Posts in category: Uncategorized

KUALA LUMPUR (20 OCTOBER 2026) – On 15 October 2026, the Human Rights Commission of Malaysia (SUHAKAM), represented by Commissioner Puan Melissa Mohd Akhir briefed the Parliamentary Select Committee on Women, Children and Community Development (PSC) and the Government agencies on the human rights and gender equality position on femicide in the Meeting No. 26 of 2026 of the Fifteenth PSC, chaired by YB Puan Yeo Bee Yin, Member of Parliament for Puchong. Following this engagement, SUHAKAM reiterates its grave concern over gender-based violence against women and girls, particularly its most extreme manifestation, femicide, or the gender-related killing of women and girls. Such violence extends beyond individual acts of criminal conduct and reflects broader patterns of discrimination, gender inequality and shortcomings in preventing and addressing violence against women and girls.

Gender-based violence affects women and girls throughout their lives, from childhood to old age, and takes various forms, including physical, sexual, psychological and economic violence, as well as acts or omissions that may result in death. Femicide may occur within intimate relationships, families or other circumstances involving gender-based hostility, coercion, control or discrimination. These killings constitute grave violations of the rights to life, dignity and equality. Recognising their gender-related nature is essential to understanding the underlying causes, identifying risks and strengthening prevention, protection and accountability measures.

Article 8(2) of the Federal Constitution prohibits discrimination on the ground of gender within its specified scope. Malaysia’s obligations under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), particularly Article 2, further require the Government to pursue, by all appropriate means and without delay, a policy of eliminating discrimination against women. As elaborated in the CEDAW Committee’s General Recommendation No. 35, these obligations extend to addressing gender-based violence through effective legislative, institutional, preventive and protective measures.

SUHAKAM stresses that preventing femicide requires action before violence escalates into the loss of life. The Government must strengthen mechanisms to identify early warning signs, ensure timely intervention, protect women and girls at risk, and hold perpetrators accountable. This requires effective coordination among law enforcement agencies, the judiciary, healthcare and social welfare services, educational institutions, local authorities and civil society organisations.

In this regard, SUHAKAM calls on the Government to undertake the following measures:

i. Recognise femicide within Malaysia’s legal framework.

The Government should review existing laws and policies to recognise femicide as a distinct form of gender-based violence, with appropriate legal provisions and accountability mechanisms. Reforms should be guided by criminological research, behavioural science, patterns of gender-related violence and comparative legal practices, while ensuring effective remedies and access to justice for victims’ families.

ii. Develop safer and more inclusive cities and communities for women and girls.

The Government, together with state and local authorities, should strengthen women-friendly urban and rural planning through better street lighting, safer public transport, accessible reporting mechanisms and secure school environments. Women and girls, including women’s organisations and community groups, should be meaningfully involved in identifying risks and developing appropriate solutions.

iii. Address harmful gender stereotypes and the normalisation of violence against women.

Media organisations and digital platforms should strengthen self-regulatory mechanisms to prevent discriminatory portrayals, victim-blaming and content that normalises gender-based violence. Responsible reporting and public communication are essential to challenging harmful attitudes while respecting freedom of expression.

iv. Establish a coordinated national mechanism to prevent and monitor gender-based violence.

The Government should establish or designate a national body to coordinate, monitor and evaluate measures addressing femicide and gender-based violence across federal, state and local levels. This mechanism should strengthen disaggregated data collection, identify institutional gaps and ensure evidence-based policies aligned with international human rights standards.

v. Ensure adequate and sustained financial and institutional resources.

In line with Malaysia’s commitments under CEDAW, the Government must allocate sufficient resources to prevent gender-based violence, protect victims and survivors, ensure effective investigations and prosecutions, and provide remedies. Funding should also support shelters, psychosocial services, legal aid and women’s organisations, particularly those serving rural and underserved communities.

SUHAKAM emphasises that femicide is a preventable human rights violation requiring stronger laws, early intervention, accessible protection mechanisms and coordinated action. SUHAKAM urges the Government to adopt a comprehensive, evidence-based and adequately funded response that prioritises prevention, protection, justice and accountability. As we commemorate the International Day of the Girl Child this October, SUHAKAM reaffirms that every woman and girl has the right to live free from violence and fear, and that safeguarding this right is a shared responsibility of the Government and society.

