KUALA LUMPUR (10 JULY 2024) – The Human Rights Commission of Malaysia (SUHAKAM) is pleased to announce the appointment of Dato’ Seri Mohd Hishamudin Yunus as its new Chairman, effective 3 July 2024. His appointment was approved by Yang di-Pertuan Agong Sultan Ibrahim Sultan Iskandar under the Human Rights Commission of Malaysia Act 1999 [Act 597].

Dato’ Seri Mohd Hishamudin has an extensive and distinguished career in the Malaysian Judicial and Legal Service, beginning as a magistrate in Kuala Lumpur in 1973. He has held several key positions, including President of the Sessions Court, Deputy Public Prosecutor, State Legal Advisor for Selangor, Deputy Parliamentary Draftsman, and Chief Registrar of the Supreme Court.

In 1984, he was admitted as an Advocate and Solicitor of the Malaysian Bar. Eight years later, in 1992, he was appointed as a Judicial Commissioner, subsequently becoming a High Court Judge in 1994 and later a Judge of the Court of Appeal in 2009, where he served until his retirement in September 2015. Notably, he was appointed by the International Bar Association Human Rights Institute (IBAHRI) to lead a fact-finding mission to South Africa, investigating the impact of a proposed constitutional amendment on judicial independence.

On 21 November 2016, Dato’ Seri Mohd Hishamudin was appointed by the government as Chairman of the Independent Committee of Inquiry into the fire tragedy at Hospital Sultanah Aminah, Johor Bahru. On 4 September 2018, he was appointed as a member of the Judicial Appointments Commission (JAC), and the following day, he became Chairman of the Competition Commission of Malaysia (MyCC). Additionally, he chaired the Independent Committee on the Management of Foreign Labour for the Ministry of Human Resources, tackling issues related to foreign workers.

With his vast experience in human rights, judiciary matters, and various independent inquiries and committees, Dato’ Seri Mohd Hishamudin’s leadership is expected to greatly benefit SUHAKAM. His guidance, knowledge, advice, and commitment are anticipated to further strengthen SUHAKAM as Malaysia’s National Human Rights Institution.

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Human Rights Commission of Malaysia (SUHAKAM)

10 July 2024

KUALA LUMPUR (5 JULY 2024) – The Human Rights Commission of Malaysia (SUHAKAM) welcomes the recent announcement on the establishment of the Gig Workers Commission. This initiative is a significant step forward in addressing the challenges faced by gig economy workers and ensuring their rights and welfare are protected.

SUHAKAM was made to understand that the establishment of this Commission would take into consideration of six matters including relevant legislation, a grievance mechanism, the structure and functions of the Commission, social protection, occupational safety and health, and integrated database for the registration of gig workers and platform providers. SUHAKAM hopes that this Commission will as act as a safeguard to protect the welfare of the workers and thus, enacting the right laws that comprehensively address industry challenges is crucial. This will also allow the formation of policies in dealing with matters related to social security of gig workers. In view of the above, SUHAKAM calls for the Commission to be provided with enforcement power for the protection of the gig workers.

Since 2021, SUHAKAM has been actively engaged in consultations with various stakeholders, including gig workers, particularly the e-hailing and p-hailing workers, companies and government agencies, to understand the pressing issues within the gig economy. These discussions have observed the following key concerns:

1. Lack of clear definitions and classifications for gig workers
2. Ambiguous legal status of gig workers leading to exploitation and lack of protection
3. Insufficient social protection measures, including healthcare and retirement benefits, SOCSO and insurance coverage
4. Absence of robust complaint mechanisms for gig workers to address grievances
5. Lack of collective agreement terms of employment, hindering the ability of gig workers to exercise work related rights, such as stability of employment, paid holiday and sick leave, maternity leave, annual leave, medical benefits, minimum wage, and the right to organise a union and collectively bargain
6. Income instability due to the nature of gig work
7. Lack of adequate floor and fair pay standards
8. Work-related stress and mental health issues, due to inconsistent demand, job security, long working hours, pressure to arrive on time, and the risk of work-related harm while driving.

