons with disabilities are effectively protected from violence and abuse and have unimpeded access to justice.

In addition, article 20 of the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (adopted by the United Nations during the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in 1990), emphasises special attention to the issues of police ethics and human rights in the training of law enforcement officials.

By taking prompt and transparent actions, the police and the AGC can assuage public concern that abuse of power will not be tolerated, and that the rights and dignity of all individuals, particularly those with special needs, will be respected and protected.

-END-

The Human Rights Commission of Malaysia (SUHAKAM)
Date: 16 August 2024