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

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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

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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.

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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.

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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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Another emerging norm among law enforcement agencies is a tendency to make public announcements pertaining to investigations involving certain individuals, such as in a corruption case or a criminal offence. Such announcements could bring into disrepute – and jeopardize – the public standing of the individuals named, as well as create uncertainty about their status whenever an investigation is not closed. This practice further leaves enforcement agencies open to questions of abuse of power, since their announcement would have affected the individual’s presumption of innocence if not followed by a charge or closure of the investigation.

In the interests of justice and human rights, the Judiciary, Police and Public Prosecutor’s Department should comprise those who – while they have respect for the law – should instinctively know what is right and fair. Tenderness and harshness should be for all, without undue bias in the administration of law. All persons are equal before the law and are entitled to equal protection under the law, in line with Article 8 of the Federal Constitution and Article 7 of the UDHR.

5. FREEDOM OF EXPRESSION AND INFORMATION

Freedom of information and expression are both enshrined in Article 19 of the UDHR.

SUHAKAM is concerned about the number of books that have been banned by the Government over the years. The banning of books is an example of how the use of the Printing Presses and Publications Act 1984 (PPPA) can undermine freedom of expression and information.

In order to promote more open and transparent governance, the imposition of such constraints should be minimized. SUHAKAM again recommends that the Government reviews the PPPA and the Officials Secrets Act 1972.

6. RIGHTS OF VULNERABLE GROUPS

(a) Orang Asli and Orang Asal

Two outreach programmes were conducted to promote awareness of the right to education. The programme was conceived after previous dialogues held with the Orang Asli revealed that the right to education is among their most pressing needs. The programme was a coordinated effort that included the Ministry of Education, National Registration Department, Department of Welfare, Department of Orang Asli Affairs and the Department of Health. Problems such as transportation, aid for school equipment, registration of birth certificates and identification cards, welfare aid, financial problems and the school environment were identified.

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Issues of Native Customary Rights (NCR) to land continue to be a problem for native communities. On Aug 12, SUHAKAM launched a report on ‘Legal Perspectives on Native Customary Land Rights in Sarawak’. The report examines the gap between provisions in the Sarawak Land Code 1958 and claims to native land.

SUHAKAM urges the Government to look into the complaints of the Indigenous People, which range from poverty to the right to education and land matters. As most Indigenous People make a living from the land and forest, the dispossession of land because of current law that does not recognize NCR must be reviewed.

(b) Migrant Workers

During a Roundtable Discussion with groups representing workers and civil society, concerns were raised on the unfair and unequal treatment of migrant workers. Migrant workers are more prone to abuse because they are granted less protection. Their ability to form or join associations is restricted by their work permit, and there are no standards of employment.

To ensure that migrant workers’ rights are better protected, SUHAKAM recommends allowing the workers to set up or join trade unions. In this way, it is hoped that complaints by workers against employers can be more effectively addressed.

SUHAKAM welcomes Malaysia’s decision to sign the Convention on the Rights of Persons with Disabilities which provides for better protection, recognition and acceptance of this group. This, together with the passage of the Persons with Disabilities Act 2007, shows that the Government is moving in the right direction in addressing issues affecting persons with disabilities.

(d) Women and Children

A sub-committee on women’s rights was set up within the Human Rights Education and Promotion Working Group. The committee is made up of representatives of the Ministry of Women, Family and Community Development, non-governmental organizations and several experts on women’s rights and gender rights. Through the committee, SUHAKAM is able to interact frequently with those who are working on women’s rights and to share its work on the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

Based on in-depth research and consultations, SUHAKAM submitted a recommendation to the Ministry of Women, Family and Community Development to remove the reservation to Article 16(1)(a) of CEDAW.

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This is a continuous effort by SUHAKAM since 2002, where reservations of Articles 5(a), 7(b) and 9(2) were also recommended for removal. SUHAKAM would like to see full implementation of CEDAW based on the declared objectives.

SUHAKAM continues to monitor the implementation and removal of reservations to the Convention on the Rights of the Child (CRC). To date, there are reservations to Articles 1, 2, 7, 13, 14, 15, 28(1)(a) and 37. SUHAKAM has recommended the removal of five reservations, leaving Articles 13, 14 and 15 to be reviewed through further study.

Copies of SUHAKAM’s reports have been sent to stakeholders such as the AG’s Chambers, Judges, Ministries, Bar Council, academicians and NGOs. Positive feedback has been received, welcoming the recommendations for removal of the reservations.

To increase awareness and education on CEDAW, SUHAKAM has collaborated with the Ministry of Women, Family and Community Development and civil society groups involved in women’s rights and gender issues. During the year, the Ministry invited SUHAKAM to conduct a session on women’s rights and CEDAW at a Gender Focal Point Training Programme for 35 personnel from various Ministries and government agencies. SUHAKAM hopes that such collaboration with the Ministry can continue.

Workshops on awareness of the CRC were extended to teachers in religious schools in the northern, central and southern regions. The focus was on promoting human rights values in the administration of schools and assisting teachers to be aware of children’s rights under the law. The workshops received positive feedback and also initiated discussion on the compatibility of universal human rights values with religious teachings.

7. INTERNATIONAL STATUS OF SUHAKAM

National Human Rights Institutions (NHRIs) like SUHAKAM are accorded a certain status before the United Nations Human Rights Council and other international human rights mechanisms. Their status may be categorized as ‘A’, ‘B’ or ‘C’ by the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC). It reviews the status periodically.

SUHAKAM was accorded status ‘A’ in 2002 and hence, entitled to speaking rights in United Nations human rights organs. In April, the ICC Sub-Committee on Accreditation (SCA) after reviewing the status of SUHAKAM recommended to the ICC, that it be downgraded to status ‘B’ on the ground that the founding law which established SUHAKAM, the Human Rights Commission of Malaysia Act 1999 (Act 597), is not fully compliant with the Paris Principles. SUHAKAM on Sept 2 recommended to the Government to amend the Act 597 to comply with the Paris Principles as interpreted by the SCA to

6 CHAPTER 1 - KEY ISSUES ensure that SUHAKAM maintains its status ‘A’. The SCA will meet in Geneva on March 26-31, 2009 to determine the status of SUHAKAM. In this regard, it would be relevant to state that the issue can only be resolved by positive and timely Government response.

8. RESPONSE FROM MINISTRIES AND GOVERNMENT AGENCIES TO SUHAKAM’S ANNUAL REPORT 2006

Various Ministries and government agencies have responded to SUHAKAM’s recommendations in its Annual Report 2006. Among the matters covered in the report were the Millennium Development Goals, the Universities and University Colleges Act 1971, the Report of the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police, and issues of human rights such as freedom of assembly, detention without trial, administration of justice, and the rights of vulnerable groups.

The agencies and Ministries that responded were: the AG’s Chambers, Federal Court, Chief Registrar’s Office, National Security Council, Department of Islamic Development Malaysia, Sarawak State Secretary’s Office, Sarawak Forestry Department, Sarawak Registration Department, Sarawak Education Department, Sarawak Health Department, Sarawak Welfare Department, Kapit Resident’s Office, Home Ministry, Ministry of Unity, Culture, Arts and Heritage, Ministry of Housing and Local Government, Ministry of Natural Resources and Environment, Ministry of Human Resources, Ministry of Women, Family and Community Development, Ministry of Education, Ministry of Health, Ministry of Higher Education, Ministry of Rural and Regional Development, and Ministry of Foreign Affairs.

Some of the responses were encouraging. However, in matters such as arbitrary detention under the ISA, freedom of peaceful assembly, and freedom of opinion and expression, the response could have been more positive.

Although there have been some areas of disagreement, SUHAKAM is nonetheless pleased that the Government is making a great effort to consider all the recommendations offered.

CHAPTER 2 MALAYSIAN HUMAN RIGHTS DAY 2008 HUMAN RIGHTS AND THE ADMINISTRATION OF JUVENILE JUSTICE

Malaysian Human Rights Day 2008 was marked with a conference themed, ‘Human Rights and the Administration of Juvenile Justice’.

The objectives were to:

- Examine mechanisms governing juvenile justice in Malaysia, to determine if these comply with international human rights standards;

- Identify the strengths and weaknesses of the protection mechanism and support system for reintegration of children in conflict with the law; and

- Improve laws and procedures applicable to juvenile offenders and child victims.

