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Annual Report 2008 Human Rights Commission of Malaysia

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Annual Report 2008 Human Rights Commission of Malaysia ANNUAL REPORT 2008 HUMAN RIGHTS COMMISSION OF MALAYSIA First Printing / Cetakan Pertama, 2009 Copyright Human Rights Commission of Malaysia (SUHAKAM), 2008 Hak cipta Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM), 2008 All or any portion of this report may be reproduced provided acknowledgement of source is made. Notification of such use is required. All rights reserved. Semua atau sebahagian daripada mana-mana bahagian dalam laporan ini boleh disalin dengan syarat perakuan sumber dibuat. Adalah perlu untuk memaklumkan penggunaan. Hak cipta terpelihara. Published in Malaysia by / Diterbitkan di Malaysia oleh SURUHANJAYA HAK ASASI MANUSIA MALAYSIA/ HUMAN RIGHTS COMMISSION OF MALAYSIA Tingkat 29, Menara Tun Razak, Jalan Raja Laut, 50350 Kuala Lumpur, E-mel: [email protected] URL: http://www.suhakam.org.my Printed in Malaysia by / Dicetak di Malaysia oleh Loh Print (318092-w) 5 Jln SR 3/6, Taman Serdang Raya, 43300 Seri Kembangan, Selangor. Designed in Malaysia by / Direka di Malaysia oleh Pep Design Sdn Bhd (488344-v) B-2-28 Tropicana Merchant Square 1 Jalan Tropicana Selatan 1, PJU 3 47410 PJ, Selangor D. E. Malaysia National Library of Malaysia Perpustakaan Negara Malaysia Cataloguing-in-Publication-Data Data Pengkatalogan dalam Penerbitan ISSN: 1675-1159 SUHAKAM COMMISSIONERS 2008 SEATED FROM LEFT HASHIMAH NIK JAAFAR (Secretary), DATO’ CHOO SIEW KIOH, DATUK DR CHIAM HENG KENG, TAN SRI DATUK SERI PANGLIMA SIMON SIPAUN, TAN SRI ABU TALIB OTHMAN, TAN SRI DR ASIAH ABU SAMAH, DATO’ DR MICHAEL YEOH OON KHENG, DATO’ MUHAMMAD SHAFEE ABDULLAH, DATUK DR DENISON JAYASOORIA. STANDING FROM LEFT DATO’ HAJI KHALID HAJI IBRAHIM, TUNKU DATUK NAZIHAH TUNKU MOHAMED RUS, DR MOHAMMAD HIRMAN RITOM ABDULLAH, DATUK DR RAJ ABDUL KARIM, DATO’ SIVA SUBRAMANIAM A/L NAGARATNAM, DATO’ DR ABDUL MONIR YAACOB, DATIN PADUKA ZAITOON DATO’ OTHMAN, PROF TAN SRI DATO’ DR KHOO KAY KIM HUMAN RIGHTS COMMISSION OF MALAYSIA ANNUAL REPORT 2008 CONTENTS CHAPTER 1 KEY ISSUES 1 CHAPTER 2 MALAYSIAN HUMAN RIGHTS DAY 2008 9 CHAPTER 3 PUBLIC INQUIRIES 19 CHAPTER 4 REPORTS OF THE WORKING GROUPS / COMMITTEE: (i) HUMAN RIGHTS EDUCATION AND PROMOTION 23 WORKING GROUP (ii) COMPLAINTS AND INQUIRIES WORKING GROUP 35 (iii) ECONOMIC, SOCIAL AND CULTURAL RIGHTS WORKING GROUP 47 (iv) LAW REFORM AND INTERNATIONAL TREATIES WORKING GROUP 61 (v) CIVIL AND POLITICAL RIGHTS WORKING GROUP 73 (vi) INTERNATIONAL ISSUES AND COOPERATION COMMITTEE 85 CHAPTER 5 REPORTS FROM SUHAKAM OFFICES IN SABAH AND SARAWAK: (i) ACTIVITIES OF SUHAKAM IN SABAH 95 (ii) ACTIVITIES OF SUHAKAM IN SARAWAK 113 APPENDICES APPENDIX I SUHAKAM Organizational Structure 128 APPENDIX II List Of SUHAKAM Press Statements 129 APPENDIX III Report for the Universal Periodic Review (UPR) on Malaysia, 175 Fourth Session, February 2009 from the Human Rights Commission of Malaysia (SUHAKAM) APPENDIX IV Activities of SUHAKAM 183 APPENDIX V Talks, Seminars and Conferences – National 199 APPENDIX VI Talks, Seminars and Conferences – International 204 APPENDIX VII List of SUHAKAM’S Publication 2008 209 APPENDIX VIII Monthly Meetings – Commissioner’s Attendance 210 APPENDIX IX SUHAKAM Audited Accounts 219 CHAPTER 1 KEY ISSUES The world celebrated the 60th anniversary of the Universal Declaration of Human Rights (UDHR) during the year in review. SUHAKAM together with the United Nations Development Programme in Malaysia held a debate to commemorate the milestone and discuss the impact of the UDHR in promoting a fairer and more equal world. Events also saw SUHAKAM fulfilling its responsibility as Chair of the Asia-Pacific Forum by hosting the 13th Annual Asia-Pacific Forum. Much has happened since the 12th General Election in March. The nation is changing and a new chapter of political and social awareness has opened. To address these realities, SUHAKAM set up a new working group – the Civil and Political Working Group (CPRWG) – to liaise with stakeholders and discuss issues of civil and political rights. On Nov 10, CPRWG was merged with the Economic, Social and Cultural Rights Working Group. Many memoranda and complaints were received from individuals and civil society groups, expressing concern over freedom of assembly, freedom of expression and information, free and fair elections, freedom of religion, misuse of the Internal Security Act 1960 (ISA), police inaction, administration of justice, law enforcement and the rights of vulnerable groups. 1. FREEDOM OF RELIGION As an ethnically diverse country, Malaysia faces many challenges. One issue deemed sensitive is freedom of religion. Problems commonly arise in inter-faith marriages involving conversion and which subsequently fail or are dissolved. In some cases, the spouse who converted may wish to revert to his/her original religion, which poses difficulty in determining who gets custody of the children. Over the year, several thorny issues were raised that involved religion. Allegations involving the azan and articles purportedly defaming Islam led to arrests and detention under the ISA. The Bar Council, on Aug 9, organized an open forum to discuss legal problems related to conversion, but this was stopped owing to strong protest. SUHAKAM supports the right to freedom of speech and expression. However it is mindful that, when dealing with a sensitive subject like religion in a plural society, there is a need to respect the rights of everyone involved. 