-END-

Human Rights Commission of Malaysia (SUHAKAM)

20 October 2026

KUALA LUMPUR (19 OCTOBER 2026) – The Governing Board of the South East Asia National Human Rights Institutions Forum (SEANF) resolved on 1 October 2026 to disqualify the Myanmar National Human Rights Commission (MNHRC) from continued membership in SEANF, with effect from the same date. The resolution followed a formal review of MNHRC’s continued eligibility for membership, which commenced on 14 August 2026.

MNHRC was notified in writing on 1 September 2026 and afforded an opportunity to respond to the matters identified in the notice. It was also invited to the Governing Board meeting held on 1 October 2026 to consider the proposed resolution concerning its continued eligibility for membership. MNHRC responded through a letter dated 24 September 2026 and a press statement dated 26 September 2026, indicating that it rejected and disassociated itself from the review initiated by SEANF.

At its meeting on 1 October 2026, the Governing Board considered MNHRC’s responses and concluded that they did not satisfactorily address the matters identified in the written notice.

Accordingly, the Governing Board determined that MNHRC no longer satisfies the definition of a national human rights institution under amended Article 1 of the SEANF Rules of Procedure.[1] As such, the Board resolved to disqualify MNHRC from continued membership in SEANF.

MNHRC remains at liberty to reapply for SEANF membership once it can demonstrate discernible efforts towards compliance with the Paris Principles, as envisaged in Article 6, paragraph 3, of the SEANF Rules of Procedure.[2]

The resolution was adopted by consensus of the five participating Chairpersons, namely Chairperson of the Indonesia National Commission of Human Rights (Komnas HAM), Chairman of the Human Rights Commission of Malaysia (SUHAKAM), Chairperson of the Commission on Human Rights of the Philippines (CHRP), Chairperson of the National Human Rights Commission of Thailand (NHRCT) and Ombudsman for Human Rights and Justice Provedor de Direitos Humanos e Justiça (PDHJ), Timor-Leste. The resolution took effect on 1 October 2026.

Consequently, MNHRC is ineligible to assume the rotating SEANF Chairpersonship in 2027 and, with effect from 1 October 2026, can no longer participate in the 23rd Annual Conference of SEANF 2026 or other SEANF meetings.

SEANF emphasises that the resolution was made in a fair, transparent and evidence-based manner, consistent with the SEANF Rules of Procedure and informed by the Asia Pacific Forum of National Human Rights Institutions (APF) procedural best practices concerning proposed resolutions affecting a member’s standing.

As “A” status-accredited NHRIs, SEANF members have a collective responsibility to uphold the Forum’s credibility, integrity and accountability, and to promote and protect human rights across the region in accordance with the Paris Principles.

-END-

[1] Amended Article 1 of the SEANF Rules of Procedure states, “NHRI refers to an independent national institution that complies with the Paris Principles and holds a constitutional and/or legislative mandate to promote and protect human rights.”

[2] Article 6, paragraph 3, of the SEANF Rules of Procedure states, “The applicant must manifest discernible efforts in the direction of compliance with the Paris Principles”.

KUALA LUMPUR (15 OCTOBER 2026) – The Human Rights Commission of Malaysia (SUHAKAM) expresses serious concern over the arrest of human rights defenders Amir Hariri Abdul Hadi and Dobby Chew, associated with MANDIRI and HAYAT respectively, and the reported freezing of bank accounts and imposition of travel restrictions affecting them and their organisations. These developments raise serious questions concerning due process, the proportionality of enforcement measures and the protection of democratic space in Malaysia.

SUHAKAM notes that both individuals have since been released. Nevertheless, concerns remain over the restrictions imposed and their implications for fundamental rights. While SUHAKAM acknowledges the authorities’ responsibility to investigate suspected criminal offences, we wish to reiterate that investigative powers must be exercised in accordance with the rule of law, constitutional guarantees and the principles of necessity and proportionality. The presumption of innocence must be respected, and enforcement measures must not become instruments of intimidation or punishment before criminal liability has been established.

Political education, policy advocacy and criticism of government policies are legitimate activities in a functioning democracy. Civil society organisations and human rights defenders play an essential role in promoting public participation and holding institutions accountable. Such activities must not be criminalised or subjected to intimidation merely because they challenge government policies or decisions.

In this regard, SUHAKAM emphasises that the Anti-Money Laundering, Anti-Terrorism Financing, Anti-Restricted Activity Financing and Proceeds of Unlawful Activities Act 2001 (AMLA) must not be used to undermine legitimate civil society activities. Investigations under Section 4(1) must be supported by credible evidence and conducted in accordance with the law. The mere receipt of funding from a legitimate international foundation does not, in itself, constitute criminal wrongdoing. Furthermore, the exercise of powers to freeze bank accounts under Section 44(1) must be justified, proportionate and subject to appropriate safeguards, particularly where no criminal charges have been brought.