SUHAKAM Chairman Tan Sri Abu Talib Othman welcomed participants, while YB Senator Datuk Mohd Zaid Ibrahim, then the Minister in the Prime Minister’s Department, opened the conference. Professor Sedfrey M Candaleria, the Associate Dean for Student Affairs at the Ateneo de Manila Law School in The Philippines, presented the keynote address.

This was followed by a Panel Discussion on ‘Human Rights and the Administration of Juvenile Justice’. The panellists comprised Dato’ Meme Zainal Rashid, the Director-General of the Department of Social Welfare, whose paper was on ‘Juvenile Justice in Malaysia – The Role of the Social Welfare Department’; Dr Farah Nini Dusuki, a senior lecturer at Universiti Malaya, who spoke on the ‘Convention on the Rights of the Child and the Administration of Juvenile Justice in Malaysia: An Overview of the Legal Framework’; and Mr James Nayagam, the Executive Director of Shelter Home for Children, who discussed the ‘Strengths and Weaknesses of the Protection Mechanism and Support System for Reintegration of Children in Conflict with the Law’. Dato’ Meme’s paper was read by Puan Hajah Nor Amni, the Director of the Children’s Division, Department of Social Welfare.

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1. CONFERENCE PROCEEDINGS

(a) Welcome Address

Tan Sri Abu Talib Othman stressed that it is important to recognize that children are not born with criminal tendencies; it is their living situation and environment which shape their character. Thus children in conflict with the law must be rehabilitated to enable them to be remorseful for their offences and to lead a productive life while contributing to society. A comprehensive system – one that is restorative instead of punitive – must be in place to reintroduce them into society. The system should also review the administration of justice for child victims and child witnesses.

(b) Opening Address

Datuk Mohd Zaid Ibrahim opined that, for juvenile justice to change in accordance with human rights standards, the way youngsters are viewed must first be changed. Attention should not be focused only on high achievers but should also be given to those with problems, especially those deprived of certain privileges. He too said juvenile offenders are not born with criminal instincts but are victims of circumstance. In the administration of juvenile justice, much rests with those involved, such as Magistrates, social workers, enforcement officers and officers of the Social Welfare Department. The nation may have all the laws required and ratify all the conventions available, but these would be useless if administrators of juvenile justice are not caring enough. He also advocated that those involved, particularly Magistrates, be trained on aspects of juvenile justice such as rehabilitative and restorative justice.

Datuk Mohd Zaid Ibrahim delivering his speech

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Professor Sedfrey M Candaleria first discussed the situation from the historical perspective. In primitive times, the system was retributive in nature and there were no systems to accommodate standards in which justice could be administered. Justice was limited to people who had the wealth or power to buy vengeance. Furthermore the primitive practices focused only on adults and did not cater to children as a separate entity.

In recent years, a more considerate system of restorative justice, emphasizing the good that exists in the juvenile offender, has been introduced. It primarily involves three processes – repentance, commitment and reacceptance – and encourages offenders to take responsibility for their crime. When it was first introduced, there were many sceptics who could not see it as an effective substitute for punishment. For the system to function effectively, all the three processes must be in place. For instance, if repentance of offenders is not accepted by society, then the system becomes inept.

Another method is diversion which basically channels children away from the normal justice system to alternative procedures and rehabilitative programmes. Examples of diversion are Police warnings, a written or verbal apology, counselling and restitution to the victim. Sentences could be suspended such as in cases where children are recruited by armed rebels.

He also recounted how changes have taken place in the juvenile justice system of The Philippines. It was not easy and took 10 years of law reform advocacy for it to be where it is now. There has been a change of mindset in the Philippines in that juveniles are now treated as victims and not as offenders. Among the outcomes of reform is the raising of the age for criminal responsibility from 9 years to 15 years. It implies that, when children under the age of 15 commit a crime, they should be exempted from facing the justice system. For those between the ages of 15 and 18, a team of experts and a carefully trained judiciary determines the level of discernment of the offender to decide whether the offender should be exempted from criminal responsibility or not.

It is important, too, to make available such resources as physical facilities, legal and psychological support for the children, and specialized training for the judiciary and all personnel involved in the administration of juvenile justice. Even now, the system is not without problems. For instance, culture continues to influence the administration of juvenile justice; for example, although corporal punishment is prohibited in law, its practice prevails.

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(d) Panel Discussion

(i) Juvenile Justice in Malaysia: Role of the Social Welfare Department

Puan Hajah Nor Amni said the juvenile justice system in Malaysia usually deals with children under the age of 18 who have been accused – or are suspected – of committing a crime, as well as those considered to be beyond parental control. The Social Welfare Department is an integral part of the juvenile justice system alongside the Police, the Court and the Prison Department. The Department’s history dates back to 1947 when the Juvenile Courts Act was introduced. The law has been replaced with the Child Act 2001.

Data shows that the rate of juvenile-related crime in Malaysia is not alarming. For example, in 2000, the number of young offenders represented only 0.14% of the total population of children between the ages of 10-18 years. The rate of juvenile crimes has neither increased nor become more violent. In spite of this, the Department has plans to institute the following improvements:

• Gender policies in rehabilitation programmes

• Intensive supervision probation

• Community services in place of compensation or fines

• Law-related education in schools

• Family group conferencing

(ii) Convention on the Rights of the Child and the Administration of Juvenile Justice in Malaysia: An Overview of the Legal Framework

Dr Farah Nini Dusuki strongly asserted that children in conflict with the law should never lose their rights as enshrined in the Convention on the Rights of the Child (CRC) and in the Child Act 2001. Though Malaysia has placed reservations to Article 37 of the CRC, it has acceded to Article 40 which addresses the psychosocial aspect of rehabilitation.

Among the issues raised in her presentation were:

• An accused juvenile is most vulnerable when in the custody of the Police as the child may be exposed to torture or other forms of cruel treatment.

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Panellists responding to questions from the floor From left: Prof Sedfrey M Candaleria, Dr Farah Nini Dusuki, Datuk Dr Chiam Heng Keng, Puan Nor Hajah Amni and Mr James Nayagam

• Although there is separation of lock-ups with adults, facilities are still lacking to cater to the child’s needs.

• The child’s privacy is frequently not respected. In spite of the restriction in the law, the media often reports enough details so that the child’s identity can be determined despite the name not being revealed.

She therefore urged mindset change, to move away from a punitive system to a reformative one.

(iii) Strengths and Weaknesses of the Protection Mechanism and Support System for Reintegration of Children in Conflict with the Law

Mr James Nayagam made an appeal for children who are in conflict with the law to be viewed as victims who later become offenders. His research shows that 80% of child offenders are victims of child abuse and of low socio-economic status. They suffer emotional, physical and sexual abuse, as well as neglect. Since children in conflict with the law are mostly victims of circumstance, society must not treat them as criminals. They should instead be viewed as young people in need of guidance and help. He urged that juvenile offenders be rehabilitated to become useful citizens.

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Participants at the conference

2. SPECIAL SESSION WITH INVITED GUESTS

SUHAKAM hosted a special meeting later the same day with the keynote speaker, panellists and several participants involved with juvenile justice.

The following issues were raised:

(i) Building a database The Meeting acknowledged the need to document the profiles of juvenile offenders and study the factors that contribute to their anti-social behaviour.

A representative of the Social Welfare Department said that such an initiative had been started in 1993 when nationwide research on child abuse was conducted with funding from the United Nations Children’s Fund. However, the system required to continue with data collection was not put in place.

Although a common format for data collection by all agencies is desirable, a participant expressed concern about potential abuse of a centralized data system and pointed out the need to respect the offender’s privacy.

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(ii) Place of detention for juvenile offenders Juvenile offenders should be separated from adult prisoners, while facilities must be provided to cater to their age and development.

It was noted that the Prison Department had initiated Sekolah Integriti in collaboration with the Ministry of Education at Kajang Prison in Selangor, to provide juvenile offenders with proper education. The teachers comprise trained graduates seconded from the Ministry of Education, as well as contract teachers. Currently there are six such schools nationwide.

It was recommended that the educational programme includes psychosocial counselling to help the offenders who invariably have psychological and social problems.