1 CHAPTER 1 - KEY ISSUES 2. ADMINISTRATION OF JUSTICE The way justice is administered in any society is key to the promotion and protection of human rights and the rule of law. The UDHR enshrines the principle of equality before the law, on the presumption of innocence and the right to a fair and public hearing. The International Covenant on Civil Law and Political Rights further guarantees the right to be tried without undue delay by a competent, independent and impartial tribunal established by law. SUHAKAM is very concerned about delays in the disposal of court cases and, in particular, about delays in carrying out the death sentence. Where the death sentence is imposed, it must be speedily carried out after all appeals are exhausted, so as not to prolong the agony of those convicted. However, capital punishment is cruel, inhuman and degrading. SUHAKAM therefore recommends that the Government considers imposing a moratorium on the death penalty with a view to abolishing it. SUHAKAM is also concerned about how the juvenile justice system is being administered. Among the main problems are delays in trials and the insensitivity of Magistrates towards juvenile offenders and victims. SUHAKAM hopes that proper training will be provided to Magistrates to address the problem. Another issue that has received wide attention is with regard to reports lodged on sedition, unlawful assembly and alleged fabrication of evidence by the Attorney-General (AG) and Inspector-General of Police (IGP) in a criminal matter. While the investigations into some reports have been completed and submitted to the AG’s Chambers for a decision, no action seems to have been taken. People who are affected would want to know the outcome of the investigations. There is no reason why the relevant authorities should not inform them accordingly. The Government’s move to bring in the Judicial Appointments Commission Act in December attracted conflicting views from certain quarters. One pertinent issue was the constitutionality of the Act as being contrary to Article 122B and 161E (2) of the Federal Constitution. SUHAKAM therefore recommends that: • The Prime Minister’s wide discretionary powers under the Act should be kept minimal, while the Commission should be conferred more power and independence in order to be impartial in judicial appointments. • The overall power, position and functions of the Commission should be reviewed to ensure that its power does not run contrary to Article 122B and 161E(2) of the Federal Constitution. 2 CHAPTER 1 - KEY ISSUES 3. DETENTION WITHOUT TRIAL There was an unprecedented public outcry against the use of the ISA against three people, who were detained in September for reasons other than that intended by the Act. Clearly, there was abuse of the provisions of the ISA – reinforcing a frequent complaint over the years. Use of the law continues to be debated by many sections of society. Despite calls for review and repeal, the Government maintains that the legislation is necessary to ensure peace and security. In this regard, it is to be appreciated that it is a central tenet of international human rights law that all persons are entitled to the protection of certain fundamental rights, irrespective of their nationality, status or the crime they are alleged to have committed, and no matter how grave the threat posed to the wider community. States are not permitted to fulfil their obligations to protect the rights of the wider population merely by disregarding the rights of suspects. SUHAKAM reiterates its stand that all forms of preventive legislation should be repealed as these are contrary to Article 9 of the UDHR. SUHAKAM again recommends that the Government releases all detainees or brings them to justice if there is sufficient evidence of their involvement in the alleged activities for which they are being detained. In the interim the Government should consider releasing detainees who are of old age or in fragile health. 4. LAW ENFORCEMENT There is a common perception among members of the public that the Police practise double standards in law enforcement, and that they tend to act with greater forbearance and exhibit extraordinary patience and procrastination when dealing with those who support the Government. There have been complaints that: - The Police have refused to accept reports; - Transparency is lacking in the issuance of permits for peaceful assemblies; - Members of the political opposition have been arrested for participating in ‘unlawful assemblies’; - The Police use more force than necessary; - There are delays in investigating and closing reports against members of the administration and supporters of those in power without just cause; and - The Police have engaged in selective prosecution.
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