Monthly Archives: Oktober 2024

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

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

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

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

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

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

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

-TAMAT-

Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM)
Date: 22 October 2024

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.

-TAMAT-

Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM)
Date: 21 October 2024

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.

-TAMAT-

Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM)
Date: 15 October 2024

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.

-TAMAT-

Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM)
Date: 11 October 2024