(iii) Special court for children The Meeting noted that every district should have a special court for cases involving children as provided in the Child Act 2001.

(iv) Early prevention The Meeting recognized the importance of early intervention, the need to list all the stakeholders involved, and to clearly identify their roles. Doctors and nurses, child care providers, teachers and school administrators, social workers, volunteers, community workers and parents are all stakeholders in early intervention. As the majority of juvenile offenders come from broken families, help has to be extended to these families. Therefore for early intervention to be effective, a team must be on the ground, close to the communities to provide help to offenders as well as to guide and monitor the programme to ensure its successful implementation.

(v) Situational analysis study To better understand the problems juvenile offenders face, a situational analysis study must be conducted so that a precise assessment of the problem in the Malaysian context is documented.

(vi) Child Act 2001 There was vigorous debate over Section 87 of the Child Act 2001, which specifies the obligations of the Police to inform a probation officer and parent or guardian immediately after a child is arrested. Although this provision exists, it was alleged that it is not being properly implemented; there are many gaps, leading to the absence of a probation officer or family-members being oblivious of the arrest. It was claimed that some of the young offenders arrested had refused to reveal the whereabouts of family-members, while the parents in some cases had refused to have anything to do with them. The shortage of manpower at the Social Welfare Department was acknowledged as one of the reasons for the problem.

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(vii) Stakeholders’ responsibility All members agreed that changing the mindset of the public, especially those directly involved in the juvenile justice system, is most crucial in reforming the administration of juvenile justice. All stakeholders must be given training to help them understand that children are to be treated differently from adults and that they have special protection under the law.

3. SUHAKAM’S RECOMMENDATIONS

SUHAKAM makes the following recommendations.

(a) Role of the Government

(i) Special court for children The Government should set up a special court for children in premises that are separate from court complexes. These should come under the supervision of Magistrates who are specially trained in the field of children’s rights and who have knowledge of international standards in juvenile justice. The premises must be accommodative and friendly to children.

(ii) Separate facility for juvenile offenders The Government should also build detention centres specifically to hold young offenders. These centres should be equipped with facilities to accommodate the children’s age and development.

(iii) Alternative sentencing The Government should institute alternatives to punishment for juvenile offences, especially for petty crimes for which imprisonment is no longer acceptable. Instead a rehabilitative or restorative system, such as community service and restitution, must be introduced.

(iv) Early prevention The Government must take early steps to prevent juveniles from engaging in crime. Hence, an early prevention mechanism is needed. A thorough situational analysis must be conducted to obtain a precise picture of the contributing factors of anti-social behaviour in young children. The study will enable the Government to take appropriate measures to address the problem. This will eventually work out to be financially less costly to the Government, as well as less costly to the youngsters in term of personal development and waste of their potential.

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(b) Role of the Judiciary

(i) Observe children’s needs The Court has a responsibility to be sensitive towards children in conflict with the law and also towards child victims and child witnesses. To ensure justice, it is highly essential for the court system to accommodate the children’s level of maturity and other special needs such as their background. The justice system must be child-friendly and minimize their trauma. Children must be accompanied by appropriate adults throughout the process.

(ii) Provide special training Special training on handling children in the justice system must be conducted for all Magistrates who preside over children’s cases. Such training should also be provided to all those who work directly with juvenile offenders such as the Police, social workers and volunteers.

(iii) Undertake proactive initiatives The situation of delays and prolonged remand periods must be addressed expeditiously. The Court must be proactive and current in making improvements to existing guidelines. It should not wait for Parliament to enact laws that increase justice for children and help them reintegrate into society effectively.

(i) Involvement in rehabilitative programmes Civil society groups should work with the Government to ensure that young offenders are given the best opportunities to rehabilitate themselves and play a constructive role in society. Since these groups are closer to communities and are better at working with them than the Government, they should be involved in rehabilitative programmes, especially community service. They can play a vital role in enabling communities to accept juvenile offenders.

(ii) Contribution as probation officers Inadequate human resources, especially probation officers, in the Social Welfare Department can affect the well being and justice of juvenile offenders. As a solution, the Child Act 2001 should be amended to enable volunteers – especially community leaders and retirees with a background in law or social service – to be appointed as volunteer probation officers.

(d) Role of the Media

SUHAKAM is concerned that the media has frequently violated children’s right to privacy as provided under Section 15 of the Child Act 2001, when covering cases involving juvenile offenders and victims.

17 CHAPTER 2 - MALAYSIAN HUMAN RIGHTS DAY 2008: ‘HUMAN RIGHTS AND THE ADMINISTRATION OF JUVENILE JUSTICE’

The media has intentionally or unintentionally revealed their identity by reporting the names of their parents or family-members and place of residence. Whenever the media commits this offence, they should be charged.

(e) SUHAKAM’s Role

SUHAKAM should conduct a study to identify gaps between laws pertaining to juvenile justice and their implementation.

4. CONCLUSION

The juvenile justice system is different from an adult justice system. It is therefore important to identify new and better ways to dispense juvenile justice so that young offenders get help in being reintegrated into society. The system must get rid of the punitive approach and replace it with a restorative approach. Steps such as diversion and early prevention should be assimilated into the system.

It is imperative to look into the human aspects of the system. It is useless to have a battery of laws when implementation is inefficient. Training has to be provided to all stakeholders, the Police, court staff and social workers so that they have better understanding of child rights and are able to heed these rights.

Above all, a champion for juvenile justice needs to be identified to lead reform of the juvenile justice system. The media should give prominence to such advocacy, to create the political will for change.

18 CHAPTER 3 PUBLIC INQUIRIES

SUHAKAM PUBLIC INQUIRY INTO THE ALLEGATION OF EXCESSIVE USE OF FORCE BY LAW ENFORCEMENT PERSONNEL DURING THE INCIDENT OF MAY 27, 2008 AT PERSIARAN BANDAR MAHKOTA CHERAS 1, BANDAR MAHKOTA CHERAS

Section 12(1) of the Human Rights Commission of Malaysia Act 1999 empowers the Commision to inquire into any allegation of the infrigement of the human rights of any person or group of persons.

Pursuant to this section, SUHAKAM on its own initiative conducted an inquiry on July 23 into the allegation of excessive use of force by law enforcement personnel against two persons travelling in a car bearing registration number WDP 1594, when they stopped the vehicle on the evening of May 27 at Persiaran Bandar Mahkota Cheras 1, Bandar Mahkota Cheras.

Three Commissioners – Datin Paduka Zaitoon Othman (Chairperson), Datuk Dr Chiam Heng Keng and Dato’ Haji Khalid Haji Ibrahim – were appointed to the Panel of Inquiry.

The terms of reference of the Inquiry were:

(i) To inquire whether or not any law enforcement personnel in performance of their duty to maintain law and order had used excessive force during the incident,

(ii) If there was excessive use of force:

• whether there was any violation of human rights of any person or persons; and

• who was responsible for such violation.

(iii) To recommend action to be taken against those responsible for the violation of human rights of such persons.

During the proceedings, the Panel heard evidence from 26 witnesses including members of the public, journalists and Police officers. The Panel also examined 33 exhibits, including video recordings and photographs of the incident.

19 CHAPTER 3 - PUBLIC INQUIRIES

(a) Background to the Incident

From the evidence adduced, the Panel found as a fact that at the material time, there were 25 Federal Reserve Unit (FRU) personnel at the place of the incident. Police officers in plain clothes were also present. The law enforcement personnel had moved to the place to control a crowd that had gathered earlier to protest the re-erection of a barrier at the intersection of Bandar Mahkota Cheras and Grand Saga Highway.

The law enforcement personnel then stopped a car which was travelling towards them, and kicked and hit it with batons and shields. However, they denied using any force against the occupants of the car. They maintained that they had surrounded the car to arrest the driver who was alleged to have knocked into two FRU personnel while negotiating a U-turn.

Two of the occupants sustained injuries during the incident.

(b) Findings of the Panel of Inquiry

The Panel was satisfied that the law enforcement personnel had used excessive force against the two occupants. However, the Panel could not identify who among the personnel was responsible for inflicting the injuries. Clearly by their action, they had violated the human rights of the injured persons.