SUHAKAM recalls Article 13 of the United Nations Declaration on Human Rights Defenders, which recognises the right of individuals and organisations to seek, receive and utilise resources for the peaceful promotion and protection of human rights. This principle is consistent with the fundamental freedoms of expression and association protected under Article 10 of the Federal Constitution, while Article 13 of the Constitution safeguards against deprivation of property except in accordance with law. Financial restrictions must therefore be exercised within the law and subject to appropriate safeguards, and must not be used to undermine legitimate human rights activities or impose undue hardship before criminal liability has been established.

Malaysia’s participation in the United Nations Human Rights Council and its engagement in international human rights cooperation should be reflected in its domestic commitment to protecting civic space. SUHAKAM therefore calls on the authorities to immediately review the bank-account freezes and travel restrictions, provide clear legal justifications and ensure access to funds for essential living expenses and legitimate organisational operations. Any restrictions that cannot be adequately justified under the law should be lifted without delay.

The rule of law must safeguard both the integrity of criminal investigations and the fundamental freedoms of those under investigation. Human rights defenders and civil society organisations must be able to carry out their legitimate work without intimidation, undue interference or misuse of enforcement powers.

-END-

Human Rights Commission of Malaysia (SUHAKAM)

15 October 2026

KUALA LUMPUR (9 OCTOBER 2026) – The Human Rights Commission of Malaysia (SUHAKAM) emphasises that Budget 2027 must go beyond economic growth and fiscal priorities to address the everyday needs, rights and well-being of people across Malaysia. A national budget is more than a financial plan. It reflects the Government’s commitment to ensuring that development benefits everyone, particularly those most vulnerable to economic and social inequalities.

Every parent should be able to send their child to school knowing that the child will be safe. Every worker, including gig workers, should be able to earn a decent living without exploitation and with adequate social protection. Farmers and small-scale food producers should be supported in sustaining their livelihoods while ensuring access to affordable, safe and nutritious food. These are everyday human rights concerns that should guide public spending towards greater equality, fairness and accountability.

SUHAKAM recognises the Government’s responsibility to balance competing fiscal priorities. However, insufficient investment in essential services and preventive measures can deepen inequalities and place greater pressure on public institutions. Budget 2027 should therefore prioritise access to quality healthcare, education, affordable housing and social protection, particularly for low-income households, persons with disabilities, older persons, women, children and rural communities. In line with Malaysia’s commitments under the Convention on the Rights of Persons with Disabilities (CRPD) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), SUHAKAM calls for disability-inclusive and gender-responsive budgeting to ensure that public resources address existing inequalities, remove barriers to essential services and promote equal opportunities for women, girls and persons with disabilities.

The safety and well-being of children must remain a national priority. Through its Office of the Children’s Commissioner (OCC), SUHAKAM has repeatedly raised concerns about bullying, violence and inadequate safeguards in schools. These concerns demonstrate the need for sustained investment in school safety, effective reporting mechanisms, psychosocial support and institutional accountability to ensure that every child can learn in a safe and supportive environment.

Economic development must also protect workers’ rights and sustainable livelihoods. Particular attention should be given to gig workers and those in informal employment who face income insecurity, limited social protection and occupational risks. Equally important is supporting farmers, smallholders, fishers and rural communities facing rising costs, environmental degradation and climate-related challenges. Budget 2027 should strengthen food security, sustainable agriculture and responsible management of natural resources, while safeguarding the environment and the rights of affected communities, including Indigenous Peoples.

Strong and independent institutions are essential to ensuring that national policies translate into meaningful improvements in people’s lives. As Malaysia’s national human rights institution, SUHAKAM plays a vital role in advising the Government, examining complaints, conducting inquiries and monitoring, promoting human rights awareness and recommending institutional reforms. However, SUHAKAM continues to face serious financial constraints, with nearly 90 per cent of its annual budget committed to emoluments and essential operating expenditure, leaving limited resources for programmes and activities. These constraints have restricted the Commission’s ability to expand investigations, monitoring and human rights education, while plans to establish regional offices to improve public access to its services remain unrealised. This is particularly concerning as SUHAKAM’s responsibilities continue to expand, including through the strengthened mandate of the OCC.