SUHAKAM notes that policy development for the Gig Workers Commission is currently underway. In this regard, we acknowledge the collaborative efforts between Ministry of Human Resources (KESUMA) and University Malaya, who are conducting vital research to identify key areas that need to be addressed by the proposed Commission. SUHAKAM strongly supports this initiative and offers our expertise and resources to be part of the working group. Our participation will ensure that the human rights perspective is integrated into the development of policies and regulations for the gig economy, thereby promoting fair and equitable treatment for all gig workers.

In support of this progressive proposal, SUHAKAM stands ready to coordinate the consultation process for the establishment of the Commission as well as the formulation of relevant legislation and policies to ensure the gig workers’ rights and consumers’ interests are well balanced and protected. SUHAKAM strongly encourages continued inclusive dialogue and collaboration between the Government, industry stakeholders, gig workers’ associations, and civil society organizations to address the evolving needs of gig workers while upholding consumer rights and ensuring food safety. This inclusivity will ensure the diverse perspectives are considered, leading to more effective and comprehensive polices. Together, we can establish a fair, inclusive, and secure system that safeguards the rights, welfare, and interests of all players in the gig economy.

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Human Rights Commission of Malaysia (SUHAKAM)

5 July 2024

KUALA LUMPUR (4 JULY 2024) – SUHAKAM Annual Report and Financial Statement for the year 2021 and 2022 have been tabled and debated on June 27 and 1 and 2 July 2024 in Dewan Rakyat during the Second Meeting of the Third Session of the Fifteenth Parliament (2024). SUHAKAM wishes to convey our utmost appreciation to YB Dato’ Sri Azalina Othman Said, the Minister in the Prime Minister’s Department (Law and Institutional Reform) for her commitment and unwavering effort to strengthen the rule of law of which, under her leadership, SUHAKAM Act amendment has been passed and three Annual Reports (2020, 2021 and 2022) were successfully tabled and debated.

During the debate on the motion of the Annual Reports, a range of pertinent human rights issues were raised by 49 Members of Parliament (MP) among others, the delay on the appointment of SUHAKAM Chairman and the transparent procedure involving the Selection Committee for SUHAKAM Commissioners, racial discrimination, xenophobia, freedom of religion, prison reform, strengthening SUHAKAM and the Office of Children’s Commissioner (OCC) as accorded by the new SUHAKAM Act amendments , Orang Asli/Asal native customary land rights, citizenship, business and human rights as well as economic, cultural and social rights for vulnerable groups.

The debate has also witnessed responses from Ministries on a number of notable issues and the progress as follows:
i. Additional allocation to resolve water supply issues in Kelantan;
ii. Efforts to address issues involving Orang Asli/Asal;
iii. Prison reform which includes extension of the Custodial Health Unit (CHU);
iv. Economic and social protection for marginalised groups;
v. Awareness on mental health and right to access healthcare services;
vi. Cultivating unity towards the elimination of racial discrimination;
vii. Malaysian Media Council Bill to address various issues on media freedom;
viii. Strengthening legislation relating to Islamic religious affairs; and
ix. Government commitment to address humanitarian issues in Palestine.

Special gratitude to YB Tuan M. Kulasegaran A/L V. Murugeson, Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) for winding up the debate and his continuous efforts in bringing forward human rights agenda for the common good. SUHAKAM believes that political commitment is important, not only to table the Annual Report but to also debate the human rights issues as this will serve as a platform to share views and concerns over critical human rights issues and most importantly, for the respective Government agencies to intensify their efforts towards the implementation of the proposed recommendations. Addressing human rights issues is always about ensuring equality and accountability, a change that will benefit Malaysia.