(from right) Dato’ Haji Khalid Ibrahim Haji, Datin Paduka Zaitoon Dato’ Othman (Chairperson) and Datuk Dr Chiam Heng Keng - Panel of Inquiry

20 CHAPTER 3 - PUBLIC INQUIRIES

(i) The Police must operate within the law and respect human rights.

(ii) Police officers should exercise restraint in the use of force and minimize damage and injury.

(iii) The progression of use of force should follow five stages: ‘verbal persuasion; unarmed physical force; force using non-lethal weapons; force using impact weapons; and deadly force’.

(iv) The Police should ensure that assistance and medical aid are rendered to any injured persons and must notify relatives or close friends, both at the earliest possible moment.

(v) Any injury or death caused by the use of force by Police personnel must be reported to their superior officers and the case should be fully investigated without delay.

(vi) The Police Force should adopt and implement clear rules and regulations on the use of force by its officers. Such rules and regulations should be based on ethical issues with regard to the use of force and firearms. Furthermore, there must be constant review of these rules and regulations.

(vii) Police and FRU personnel should display their names and badge-numbers so that these are visible and clear during field operations.

(viii) The Police should conduct a thorough investigation into this case and ensure that the personnel responsible for causing the injuries to the occupants of the car are brought to justice.

CHAPTER 4 (i) REPORT OF THE HUMAN RIGHTS EDUCATION AND PROMOTION WORKING GROUP

The Human Rights Education and Promotion Working Group (EWG) continues to discharge its mandate to promote awareness and provide education in relation to human rights.

Seminars, workshops, forums, dialogues and Roundtable Discussions have been organized for the primary target groups – the school community, tertiary institutions, disadvantaged groups, women, law enforcement agencies, government agencies, and civil society organizations.

In addition to initiating its own programmes, EWG has also conducted training workshops for the Prison Department, People’s Volunteer Corps (RELA) and National Anti-Dadah Agency. These were hosted by the respective agencies.

1. HUMAN RIGHTS EDUCATION FOR SCHOOLS

SUHAKAM has completed its series of workshops for senior officers from State Education Departments. These were held in the northern, central, eastern and southern zones, as well as in Sabah and Sarawak.

One issue commonly raised by participants was that of the rights of teachers versus the rights of students. Participants suggested that SUHAKAM should conduct a programme to discuss the implication of children’s rights on teachers and schools as a whole. As a result, SUHAKAM held a symposium entitled ‘Meeting of Minds on Children’s Rights’.

(a) Symposium on ‘Meeting of Minds on Children’s Rights’

The symposium was held from April 7-8 in Kuala Lumpur with the following objectives:

• To raise awareness and understanding of Convention on the Rights of the Child (CRC) among stakeholders like officers in the Ministry of Education, school administrators, teachers, parents, students and civil society representatives;

• To discuss and share views on children’s rights in order to enhance their wellbeing; and

23 CHAPTER 4 (i) - REPORT OF THE HUMAN RIGHTS EDUCATION AND PROMOTION WORKING GROUP

• To discuss and share views on teachers’ rights in the human rights context.

There were 178 participants from relevant government agencies, non-governmental organizations and the Ministry of Education. Teachers took part, as did university and school students.

Symposium Programme

The symposium was divided into two parts. The first part saw papers being presented in the form of a keynote address and at two panel sessions. The first panel discussed the theme ‘Education Policies and the Implementation of Children’s Rights in School’, while the second panel discussed ‘Rights and Responsibilities of Students and Teachers’.

The second part of the programme consisted of a workshop session in which participants were divided into seven groups, including two groups of students. They were required to discuss and brainstorm ‘Students’ Rights and Responsibilities’ and ‘Teachers’ Rights and Responsibilities’.

Participants’ Recommendations

• The Government should provide basic education to all children including those of refugees, migrant workers and asylum seekers, and to those without birth certificates (with funding from UN agencies).

• Children who have never been to school should be placed in remedial classes for a certain period, so that they can first acquire 3R skills.

• The curricula for primary and secondary schools should be re-evaluated to ensure these do not deprive students of their right to leisure time. The re-evaluation should also ensure that the curricula also focus on character building instead of being only examination oriented1.

• Reforms are needed in teacher training for special education (including for the disabled) to enable teachers to fulfil needs in this area.

• Before enrolling disabled students, teachers concerned and the Counselling Unit should organize a special programme for everyone in the school. The programme should facilitate the integration of disabled students into the school.

• Schools should look into student-friendly alternatives to caning as a punishment, such as the merit- demerit and mentor-mentee system. This will inculcate good character in students, but will require the number of counsellors to be increased in schools.

1 SUHAKAM has taken note the announcement by Education Minister Datuk Seri Hishammuddin Hussein on Sept 26, 2008 (Star) that a new curriculum will be introduced at the primary school level in 2010 to make it more holistic and less examination-oriented for pupils. SUHAKAM welcomes the move.

24 CHAPTER 4 (i) - REPORT OF THE HUMAN RIGHTS EDUCATION AND PROMOTION WORKING GROUP

• Students in rural areas, especially from the Orang Asli community, should have access to Government- sponsored hostels complete with basic facilities, transportation and supervision of a matron. The cultural values of this group should be sustained.

• Schools should be disabled-friendly to enable disabled students to move freely and safely.

• The role of Parent-Teacher Associations should be reviewed to enable them to play an effective role on children’s rights in school.

• Opportunities for communication between teachers and students should be provided in school, for both parties to express opinions.

• Students should be involved in decision making over issues pertaining to them.

• Programmes with more a sensitive approach should be developed to better understand bullies and factors behind incidents of bullying in school, and to arrive at effective solutions in reducing the problem among students.

A student voicing her concerns on children’s rights

(b) CRC Awareness Workshop for Religious Teachers

Since the end of 2007, SUHAKAM has expanded its reach by organizing human rights awareness workshops for teachers or school administrators serving in religious schools throughout the country.

25 CHAPTER 4 (i) - REPORT OF THE HUMAN RIGHTS EDUCATION AND PROMOTION WORKING GROUP

This is one of the strategies to harmonize human rights values with Islamic teachings and practices, and create a platform for participants to discuss and reconcile religious perspectives with understanding of human rights.

SUHAKAM was prompted to embark on this effort after it received a complaint of bullying in a religious school in the East Coast. The Commission also took into consideration the increasing number of cases of bullying in religious schools.

Workshop Programme

Workshops were run in three regions – north, south and central:

• In Sungai Petani (Nov 9-11, 2007), there were 58 participants from Kedah, Penang, Perlis and Perak.

• In Malacca (March 15-17, 2008), there were 57 participants from Johor, Negri Sembilan and Malacca.

• In Shah Alam (July 11-13, 2008), the workshop drew 57 participants from Selangor and the Federal Territory of Kuala Lumpur.

During the workshop, participants were introduced to human rights concepts as enshrined in the Universal Declaration of Human Rights 1948 and the CRC.

The workshop also focused on a comparative outlook on human rights and Islam by examining the Cairo Declaration on Human Rights in Islam 1981 and SUHAKAM’s own experience in dealing with such issues; for example, its observations on improving religious practices among prisoners. Participants were given the opportunity to voice their concerns and views as to whether human rights should be spread and taught in religious schools.

Their main concerns:

• Certain articles of the CRC do not seem to be compatible with Islamic values and teachings – for example, the article on freedom of thought, conscience and religion.

• There should be greater focus on teachers’ and parents’ rights than children’s rights.

• Giving students more knowledge and understanding of their rights could instigate them to become rebellious at school and home.

26 CHAPTER 4 (i) - REPORT OF THE HUMAN RIGHTS EDUCATION AND PROMOTION WORKING GROUP

SUHAKAM, however, also received encouraging responses and valuable lessons. For instance, some participants felt that understanding of human rights and child’s rights would:

• improve the teachers’ and school administrator’s compliance with laws related to children’s interest and well being;

• create greater understanding, respect and a better relationship between teachers and students; and

• produce quality students who are not only academically excellent but also emotionally, spiritually and intellectually balanced.

Participants and SUHAKAM Commissioner Tan Sri Dato Dr Asiah Abu Samah at the discussion session in Sungai Petani, Kedah

2. HUMAN RIGHTS EDUCATION IN TERTIARY INSTITUTIONS

On April 17, SUHAKAM conducted a seminar on ‘Human Rights and Higher Learning Institutions: Rights and Responsibility’. This was the first programme organized in collaboration with the Ministry of Higher Education. There were 350 participants, including officers from various departments in the Ministry and university students.