SUHAKAM emphasises that Section 19(1) of the Human Rights Commission of Malaysia Act 1999 [Act 597] imposes a clear legal obligation on the Government to provide adequate annual funding to enable the Commission to discharge its functions effectively. This is not a matter of discretion or goodwill, but a statutory responsibility that must be fulfilled. The Paris Principles further reinforce the importance of adequate financial resources in safeguarding the independence and effectiveness of national human rights institutions. SUHAKAM therefore urges the Government to fulfil this obligation through Budget 2027 and ensure that financial constraints do not continue to limit the Commission’s ability to carry out its mandate. Investing in SUHAKAM is an investment in the protection of human rights, stronger public institutions, accountability and Malaysia’s international credibility.

SUHAKAM calls on the Government to ensure that Budget 2027 reflects a genuine commitment to human rights-based development. Ultimately, its success should be measured not only by economic indicators, but also by how effectively public resources reduce inequalities, protect livelihoods, improve quality of life and reach those who need them most.

-END-

Human Rights Commission of Malaysia (SUHAKAM)

9 October 2026

KUALA LUMPUR (6 OCTOBER 2026) – The Children’s Commissioners (CC), Human Rights Commission of Malaysia (SUHAKAM), express its deepest condolences and heartfelt sympathies to the family of young Irene Sofiya following her tragic passing in Batu Pahat, Johor. The loss of a young life is a devastating tragedy, and our thoughts and prayers are with her bereaved family and loved ones during this painful time.

The CC urge members of the public, media organisations, and social media users to grant the family privacy, dignity, and space necessary to grieve. We strongly appeal to all parties to exercise restraint and refrain from publishing intrusive media reports, sharing distressing images, or circulating unverified claims.

Respect for Ongoing Criminal Investigations

The CC acknowledge the swift response of the Royal Malaysia Police (PDRM) in initiating a comprehensive investigation into the incident. The CC strictly refrain from prejudging the circumstances, motives, or specific factors surrounding this tragedy, including unverified reports regarding potential bullying and urges the public to avoid speculation, premature online accusations, or “trial by media.”

Where children may be involved in any capacity whether as witnesses, affected peers, or individuals under investigation, the preservation of procedural fairness and due process is paramount. In alignment with the Convention on the Rights of the Child (CRC) and the Child Act 2001 [Act 611], the rights, privacy, dignity, and presumption of innocence of all children must be strictly safeguarded. Protecting the legal rights and confidentiality of children under investigation in no way diminishes the severity of the loss, nor does it preclude accountability in accordance with the law.

Distinguishing Criminal Justice from Institutional Safeguarding

While Royal Malaysian Police’s ongoing criminal investigation must establish the facts and determine criminal responsibility, the CC highlight the critical need to address broader institutional safeguarding in educational environments.

The CC emphasize that a criminal investigation by law enforcement and an institutional safeguarding review by the Ministry of Education Malaysia (MOE) are two distinct but complementary processes:

1. The RMP Investigation: Focuses on establishing facts, collecting evidence, and identifying criminal culpability under the relevant statutes.
2. The MOE Safeguarding Review: Examines administrative frameworks, supervision protocols, risk management strategies, and physical safety measures to identify systemic gaps and prevent future tragedies.

Raising these broader systemic questions is essential for preventive risk management and does not imply or constitute a finding of institutional failure in this specific case.

Strengthening School Safeguarding, Student Accountability, and After-School Protocols

Every child has an inherent right to an education in a safe, secure, and protective environment. School safety must extend beyond basic disciplinary rules to encompass a proactive, child-centred safeguarding culture.

To enhance child protection frameworks across all schools, the CC recommend that MOE consider the following concrete measures:

• Robust Student Accountability Frameworks: Moving beyond standard morning attendance-taking to establish robust check-out and handover procedures. Schools must maintain clear oversight of student presence during extra classes, co-curricular sessions, sports training, and late afternoon activities.
• Standardised Missing Student Escalation Protocols: Developing clear, time-sensitive escalation guidelines that define immediate search parameters, designate staff coordination roles, specify parental and administrative notification timelines, and set out clear thresholds for escalating matters to RMP.
• Targeted After-School Risk Assessments: Conducting comprehensive risk evaluations specifically tailored to activities taking place outside regular school hours, taking into account lower staffing levels, movement across school grounds, and isolated or under-supervised areas.
• Systemic Safeguarding Audits: Executing nationwide school safeguarding audits—moving beyond conventional security checks—to evaluate student movement, reporting mechanisms, physical facility blind spots, and overall staff safeguarding awareness.
• Immediate Nationwide Familiarisation with Child Protection Policies: Implement immediate, nationwide familiarisation programmes across all schools to ensure that students understand the school’s child protection policy, their rights to safety and protection, how to recognise and report bullying, abuse, harassment, and other safeguarding concerns, and where to seek help.