SUHAKAM Annual Report 2021 and 2022 consist of six and seven chapters respectively, that provide the details of activities carried out for the year 2021 and 2022 which includes strengthening SUHAKAM’s role and leadership on empowering human rights, business and human rights, advancing the economic, social and cultural rights for vulnerable groups, awareness on children’s rights, addressing statelessness, prison reform, international coordination, law reform, elimination of racial discrimination, combating racism and xenophobia and many other pertinent human rights issues in Malaysia.

To read more about issues reported in SUHAKAM Annual Report and Financial Statement for 2021 and 2022, please visit our website at www.suhakam.org.my.

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Human Rights Commission of Malaysia (SUHAKAM)
4 July 2024

PRESS STATEMENT

KUALA LUMPUR (13 JUNE 2024) — SUHAKAM is deeply concerned about the dire humanitarian situation in Gaza, which has been described as “beyond catastrophic” by the United Nations High Commissioner for Human Rights, Volker Türk, during his recent visit to Malaysia. The United States (US) must move beyond rhetoric’s and ensure that Israel fully complies unconditionally with the recent United Nations Security Council (UNSC) Resolution 2735 (2024) on 10 June 2024.

The US must not only exercise its veto to derail their recognition but also stop providing arms which are being used to kill the women and children in Gaza. A ceasefire must be followed by a comprehensive reconstruction plan to restore Gaza and make it liveable again. The international community, in collaboration with local authorities, must prioritize rebuilding homes, hospitals, schools, and infrastructure. Ensuring access to basic necessities such as clean water, food, and medical care is paramount.

SUHAKAM call for the safe and voluntary return of displaced Palestinians to their homes. Displacement has caused immense hardship and disrupted countless lives. Efforts must be made to facilitate their return and reintegration into their communities, providing them with the support needed to rebuild their lives.

SUHAKAM also urges on all parties involved to immediately cease hostilities and engage in constructive dialogue to seek a peaceful resolution to the conflict. It is imperative that international humanitarian law is upheld and that all necessary measures are taken to protect the lives and rights of civilians. The ongoing conflict has resulted in severe human suffering, widespread destruction, and an urgent need for international intervention.

The escalating violence has led to a significant loss of lives, including many innocent civilians, and has exacerbated an already critical humanitarian crisis. The destruction of homes, hospitals, schools, and infrastructure has left countless individuals and families without access to basic necessities such as food, clean water, and medical care.

The ongoing occupation and discriminatory policies must end. An apartheid regime violates fundamental human rights and perpetuates inequality and injustice. The international community must take decisive action to dismantle these oppressive structures and ensure equal rights for all.

SUHAKAM fully supports Volker Türk’s call for accountability and the end of impunity in Gaza and the West Bank. We urge all parties involved to respect international humanitarian law and prioritize the protection of civilian lives. The humanitarian crisis in Gaza and the deteriorating situation in the West Bank demand immediate and coordinated action from the global community.

We urge the Malaysian government to continue its efforts in providing humanitarian assistance to the people of Gaza and to work closely with international organizations and other nations to ensure the delivery of aid and support to those in need. Additionally, SUHAKAM encourages the global community to increase their efforts in addressing the root causes of the conflict and to support initiatives aimed at achieving a lasting peace in the region.

In such times, SUHAKAM stands in solidarity with the people of Gaza and reaffirms its commitment to promoting and protecting human rights for all. We extend our deepest condolences to the victims and their families and call for urgent and coordinated action to alleviate the suffering of the affected population.

Finally, SUHAKAM urges the international community to hold Israel accountable for its genocidal actions, in line with the case initiated by South Africa at the International Court of Justice (ICJ). SUHAKAM also calls for the perpetrators to be held responsible for their inhuman transgressions and for the International Criminal Court (ICC) Prosecutor to conduct just and fair investigations into the war crimes committed, without any interference.

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Human Rights Commission of Malaysia (SUHAKAM)

13 June 2024

PRESS STATEMENT

KUALA LUMPUR (9 JUNE 2024) – SUHAKAM is closely monitoring the recent actions taken by the Sabah state government concerning the Bajau Laut community in Semporna. Several homes have been demolished as part of the Sabah state government’s initiatives to enhance security and protect the environment within the Tun Sakaran Marine Park. While prior notice was given to the affected communities, SUHAKAM acknowledges the need to assess the broader humanitarian impact of these actions.