Deputy Minister of Higher Education YB Datuk Haji Idris Haji Haron officiated at the seminar. SUHAKAM invited several human rights experts to share their thoughts and experiences on selected issues.

27 CHAPTER 4 (i) - REPORT OF THE HUMAN RIGHTS EDUCATION AND PROMOTION WORKING GROUP

SUHAKAM Commissioner Al-Fadhil Ustaz Muhammad Uthman El-Muhammady, presented a paper on ‘Human Rights in Higher Learning Institutions’. Tan Sri Mohamed Jawhar Hassan, the Chairman of ISIS, presented a paper on ‘Human Rights in a Plural Society’.

This was followed by a panel discussion on ‘Integration of Human Rights and Responsibility among Students in Higher Learning Institutions’. It highlighted:

• Human rights from the universal and Islamic perspectives;

• Human rights in a plural society like Malaysia and the principles of non-discrimination as guaranteed in the International Bill of Human Rights2 and Federal Constitution;

• The need for a holistic approach in integrating human rights in tertiary institutions;

• The need for guidelines or a module on human rights for university authorities and students;

• The need for individuals to respect the rights of others even while defending their own rights; and

• The need for amendments to the Universities and University Colleges Act 1971 to be in line with international human rights principles.

3. HUMAN RIGHTS FOR INDIGENOUS PEOPLE

SUHAKAM has conducted various dialogues and meetings with Orang Asli communities since its inception in 2000. These sessions have revealed that the right to education is a pressing need for them.

Between November 2007 and July 2008, SUHAKAM organized outreach programmes in Kampung Kuala Gandah, Lanchang, Pahang (Nov 3, 2007); Kampung Kuala Betis, Gua Musang, Kelantan (Feb 22, 2008); and Kampung Sungai Tiang, Grik, Perak (July 4-5, 2008). The main objective was to raise awareness of the right to education among Orang Asli parents and their children.

SUHAKAM invited the Ministry of Education, National Registration Department, Department of Social Welfare, Department of Orang Asli Affairs and Department of Health to take part in the programme.

The activities included:

- Group discussions with Orang Asli parents and students;

- A dialogue session with representatives of all the participating government agencies;

2 The International Bill of Human Rights is the informal name for two international treaties and one General Assembly resolution established by the United Nations. It consists of the Universal Declaration of Human Rights (adopted in 1948), the International Covenant on Civil and Political Rights (1966) with its two Optional Protocols and the International Covenant on Economic, Social and Cultural Rights (1966).

28 CHAPTER 4 (i) - REPORT OF THE HUMAN RIGHTS EDUCATION AND PROMOTION WORKING GROUP

- Documentation towards issuance of birth certificate and identification cards, including a photography session;

- Registration for welfare assistance;

- Clarification of documents by a Commissioner of Oaths; and

- Health screening.

Orang Asli children during an activity in Sg. Tiang, Grik

Problems Faced by Orang Asli Pupils

The group discussions with parents and students highlighted various problems such as absenteeism and why children drop out of the school system.

(i) Transportation The service provider appointed by the Department of Orang Asli Affairs cannot sustain the service due to high maintenance costs. Worse still, there is no transportation at all to some Orang Asli settlements, particularly those in the interior.

(ii) Aid for school equipment Parents complained that the aid meant for their children often does not reach them. Even if it

29 CHAPTER 4 (i) - REPORT OF THE HUMAN RIGHTS EDUCATION AND PROMOTION WORKING GROUP

reaches them, it is not the full allocation. Schools, on the other hand, alleged that the some parents have misused the aid meant for their children.

(iii) Documentation – birth certificate and identification card The location of Orang Asli settlements (especially those in the interior) has deterred parents from registering the birth of children. However, SUHAKAM was told that Orang Asli children are allowed to go to school even without birth certificates and to sit public examinations.

(iv) Welfare aid Orang Asli communities have been identified as living below the poverty line. There are also several cases of single mothers in such communities. As such, the Social Welfare Department’s assistance is crucial.

(v) Learning environment It was reported that the school environment and the curriculum do not cater to the cultural needs of the Orang Asli children.

Participants’ Recommendations

Participants urged the relevant authorities to:

• Make an effort to resolve transportation problems by providing safe, comfortable vehicles and reliable services;

• Make a better effort to resolve issues pertaining to the issuance of birth certificates and identification cards to the Orang Asli;

• Ensure that parents are involved actively in their children’s education;

• Re-evaluate the effectiveness of current pedagogy, training of teachers, curriculum materials and administration of Orang Asli schools in order to ascertain why pupils are not able to acquire 3R skills after completing Level 1 (Year 1-3) or even Level 2 (Year 4-6);

• Identify the children who are not registered in any school in order to enable the formulation of a comprehensive action plan to eradicate illiteracy within these communities;

• Change parents’ way of thinking and attitudes that overlook the importance of education for their children, since it is only through education that they can break free of poverty and economic, social and political distress;

30 CHAPTER 4 (i) - REPORT OF THE HUMAN RIGHTS EDUCATION AND PROMOTION WORKING GROUP

• Address the poor academic performance of Orang Asli children especially in primary schools; and

• Ensure that all educational assistance and funds allocated reach the schools and children on time and are of the standard set by the authorities.

4. RIGHTS OF WOMEN

SUHAKAM has, over the years, been monitoring implementation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). To this end, Roundtable Discussions have been held on women ‘s rights and CEDAW; research has been initiated on specific articles of CEDAW to which Malaysia has entered reservations; and input and feedback has been periodically provided to the Ministry of Women, Family and Community Development.

Following up on these preliminary efforts, EWG established a Sub-Committee on Women’s Rights in February. It comprises representatives of the Ministry, non-governmental organizations working on women’s issues and a number of gender and women’s rights experts and resource persons. Its pioneer project was a CEDAW Orientation Course for 26 SUHAKAM staff and resident facilitators, held from April 9-10.

The objective was to increase understanding of gender and women’s human rights especially within the CEDAW framework and mechanism and to strengthen their capacity in dealing with women’s issues.

Highlights of the course were:

• An introduction to the development of women’s human rights at the international level;

• An explanation of the core principles and articles of CEDAW and its implementation;

• A session on the monitoring framework and case study related to the reservations against CEDAW and;

• A planning session for participants to discuss how to integrate their newly acquired knowledge and skills into their daily work.

The course not only strengthened SUHAKAM employees’ capacity and understanding in the area of women’ rights, but also created more opportunities for the Commission to share its work on CEDAW with civil society groups and widen its network of those working on women’s rights issues.

31 CHAPTER 4 (i) - REPORT OF THE HUMAN RIGHTS EDUCATION AND PROMOTION WORKING GROUP

SUHAKAM has collaborated with the Ministry of Women, Family and Community Development in creating similar courses for government agencies. As a start, SUHAKAM was invited to the training programme for Gender Focal Point on Dec 2 organized by the Ministry. SUHAKAM conducted a session on the ‘State Party’s Role in Implementing CEDAW’.

5. HUMAN RIGHTS PROGRAMME FOR ENFORCEMENT AGENCIES

During the year, SUHAKAM published a human rights manual for law enforcement agencies. This publication, entitled ‘Readings in Human Rights for Law Enforcement’, is used in SUHAKAM’s human rights training programme for law enforcement agencies. The contents, covering key elements of human rights principles, are intended to give officers a better understanding of related issues.

(a) Training for the Police Force

Moving on from training for officers in the Crime Investigations Department, SUHAKAM organized human rights training workshops for Officers-in-Charge of Police Station (OCS). A total of 102 OCS from various districts in Selangor and Perak were involved in the workshops held in June and December.

The workshop was aimed at raising awareness of the officers in promoting and protecting human rights, and developing their ability to prepare human rights-based standing orders for subordinates in executing daily tasks. The focus, therefore, was on fine-tuning departmental procedures based on human rights principles and compliance with international human rights standards on law enforcement.

Resource persons from several human rights organizations were invited to present papers on human rights themes relating to policies and daily duties of the OCS. The participants were assigned work based on case studies on issues and procedures related to deaths in custody, remand orders, freedom of assembly and the interrogation process.