Trauma-Informed Support and Child Participation

The psychological impact of a tragedy of this nature on classmates, friends, and the broader school community requires immediate and compassionate attention. The CC call upon MOE and relevant state agencies to deploy trauma-informed psychosocial support services to assist affected children and educators. Any interaction with child witnesses must prioritize emotional safety, avoid unnecessary repeated questioning, and be conducted using child-sensitive approaches.

Furthermore, children should be recognized as active partners in their own safety. Reporting channels within schools must be rendered accessible, trusted, confidential, and child-friendly, ensuring that students know where to turn when they feel unsafe or notice warning signs in their peers.

As the International Day of the Girl Child is observed annually on 11 October, this tragedy is a painful reminder that our commitment to girls’ rights must extend beyond words and observances to real and meaningful change. Every girl has the right to learn, grow and pursue her future in safety and with dignity. Honouring girls’ rights means building a society where no girl loses her life simply because she went to school, and where every school is a place in which children are protected from harm.

This heartbreaking incident must serve as a catalyst for meaningful, sustained, and nationwide institutional reform. Protecting our children requires unwavering commitment, clear lines of accountability, and proactive safeguarding frameworks across every learning environment in Malaysia. The CC remain steadfast in its mandate to advocate for the rights, protection, and best interests of all children, and stand ready to collaborate with MOE, RMP, and civil society to strengthen child protection mechanisms across the nation.

-END-

CHILDREN’S COMMISSIONERS
HUMAN RIGHTS COMMISSION OF MALAYSIA (SUHAKAM)
6 OCTOBER 2026

KUALA LUMPUR (24 SEPTEMBER 2026) – Children’s Commissioners (CC) of the Human Rights Commission of Malaysia (SUHAKAM) commend the Royal Malaysia Police (PDRM) and the Malaysian Communications and Multimedia Commission (MCMC) for the successful implementation of Ops Pedo3.0, and for their continued efforts to combat child sexual abuse material (CSAM) and online sexual exploitation of children. CC note the reported arrest of 53 individuals, including eight children, the youngest reportedly aged 13, following nationwide operations conducted from 14 to 16 September 2026.

CSAM must be treated with the utmost seriousness. It is not merely illicit or harmful digital content; it is evidence of the sexual abuse and exploitation of children. The production, possession, distribution, sharing, sale and other forms of dissemination of CSAM must be addressed firmly. Equally important are efforts to identify and protect children depicted in such material, stop its further circulation, remove harmful content and prevent further victimisation. Malaysian law expressly criminalises, among other conduct, the production, distribution and possession or control of CSAM under the Sexual Offences Against Children Act 2017 (Act 792).

At the same time, particular caution is required when the person arrested in connection with CSAM-related conduct is a child. A child found in possession of, sharing or allegedly selling CSAM should not automatically be viewed or treated in the same manner as an adult perpetrator. The circumstances of each child must be carefully and individually assessed, including their age, level of understanding, vulnerability, role in the alleged conduct and the circumstances in which they came into possession of or became involved with the material.

A child involved in CSAM-related conduct may, in some circumstances, have been subjected to grooming, peer pressure, threats, coercion, blackmail or sextortion, manipulation, economic exploitation or other forms of online abuse. This does not mean that every child involved is necessarily a victim. Rather, the possibility that a child may have been exploited or coerced must be properly investigated. This is particularly important in light of the legal recognition of child grooming and related sexual offences under Act 792.

CC emphasise that the child justice response should therefore not begin primarily from a punitive perspective. Where a child is suspected of involvement in CSAM-related conduct, the response should include an individual protection and risk assessment, safeguarding measures, investigation into possible grooming or exploitation, psychosocial support and counselling, digital safety education, rehabilitation, family and social support, and diversion where legally appropriate. Such an approach is consistent with the CRC principles concerning the best interests of the child, protection from violence and sexual exploitation, and the reintegration of children in conflict with the law.