The Bajau Laut are a unique and historically marginalized community facing significant challenges, including limited access to basic services such as healthcare and education. While recognizing the state government’s intention to enhance security, SUHAKAM emphasizes the importance of a balanced approach that addresses the immediate needs of those affected by the demolitions.

SUHAKAM advocates for immediate assistance to be provided to the displaced members of the Bajau Laut community. This includes ensuring access to temporary housing, medical care, and educational resources to minimize the disruption to their lives.

We encourage ongoing dialogue and collaboration between the state government, the Bajau Laut community, and humanitarian organizations to develop sustainable and inclusive strategies that address broader issues while respecting the rights and dignity of all individuals involved.

SUHAKAM remains committed to monitoring the situation closely and working towards solutions that uphold human rights.

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Human Rights Commission of Malaysia (SUHAKAM)
9 June 2024

KUALA LUMPUR (31 MAY 2024) — SUHAKAM was represented by Commissioner Prof. Datuk Noor Aziah Mohd Awal during the recent 88th session of the CEDAW Committee hearing in Geneva on the Elimination of Discrimination Against Women.

The Committee on CEDAW, a body of independent experts, monitors the implementation of the Convention on the Elimination of All Forms of Discrimination Against Women. CEDAW, an international bill of rights for women, was adopted by the UN General Assembly in 1979 and came into force in 1981. Malaysia ratified the Convention in 1995 and, as a signatory, is reviewed by the UN every four years.

SUHAKAM commends the Malaysian government for sending a high-level delegation headed by Minister of Women, Family and Community Development, YB Nancy Shukri, along with senior officers of the ministry. The presence of the Honourable Minister was noted by the Committee, which expressed their elation at such a high-level presence. The Committee took note of developments in areas of equal recognition through laws and proposed amendments to the Federal Constitution. Positive developments include the enactment of the Anti-Sexual Harassment Act 2022 [Act 840], amendments to the Employment (Amendment) Act 2022, and the introduction of anti-stalking laws in the Penal Code. However, the Government acknowledged ongoing challenges, notably the need for better representation of women in Parliament.

SUHAKAM attended and was allowed 5 minutes intervention at the Committee hearing and acknowledged the positive steps taken by Malaysia towards compliance with the Convention. During the formal discussions, the Committee raised several questions, including Malaysia’s reservations on Articles 9(2) and 16(1) (a), (c), (f), and (g) of CEDAW and the status of the ratification of the optional protocol of CEDAW. Other issues discussed included the harmonization of Syariah and civil laws, the effectiveness of the Domestic Violence Act, measures taken to reduce statelessness among women, the criminalization of out-of-wedlock pregnancy, proposed amendments to the Education Act, the introduction of indigenous languages as a medium of instruction in schools, unpaid care work, the impact of climate change, and the plight of women on death row. The Committee stressed that the Government should focus on policies and laws that will benefit all women, particularly those from the most marginalized communities.

Prior to the formal proceedings, on May 20th, SUHAKAM presented a detailed statement in an informal session with the Committee. Among the issues highlighted by SUHAKAM were citizenship issues, female genital mutilation, child marriage, and sexual harassment. SUHAKAM urges Malaysia to engage with all Malaysian stakeholders on a regular basis to identify areas of shortcomings and propose steps moving forward to address existing reservations.

SUHAKAM commends the commitment made by the Malaysian Government to the CEDAW reporting process and is hopeful that the Committee’s recommendations will act as a catalyst in further advancing women’s rights and the broader human rights agenda in Malaysia.

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Human Rights Commission of Malaysia (SUHAKAM)

31 May 2024

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Malaysia Dipuji atas Kemajuan Hak Wanita di CEDAW

KUALA LUMPUR (31 MEI 2024) —SUHAKAM telah diwakili oleh Pesuruhjaya Prof. Datuk Noor Aziah Mohd Awal pada sesi ke-88 pendengaran Jawatankuasa CEDAW di Geneva mengenai penghapusan diskriminasi terhadap wanita.