The main issues discussed:

(i) Purpose of investigation A reminder was issued that the purpose of investigations is to solve crimes and to charge the alleged perpetrator in court. The Police should never abuse their power or misuse legislation such as the Internal Security Act 1960 and Emergency (Public Order and Prevention of Crime) Ordinance 1969 to solve cases or detain anyone without trial. Detention without trial is a clear violation of human rights.

32 CHAPTER 4 (i) - REPORT OF THE HUMAN RIGHTS EDUCATION AND PROMOTION WORKING GROUP

(ii) Freedom of assembly Wherever possible, the Police should cooperate with those organizing public assemblies, to ensure the safety of the public and participants. Unfortunately, there have been incidents where the Police have prevented people from assembling for security reasons although there was no evidence to that effect. Furthermore, there have been incidents where the Police have taken action against members of opposition political parties who participated in ‘unlawful assemblies’, but not in other similar cases.

(b) Training for Prison Officials

Two human rights workshops were held for Prison officials, from June 22-24 and from Sept 21-23. These were jointly organized by the Prison’s Correctional Academy and SUHAKAM for 50 participants from around the country.

The main objective was to sensitize Prison officials to their particular role in promoting and protecting human rights and to integrate these into daily work. The programme included paper presentations by SUHAKAM representatives and discussion of case studies.

Participants were also exposed to international human rights standards relevant to the work of Prison officials. Among the issues discussed were the right to physical and moral integrity; right to an adequate standard of living; health rights of prisoners; making prisons a safe place; best use of prisons; and special categories of prisoners such as women, juvenile offenders and persons under detention without sentence.

The issue of overcrowding was raised by both participants and resource persons during the workshops. Overcrowding has prevented Prison officials from conducting rehabilitation programmes effectively. It was said that two main causes of overcrowding are the large number of remand detainees awaiting trial and the increase in the number of detained illegal immigrants.

Early in the year, SUHAKAM had proposed that foreigners detained for immigration offences should be sent home rather than be put through due process of law, in order to alleviate overcrowding in prisons. Under the current system, a foreigner caught for overstaying is charged in court and sent to prison to serve the sentence before being deported.

The participants also discussed the newly introduced parole system. Section 46A of Prison Act 2007, passed by Parliament on Dec 19, 2007, introduces a parole system to reduce overcrowding in prisons and to help ease rehabilitated prisoners back into society. A prisoner serving a minimum one-year sentence will be eligible for parole after serving half the term.

33 CHAPTER 4 (i) - REPORT OF THE HUMAN RIGHTS EDUCATION AND PROMOTION WORKING GROUP

SUHAKAM increased its focus on RELA for its human rights programmes. The Commission was invited to give talks on human rights during RELA’s training courses at centres across Malaysia.

Upon recruitment, RELA members should be exposed to various laws pertaining to their work. This is important because they come from various backgrounds. Increased exposure would help them to conduct their work better and to avoid violating human rights.

The selection and appointment of RELA officers should be carried through a systematic process which carefully evaluates each candidate’s background and qualifications.

6. HUMAN RIGHTS LIBRARY

SUHAKAM’s library is a reference library that aims to become the country’s premier human rights resource centre. The library collects all kinds of literature on human rights. These include books, conference papers, annual reports, law journals and other print materials such as pamphlets, photos and magazines or periodicals through subscription or donations.

Keeping in line with technological developments, the library moved towards digitizing its collection, mainly research reports, rare documents, speeches and presentations on human rights, conference proceedings and photographs. Through digitizing, a large number of documents can be consulted in a user-friendly way, as the goal is to improve access to information on human rights.

MEMBERS OF HUMAN RIGHTS EDUCATION AND PROMOTION WORKING GROUP

Tan Sri Dato’ Dr Asiah Abu Samah (Chairperson) Prof Emeritus Tan Sri Dato’ Khoo Kay Kim Dato’ Dr Abdul Monir Yaacob Dato’ N Siva Subramaniam

34 CHAPTER 4 (ii) REPORT OF THE COMPLAINTS AND INQUIRIES WORKING GROUP

SUHAKAM received 1,136 complaints seeking intervention into various problems. Of these, 532 raised issues of violation of human rights such as freedom of expression and right to education. The other 604 involved alleged administrative inefficiency which should rightly be addressed by the relevant government agencies without delay; crimes that require investigation; and cases that were either pending trial or had been disposed of by the Courts.

The Commission adopted various approaches in responding to the complaints, including providing information and referral to the relevant agencies. In one case the Commission conducted a Public Inquiry into an allegation of excessive use of force by law enforcement personnel during crowd-control operations on May 27 at Persiaran Bandar Mahkota Cheras 1, Bandar Mahkota Cheras.

Figure 1: Complaints Received

1600

1400 1,342 1,222 1200 1,145 1,136

1000

800 614 600

400 319 221 269 200 152

0 2000 2001 2002 2003 2004 2005 2006 2007 2008 Year

Of the 532 complaints classified as violation of human rights, SUHAKAM completed investigations into 217 cases, while the rest are still under investigation (Table 1).

35 CHAPTER 4 (ii) - REPORT OF THE COMPLAINTS AND INQUIRIES WORKING GROUP

Table 1: Breakdown of Human Rights Complaints, 2008

Complaints Peninsula Sabah Sarawak Total

Police Force • Abuse of power 10 2 - 12 • Inaction 10 2 1 13 • Brutality 18 1 - 19

Immigration Department 4 14 - 18

National Registration Department 11 114 2 157

Prison Department 13 - - 13

Anti-Corruption Agency 1 - - 1

Customary / Native Land Rights 2 130 45 177

Emergency Ordinance 57 - - 57

Internal Security Act 7 - - 7

Dangerous Drugs Act 6 - - 6

Migrants 4 6 - 10

Refugees 14 14 - 28

Deaths in Custody 5 1 - 6

Freedom of Religion 1 - - 1

Others 5 - 2 7

Total 168 314 50 532

(a) Complaints against Law Enforcement Agencies/Officers

SUHAKAM received 44 complaints against the Police alleging:

• Abuse, including abuse of remand procedures where a suspect was moved from one police district to another for further detention;

• Inaction in respect of reports lodged;

36 CHAPTER 4 (ii) - REPORT OF THE COMPLAINTS AND INQUIRIES WORKING GROUP

• Brutality during interrogations; and

• Failure to inform family members regarding arrest of suspect.

SUHAKAM has made the following recommendations:

• That the Police should operate within the law;

• That Police personnel should attend human rights training programmes to expand understanding of their role of combating crime while respecting human rights; and

• That the Police should ensure strict adherence to the statutory right of persons arrested to consult a lawyer in accordance with Section 28A of the Criminal Procedure Code. The said section requires the Police to inform a person of the reason for his arrest and to inform him of his right to contact his lawyer and family.

(b) Detention under Internal Security Act 1960 (ISA), Emergency (Public Order and Prevention of Crime) Ordinance 1969 and Dangerous Drugs (Special Preventive Measures) Act 1985

The Complaints and Inquiries Working Group received 70 complaints regarding detention under the preventive laws (Table 2).

The year saw arrests and detention of members of the Hindu Rights Action Force, bloggers and some Members of Parliament under the ISA. They were said to be detained for security reasons. In this regard, SUHAKAM maintains that no person should be detained without trial but should be charged under the appropriate law if there is sufficient evidence justifying such action.

Table 2: Complaints on Detention under Preventive Laws, 2008

Act / Statute No of Cases

Emergency Ordinance (Public Order and Prevention of Crime) 57 Ordinance 1969

Internal Security Act 1960 7

Dangerous Drugs (Special Preventive Measures) Act 1985 6

37 CHAPTER 4 (ii) - REPORT OF THE COMPLAINTS AND INQUIRIES WORKING GROUP

The complaints received in regard to detention under preventive laws include the allegation that the Police resort to preventive laws to extract evidence.

SUHAKAM received two complaints regarding the health of ISA detainees. In one case SUHAKAM found that the detainee concerned is paralysed from the waist down. On the basis of his medical report, SUHAKAM recommended that the authority reviews his detention because he could not possibly pose a threat to national security in view of his health condition. In another case where a detainee is a diabetic, SUHAKAM found that the authority had provided adequate medical attention and a suitable diet.