A child-sensitive approach, however, does not mean that authorities should ignore unlawful conduct or allow CSAM to continue circulating. Law enforcement must continue to take appropriate action to stop further dissemination, protect and identify child victims, secure and examine relevant digital evidence, identify online networks and facilitators, and investigate any adults who may have groomed, coerced, exploited or profited from children. The distinction is that the role and circumstances of a child must be assessed separately from those of adult perpetrators and exploiters.

CC are also concerned that an overly punitive response towards children may create a risk of further victimisation and under-reporting. A child who has been exploited or coerced may become fearful of approaching authorities or seeking assistance if they believe that disclosure could result primarily in their own criminalisation. This is a risk that should be carefully considered when determining the appropriate response, particularly where there are indications of grooming, coercion or exploitation.

Where a child is found to have participated in the possession, sharing or distribution of CSAM, the response should therefore be child-sensitive, proportionate, rehabilitative and consistent with the principles of child justice. Diversion should be considered where legally appropriate and where it serves the child’s best interests, public protection and the prevention of reoffending. Where deprivation of liberty is contemplated, international child-rights standards require that it be used only as a measure of last resort and for the shortest appropriate period.

CC call upon all relevant authorities to ensure that investigations involving children are conducted with due regard to child protection and child justice principles, while ensuring that adult perpetrators, exploiters and networks facilitating the sexual exploitation of children are fully investigated and held accountable in accordance with the law.

Protecting children from sexual exploitation requires more than enforcement alone. It requires prevention, early intervention, effective digital safety measures, protection and support for victims, rehabilitation of children in conflict with the law, and a justice system that recognises every child as a rights-holder.

END

Children’s Commissioners (CC)
Human Rights Commission of Malaysia (SUHAKAM)

24 September 2026

KUALA LUMPUR (17 SEPTEMBER 2026) – For more than three decades, transboundary haze has remained a persistent environmental and public health challenge in Southeast Asia, repeatedly exposing communities to harmful levels of air pollution and threatening their health, safety and well-being. The Human Rights Commission of Malaysia (SUHAKAM) expresses grave concern over the worsening haze situation affecting Malaysia, particularly in Sarawak, where several areas have recorded hazardous air quality levels. The current episode has caused severe air pollution in affected communities, necessitating emergency measures, including the closure of schools.

SUHAKAM reiterates that access to clean air is fundamentally a human rights issue. Haze pollution directly threatens the enjoyment of a range of human rights, including the rights to life, health, education, information, safe and healthy working conditions, and a clean, healthy and sustainable environment. The current situation is a stark reminder that transboundary haze is largely a human-induced problem. Its underlying causes include unsustainable land-use practices, peatland degradation, agricultural expansion, land and forest fires, and inadequate accountability and environmental governance mechanisms. While weather conditions may intensify haze episodes, they should not obscure the need to address these underlying and preventable causes.

SUHAKAM is particularly concerned about the public health consequences of prolonged exposure to haze pollutants, especially fine particulate matter (PM2.5), which is associated with respiratory and cardiovascular illnesses, increased hospital admissions and premature mortality. Previous severe haze episodes have also resulted in school closures, disruption to livelihoods, loss of economic productivity and significant healthcare costs.

While environmental degradation affects everyone, its impacts are not experienced equally. Children, pregnant women, older persons, persons with disabilities and individuals with existing health vulnerabilities may face greater health risks. Outdoor workers and lower-income communities may also have fewer options to reduce their exposure, particularly where their livelihoods require them to remain outdoors or where access to adequate protection, healthcare and information is limited.

The right to a clean, healthy and sustainable environment is one of the key areas of SUHAKAM’s work. In 2025, SUHAKAM launched its report, Silent Enemy: Haze Pollution and the Right to Clean Air, which examined the causes and human rights impacts of haze pollution and identified gaps in Malaysia’s legal and institutional framework for environmental governance. This year, SUHAKAM further advanced the discussion through its Forum on Human Rights, Business and Climate Justice 2026, highlighting the responsibilities of both States and businesses in addressing environmental harm and protecting human rights.