Jawatankuasa CEDAW adalah sebuah badan bebas yang memantau pelaksanaan Konvensyen mengenai penghapusan segala bentuk diskriminasi terhadap wanita. Triti undang-undang -undang antarabangsa untuk wanita ini telah diterima pakai oleh Perhimpunan Agung PBB pada tahun 1979 dan mula berkuat kuasa pada tahun 1981. Malaysia meratifikasi Konvensyen itu pada tahun 1995 dan sebagai Negara Pihak, prestasinya akan dinilai semula oleh PBB setiap empat tahun.

SUHAKAM memuji kerajaan Malaysia menghantar delegasi yang diketuai oleh Menteri Wanita, Keluarga dan Pembangunan Masyarakat, YB Nancy Shukri dengan diiringi oleh pegawai kanan Kementerian.  Jawatankuasa menzahirkan penghargaan mereka atas kehadiran Yang Berhormat Menteri dan mengambil maklum perkembangan  undang-undang dan cadangan pindaan kepada Perlembagaan Persekutuan yang dibentangkan, termasuk perkembangan positif iaitu penggubalan Akta Anti Gangguan Seksual 2022 [Akta 840], pindaan Akta Kerja (Pindaan) 2022, dan pengenalan Undang-Undang Menghendap (anti-stalking) dalam Kanun Keseksaan. Kerajaan mengakui akan cabaran yang berterusan, terutamanya keperluan untuk perwakilan wanita yang lebih baik di Parlimen.

SUHAKAM telah diberikan lima minit untuk menyampaikan kenyataan intervensi pada sesi pendengaran dan mengakui langkah-langkah positif yang diambil oleh Malaysia untuk pematuhan Konvensyen tersebut.  Semasa sesi perbincangan, Jawatankuasa mengajukan beberapa soalan, termasuk reservasi Malaysia pada Artikel 9(2) dan 16(1) (a), (c), (f), dan (g) CEDAW serta status pengesahan protokol pilihan CEDAW. Antara isu lain yang dibincangkan termasuk penyelarasan undang-undang Syariah dan sivil, keberkesanan Akta Keganasan Rumah Tangga, langkah-langkah yang diambil untuk mengurangkan tanpa kewarganegaraab dalam kalangan wanita, penyahjenayahan luar nikah yang dicadangkan kepada Akta Pendidikan, pengenalan Bahasa Orang Asal/Asli sebagai bahasa pengantar di sekolah, khidmat penjagaan yang tidak dibayar, kesan perubahan iklim, dan kebajikan banduan akhir wanita. Jawatankuasa menekankan bahawa Kerajaan harus memberi tumpuan kepada dasar dan undang-undang yang akan memberi manfaat kepada semua wanita, terutamanya mereka daripada golongan rentan.

Sebelum prosiding rasmi dijalankan, pada 20 Mei, SUHAKAM telah mengemukakan kenyataan terperinci dalam sesi tidak rasmi dengan Jawatankuasa. Antara isu yang diketengahkan oleh SUHAKAM adalah isu kewarganegaraan, khitan kanak-kanak perempuan, perkahwinan kanak-kanak, dan gangguan seksual. SUHAKAM menggesa Malaysia untuk melibatkan pihak berkepentingan secara berkala untuk mengenal pasti kekurangan dan mencadangkan langkah-langkah ke hadapan untuk mengatasi reservasi yang masih ada.

SUHAKAM memuji komitmen oleh Kerajaan Malaysia terhadap proses pelaporan CEDAW dan berharap cadangan Jawatankuasa ini akan bertindak sebagai pemangkin dalam memajukan lagi hak wanita dan agenda hak asasi manusia yang lebih meluas di Malaysia.

-TAMAT-

Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM)

31 Mei 2024