Concerned by the rise in complaints relating to preventive laws, SUHAKAM proposed a ‘Closed-door Discussion on Issues of Preventive Law’ with relevant government agencies on Nov 26. Invitations were sent to various Ministries and agencies to participate in the discussion. However, SUHAKAM had to call off the discussion as those concerned declined the invitation.

SUHAKAM received five complaints concerning deaths in custody and carried out investigations by visiting the places of detention where the deaths had occurred. The Commission requested applicable information from the detaining and other relevant authorities.

Of these complaints SUHAKAM found that two detainees had committed suicide. In the other three cases, SUHAKAM has recommended that an inquest be held to determine the cause of death. At the time of writing, the inquest has yet to be conducted in all the three cases.

(d) Right to Customary/Native Land

(i) Customary Land Rights of Orang Asli in Peninsular Malaysia The term ‘aborigine’ or ‘Orang Asli’ is defined in the Aboriginal Peoples Act 1954 as the Indigenous Peoples of Peninsular Malaysia. During the year, SUHAKAM received two complaints involving alleged violation of Orang Asli customary land rights.

In both cases, the Orang Asli communities claimed that their ancestral land had been encroached upon by trespassers. This community claims ownership of native customary land based on the fact that their ancestors were the first to discover and explore the land and that the community subsequently inhabited the land for generations. However, since they have no title to the land, disputes can arise over ownership, especially when the land is registered in the name of another person. Malaysian land law confers indefeasibility of title to the registered owner of any land.

38 CHAPTER 4 (ii) - REPORT OF THE COMPLAINTS AND INQUIRIES WORKING GROUP

SUHAKAM referred these cases to the relevant authorities with the recommendation that they should respect the customary land rights of the Orang Asli even though the land has not been registered in their names.

(ii) Native Customary Land Rights (NCLR) in Sabah and Sarawak Since the start of its operations in Sabah and Sarawak, SUHAKAM has received various complaints and memoranda from native communities relating to NCLR. During the year, the Sabah office received 29 complaints, while Sarawak recorded 18.

To address recurring complaints, SUHAKAM undertook research and published a report on ‘Legal Perspectives on Native Customary Land Rights (NCLR) in Sarawak’. Based on the findings, SUHAKAM has made various recommendations to ensure the protection of NCLR in Sarawak1.

In view of the increasing number of complaints about NCLR in Sabah, SUHAKAM has agreed to undertake similar research in Sabah in 2009.

(e) Trafficking in Persons

On April 10, the Alliance Anti-Traffic based in Thailand informed SUHAKAM about 17 Thai nationals detained in Malaysia who were believed to be victims of human trafficking. With cooperation from members of Malaysia’s Council for Anti-Trafficking in Persons, SUHAKAM was able to obtain additional information.

It was discovered that the 17 were rescued by the Police during two raids in Johor Bahru and placed in a special shelter. As a result of investigations, a man was arrested and charged under the Anti-Trafficking in Persons Act. The Police have also assured SUHAKAM that they are doing their best to rescue more victims of human trafficking and to bring offenders to justice.

(f) Asylum Seekers and Refugees

SUHAKAM received 14 complaints relating to asylum seekers and refugees. Most of the complaints related to:

(i) Arrests and detention of asylum seekers and refugees Many asylum seekers and refugees were detained and the majority of them were deported. Those deportees who have re-entered Malaysia claimed that while in detention, they had been forced to opt for voluntary deportation in order to escape prolonged detention.

1 See Chapter 4(iii) of this Annual Report for details.

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(ii) Access to basic education SUHAKAM received complaints from refugees regarding their children’s access to basic education in Malaysian schools. They alleged that child refugees or asylum-seeking children have little or no access to basic education.

(iii) Right to livelihood There were also complaints that, due to lack of recognition of their status, refugees have to take up irregular employment to make a living.

To address these issues, SUHAKAM recommends that the Government ratifies the International Convention on Refugees 1951 and takes necessary measures to fully respect the international customary law of non-refoulment.

In the meantime, SUHAKAM advises the Government to act immediately on recommendations of the Committee on the Elimination of All Forms of Discrimination against Women and recommendations of the Committee on the Rights of the Child. These include inter alia:

• Adopting laws and regulations concerning the status of asylum seekers and refugees, in line with international standards to ensure protection, in particular for women and children.

• Providing asylum-seeking and refugee children with access to free and formal primary, secondary and other forms of education, and access to official examinations for those in informal education.

• Strengthening collaboration with the UNHCR and other agencies to address humanitarian concerns to asylum-seeking and refugee children, including providing access to persons of concern in detention.

(g) Migrant Workers

SUHAKAM received five complaints from individuals and non-governmental organizations in relation to common issues faced by migrant workers. The complaints involved cases where migrant workers were detained despite being in possession of a valid working permit.

Other migrant workers claimed that their employers had retained their passport, thereby leaving them vulnerable to arrest, while some alleged they had been promised jobs by outsourcing companies and had paid a ‘recruitment fee’ to enter Malaysia to secure jobs.

SUHAKAM has recommended that strict action be taken against employers who violate Section 12(f) of the Passport Act 1966 which states: ‘It shall be an offence for a person to have in his possession

40 CHAPTER 4 (ii) - REPORT OF THE COMPLAINTS AND INQUIRIES WORKING GROUP any passport or internal travel document which is issued for the use of some person other than himself without lawful authority.’ In addition, the Government should consider reviewing its policy on outsourcing recruitment of foreign workers.

VISITS TO PLACES OF DETENTION

SUHAKAM conducted 37 visits to places of detention such as prisons, Immigration detention centres and Police lock-ups nationwide (Table 3). Of these, eight were visits to prisons, 23 to Immigration detention centres and six to Police lock-ups. The visits were made either in response to complaints or on SUHAKAM’s initiative, pursuant to Section 4(2)(d) of the Human Rights Commission of Malaysia Act 1999.

Table 3: Visits to Places of Detention, 2008

NO DATE PLACES OF DETENTION

1. Jan 21 Sri Aman Prison, Sarawak

2. Jan 21 Semuja Detention Centre, Sarawak

3. Jan 22 Miri Prison, Sarawak

4. Jan 24 Migrants Workers Processing Centre, KLIA, Sepang

5. Jan 24 Immigration Detention Depot, KLIA, Sepang

6. Feb 4 Kamunting Detention Centre, Perak

7. Feb 13 Simpang Renggam Rehabilitation Centre, Johor

8. Feb 22 Temporary Detention Centre, Tawau

9. Feb 22 Tawau Prison, Sabah

10. Feb 25 Penang Prison, Penang

11. March 13 Johor Bahru Prison, Johor

12. March 13 Skudai Police Station, Johor

13. March 14 Pekan Nenas Detention Centre, Johor

14. March 18 Batu Gajah Rehabilitation Centre, Perak

15. April 22 Kamunting Detention Centre, Perak

16. April 24 Immigration Detention Centre, Lenggeng, Negri Sembilan

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NO DATE PLACES OF DETENTION

17. April 29 Muar Rehabilitation Centre, Johor

18. April 29 Muar District Police HQ, Johor

19. April 30 Seremban District Police HQ, Negri Sembilan

20. May 3 Police Remand Centre, Kuala Lumpur

21. May 7 Kamunting Detention Centre, Perak

22. May 23 Sungai Buloh Prison, Selangor

23. June 13 Kota Kinabalu Central Prison, Sabah

24. June 13 Kota Kinabalu Women’s Prison, Sabah

25. June 24 Immigration Detention Centre, Semenyih, Selangor

26. Aug 28 Immigration Detention Centre, Machap Umboo, Malacca

27. Sept 5 Immigration Detention Centre, Menggatal, Sabah

28. Sept 6 Immigration Detention Centre, Sandakan, Sabah

29. Sept 8 Immigration Detention Centre, Lenggeng, Negri Sembilan

30. Sept 15 Kamunting Detention Centre, Perak

31. Sept 18 Simpang Renggam Rehabilitation Centre, Johor

32. Oct 8 Perak Tengah District Police HQ

33. Oct 20 Camp Paradise, Kota Belud, Sabah

34. Nov 18 Kamunting Detention Centre, Perak

35. Nov 27 Kedah Police Contingent

36. Dec 4 Machang Rehabilitation Centre, Kelantan

37. Dec 31 Pusat Serenti Raub, Pahang

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SUHAKAM conducts regular visits to places of detention to monitor conditions and to ensure that these are consistent with internationally recognized human rights standards such as Standard Minimum Rules of Places for the Treatment of Prisoners.