In light of the current situation, SUHAKAM reiterates its calls and urges the Government of Malaysia to:

1. Uphold its duty to protect the right to life and other fundamental rights under the Federal Constitution, while advancing Malaysia’s commitments under the Sustainable Development Goals and the 2025 ASEAN Declaration on the Right to a Safe, Clean, Healthy and Sustainable Environment.
2. Strengthen access to environmental justice by reviewing and amending the Rules of Court 2012 to facilitate locus standi in environmental proceedings, ensuring that affected individuals, communities and legitimate public-interest litigants are not unduly prevented by procedural barriers from seeking judicial protection and effective remedies for environmental harm.Expedite the Clean Air Act that establishes legally enforceable ambient air quality standards and recognises the protection of public health and environmental rights as central objectives. 
3. Strengthen regional cooperation through ASEAN mechanisms, including the ASEAN Agreement on Transboundary Haze Pollution (AATHP), to address the root causes of transboundary haze and enhance transparency, information-sharing, hotspot monitoring, prevention, enforcement and accountability.
4. Fully implement the National Action Plan on Business and Human Rights (NAPBHR), including measures to strengthen corporate accountability and responsible business conduct in relation to environmental and human rights impacts.
5. Accelerate the implementation of the Sustainable Development Goals, particularly those relating to health, sustainable communities, climate action and environmental protection, through stronger institutional coordination and meaningful stakeholder participation.

The recurring haze crisis demonstrates that the right to clean air cannot be protected through reactive measures alone. A coordinated, rights-based, whole-of-government and whole-of-society approach is urgently needed to address the structural causes of haze pollution and ensure that public health, environmental sustainability and human dignity are not sacrificed for short-term economic interests. SUHAKAM stands ready to work with government agencies, civil society organisations, affected communities, businesses and other stakeholders to advance meaningful and lasting solutions to this recurring crisis.

Ultimately, the air we breathe and the environment we depend upon know no boundaries of gender, race, religion, nationality, legal status or socioeconomic background. Environmental harm in one place can have consequences far beyond its source. This shared vulnerability demands shared responsibility. We must therefore act collectively and without delay to protect the right to a clean, healthy and sustainable environment, not only for those affected today, but for our children, grandchildren and generations to come.

Silent Enemy: Haze Pollution and the Right to Clean Air can be accessed via the QR below:

KUALA LUMPUR (11 SEPTEMBER 2026) – The Human Rights Commission of Malaysia (SUHAKAM) welcomes the Federal Court’s decision in favour of seven Orang Asli villagers from Kampung Batu 20, Pekan, Pahang, concerning the destruction of their ancestral graves during development activities.

The unanimous decision reinstated the High Court’s ruling in favour of the villagers, including the award of RM20,000 in general damages to each of the seven plaintiffs. Significantly, the Federal Court affirmed that Orang Asli communities possess communal and proprietary rights over customary lands on which they have traditionally lived, foraged, farmed and fished, notwithstanding the absence of formal land titles.

SUHAKAM particularly welcomes the Court’s recognition that Orang Asli customary rights extend beyond the physical occupation or economic use of land to encompass their cultural and spiritual relationship with their ancestors and traditional territories, including access to ancestral burial grounds. The Court’s finding that the desecration of ancestral graves strikes at the core of Orang Asli dignity affirms the deep connection between land, culture, spirituality and identity. The judgment further reinforces that the issuance of land titles or development rights to third parties does not, by itself, extinguish pre-existing customary rights.

This decision underscores the need to protect customary rights before development takes place, rather than leaving affected communities to seek redress only after harm has occurred. SUHAKAM reiterates that Government authorities, State agencies and businesses have a responsibility to identify and respect customary land rights before land is alienated or development projects are approved or commenced. This requires meaningful engagement with affected communities and respect for the principle of free, prior and informed consent (FPIC), particularly where development may affect customary lands, burial grounds, sacred sites, livelihoods or cultural heritage.

The decision is also consistent with the principles of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which Malaysia supported. UNDRIP recognises Indigenous Peoples’ rights to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied lands and territories, and to practise and revitalise their cultural traditions and customs.

SUHAKAM therefore calls on the Federal and State Governments to strengthen the legal and administrative recognition and protection of Orang Asli customary land rights. Clear safeguards are needed to ensure that customary territories, burial grounds and culturally significant sites are properly identified and protected before land is alienated, leased or approved for development. Businesses operating on or near customary territories must likewise undertake effective human rights due diligence to prevent adverse impacts on the rights, dignity, culture and heritage of Orang Asli communities and ensure access to effective remedies where harm occurs.

This judgment is an important reminder that development cannot be pursued at the expense of human dignity, cultural identity and the rights of Indigenous Peoples. Protecting Orang Asli customary lands is not merely a matter of land administration, but one of equality, dignity, cultural survival and justice.

-END-

Human Rights Commission of Malaysia (SUHAKAM)

11 September 2026

KUALA LUMPUR (9 SEPTEMBER 2026) – The Human Rights Commission of Malaysia (SUHAKAM) commemorates SUHAKAM Day today, marking a historic 27 years since the Human Rights Commission of Malaysia Act 1999 [Act 597] was gazetted on 9 September 1999.

The establishment of SUHAKAM as Malaysia’s National Human Rights Institution (NHRI) represented an important national commitment to the promotion and protection of human rights. Since its establishment and guided by its “Human Rights for All” slogan, SUHAKAM has served as an independent institution that advises and assists the Government in the formulation of legislation, administrative directives and procedures; recommends necessary measures; investigates complaints of human rights violations; conducts inquiries; promotes human rights education; and engages with communities and stakeholders across Malaysia.

As a result of its continued commitment and collaborative efforts with stakeholders, SUHAKAM was re-accredited with ‘A’ status by the Sub-Committee on Accreditation of the Global Alliance of National Human Rights Institutions (GANHRI-SCA) in June 2026. This re-accreditation reflects international recognition of SUHAKAM’s continued compliance with the Paris Principles, which establish the standards for the independence, effectiveness, pluralism, and mandate of NHRIs. As an ‘A’ status NHRI, SUHAKAM is entitled to participate fully in international human rights mechanisms, including sessions of the United Nations Human Rights Council, the Universal Periodic Review (UPR) and treaty body processes.

SUHAKAM’s institutional mandate was further strengthened through amendments to Act 597, which came into force on 10 July 2024. Among other changes, the amendments enhanced the functions of the Commission and the Office of the Children’s Commissioner; provided for the appointment of a Chief Children’s Commissioner and two Children’s Commissioners; strengthened SUHAKAM’s investigative powers; and expanded its authority to visit places of detention, institutions and other relevant premises. The amendments also require authorities and relevant persons to inform SUHAKAM of actions taken in response to its recommendations.

The inclusion of representation of persons with disabilities and a requirement for at least 30 percent women in the composition of the Commission represent further important advancements towards ensuring that SUHAKAM reflects the diversity and lived experiences of the communities it serves. These measures reinforce the principles of participation, inclusion and equality embodied in the Convention on the Rights of Persons with Disabilities (CRPD) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

Throughout its 27-year journey, SUHAKAM has brought critical human rights concerns to national attention through complaints handling, research, public inquiries, monitoring, policy recommendations and sustained engagement with the Government, Parliament, civil society and affected communities. Its work has addressed a wide range of human rights issues, including deaths and conditions in custody, enforced disappearances, Indigenous Peoples’ land rights, freedom of expression and peaceful assembly, discrimination, trafficking in persons, business and human rights, statelessness, and the rights of children, women, persons with disabilities, refugees, older persons and other vulnerable communities.

SUHAKAM also welcomes the progress made in the tabling and debate of its Annual Reports in Parliament. Parliamentary consideration of these reports strengthens public accountability and provides an important platform for human rights concerns and SUHAKAM’s recommendations to be examined at the national level. While these developments represent meaningful progress, the effectiveness of an NHRI must ultimately be measured not only by the reports it produces or the recommendations it makes, but by the extent to which those recommendations lead to tangible improvements in laws, policies, institutions and, most importantly, the lived realities of the people whose rights are intended to be protected.

In an era marked by geopolitical tensions, climate change, rapid technological developments and increasing socioeconomic pressures, SUHAKAM emphasises that human rights must remain at the centre of national policymaking and governance. Now more than ever, there is a need to reaffirm and strengthen human rights principles to ensure that development is inclusive, equitable and leaves no one behind. In this regard, SUHAKAM reiterates the importance of further strengthening its functional and operational independence, ensuring adequate and sustainable resources, enhancing transparency in the appointment process, facilitating effective and unannounced access to all places of deprivation of liberty, and establishing stronger mechanisms to ensure the timely implementation of its recommendations.

SUHAKAM Day symbolises SUHAKAM’s continued commitment to fulfilling its mandate with independence, integrity and accountability. SUHAKAM will continue to serve as a bridge between the people and the State, amplify the voices of marginalised communities, and advocate for a human rights-based approach to governance and development. Guided by the principle of “Human Rights for All”, SUHAKAM remains steadfast in its pursuit of a Malaysia where human dignity is respected, equality is upheld, justice is accessible to all, and the rights and freedoms of every person are protected and fulfilled.

-END-

Human Rights Commission of Malaysia (SUHAKAM)

9 September  2026