(a) Overcrowded Facilities

The overall prison population had grown to 36,6022 inmates by December. This has caused overcrowding in most of the prisons visited. For example, on May 23, the Sungai Buloh Prison in Selangor housed 5,600 inmates, exceeding its gazetted capacity of 2,200.

In addition to existing mechanisms such as the parole system, SUHAKAM recommends that the Government considers alternative punishment, such as the Electronic Tagging System (ETS) for those charged with minor offences. The ETS allows offenders to be monitored instead of being held in prison. An individual can be observed via a computer system set up at the prison, with the person’s profile and personal information being registered in the system.

In respect of Immigration detention centres, SUHAKAM found that the problem of overcrowding stems from delays in confirming the nationality of detainees and delays in issuance of relevant travel documents by their respective foreign missions. While in detention, the detainees are provided basic necessities and amenities.

In relation to foreign nationals, SUHAKAM recommends that they be repatriated to complete their sentence in their home-country whenever possible. Similarly, to reduce the number of detainees at Immigration detention centres, SUHAKAM recommends that the Government reviews related legislation to allow for immediate repatriation of undocumented immigrants.

(b) Upgrading of Facilities

The facilities at old prisons need to be upgraded. This includes the need to install a sanitary toilet facility in each cell in the Penang and Johor Bahru prisons.

SUHAKAM found that food prepared in prisons is based on dietary advice by the Ministry of Health. Except in the Johor Bahru Prison which houses remand prisoners, the preparation of food in other facilities is done by the prisoners themselves. In Johor Bahru Prison, the prisoners complained of the poor quality of food served. SUHAKAM has recommended that the quality be brought in line with the Ministry’s dietary guidelines.

2 Source: Prison Department of Malaysia

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(d) Vocational Courses

SUHAKAM observed that the Prison Department provides various vocational programmes including an agricultural course, and sewing, woodcraft, and mechanical and electrical training to inmates. However, due to overcrowding, not all the inmates are able to fully utilize these programmes.

SUHAKAM recommends that the authorities introduce more types of vocational courses. They should consider forming a partnership with the private sector to come up with programmes that provide inmates with adequate skills-training.

(e) Young Inmates in Prison and Unaccompanied Children in Immigration Detention Centres

SUHAKAM commends the Prison Department’s initiative to introduce Sekolah Integriti in juvenile prisons. This is in line with SUHAKAM’s previous recommendation that young prisoners should have an equal opportunity to continue with formal education.

The Commission further welcomes the cooperation of the Ministry of Education to allocate teachers to these schools. This will ensure that education for young prisoners is integrated with the national educational system. Upon their release, they can continue their education. The authority should also encourage young prisoners to pursue education up to tertiary level if possible.

SUHAKAM further notes the Prison Department’s initiative to foster cooperation with the private sector to provide vocational and technical education for young prisoners. SUHAKAM supports this and urges the private sector to volunteer services as part of its social responsibility.

The Commission found that unaccompanied children are being placed with adults at various Immigration detention centres, except at the Menggatal Centre in Sabah. This runs contrary to the human rights principle that requires children to be separated from adults.

SUHAKAM recommends that the authorities develop a system to address this problem. Children should only be detained in detention centres as a measure of last resort and for the shortest appropriate period of time. The authorities should consider less restrictive alternatives that may be available to an individual child before deciding to place that child in a detention centre.

SUHAKAM further reiterates the recommendation of the Committee on the Rights of the Child to Malaysia – which is a State Party to the Convention on the Rights of the Child – that legislation be enacted to deal with the issue of unaccompanied children.

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(f) Health Care

SUHAKAM observed that there are no medical officers in most of the Immigration detention centres and in cases of emergency, the detainees are sent to the nearest clinic or hospital. At some detention centres there are trained officers (the medical orderly) to provide basic assistance. However, the Kemayan Detention Centre has taken the initiative to appoint a panel clinic. The doctor visits the detention centre once a week.

SUHAKAM recommends that all Immigration detention centres should have a doctor or medical officer, in line with international requirements. In the interim, the Immigration Department should consider appointing panel clinics to serve all detention centres.

(g) Management of Places of Detention

SUHAKAM observed that there is a shortage of officers and staff at almost all prisons and Immigration detention centres. SUHAKAM recommends that the Government recruits personnel, who will then require appropriate training on human rights.

Mindful that Immigration officers are not trained to manage detention centres, and in particular to understand the rights of detainees, SUHAKAM strongly recommends that the Immigration Department provides the requisite training. SUHAKAM would be happy to assist with this.

SUHAKAM further recommends that all staff at prisons and Immigration detention centres should undergo stress tests and stress management courses, and receive psychology-related training on how to interact with and handle prisoners.

(h) Incidents of Rioting in Places of Detention

Rioting was reported to have taken place at the Lenggeng Immigration Detention Centre in Negeri Sembilan and in Johor Bharu Prison, Johor, during the year.

(i) Riot at the Lenggeng Immigration Detention Centre The incident occurred on April 21. It was alleged that a group of Myanmar refugees had started a fire that caused damage to the facility. When SUHAKAM investigated the incident, the Immigration Department claimed that the riot was sparked after some Myanmar detainees were told by the UNHCR that their resettlement applications were unsuccessful. However, the detainees claimed that Immigration officers had inflicted injuries on eight detainees after finding a cigarette butt in a cell.

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SUHAKAM has recommended that the Immigration Department conducts an internal investigation and, if there is sufficient evidence, to take appropriate action against those involved.

(ii) Riot at the Johor Bharu Prison On July 14, a riot broke out when some detainees attacked the staff. SUHAKAM’s investigation found that the prisoners had instigated the riot when the staff confiscated contraband items including mobile phones, phone chargers and SIM-cards found on them.

MEMBERS OF THE COMPLAINTS AND INQUIRIES WORKING GROUP

Dato’ Haji Khalid Haji Ibrahim (Chairperson) Tan Sri Datuk Seri Panglima Simon Sipaun Datuk Dr Chiam Heng Keng Dr Mohammad Hirman Ritom Abdullah Dato’ Dr Abdul Monir Yaacob Dato’ N Siva Subramaniam Dato’ Muhammad Shafee Abdullah Dato’ Dr Michael Yeoh Oon Kheng Datin Paduka Zaitoon Dato’ Othman

46 CHAPTER 4 (iii) REPORT OF THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS WORKING GROUP

Progressing from its activities in previous years, the Economic, Social and Cultural Rights Working Group (ECOSOC) continued to address issues of economic, social and cultural rights especially among marginalized and disadvantaged groups.

Over the year, ECOSOC focused on the right to health, Native Customary Right (NCR) to land, freedom from poverty, equality and non-discrimination. It carried out dialogues, meetings with stakeholders, studies and research.

The Commission, at its 105th Meeting on Nov 10, decided to merge the ECOSOC and the Civil and Political Rights (CPR) Working Group. The expanded entity was named the Economic, Social, Cultural & Civil and Political Rights Working Group1. As each group had carried out substantive work by then, the decision was also made to account for their activities separately in this Report.

1. RESEARCH ON LEGAL PERSPECTIVES ON NATIVE CUSTOMARY LAND RIGHTS IN SARAWAK

On Aug 12, SUHAKAM launched its report, ‘Legal Perspectives on Native Customary Land Rights (NCLR) in Sarawak’. YB Dato Sri Dr James Jemut anak Masing, the State Minister of Land Development in Sarawak, officiated at the event held in Kuching. SUHAKAM Commissioners, several State Ministers, Government officials, representatives of non-governmental organizations (NGOs) and more than 100 Indigenous People were present.

In conjunction with the launch, SUHAKAM hosted a talk on ‘Indigenous Peoples’ Land Rights: International and National Perspectives’ by Dr Ramy Bulan of Universiti Malaya. SUHAKAM had commissioned her to carry out research into NCLR and write the report.

SUHAKAM undertook the year-long research after it found that the majority of disputes between the native communities and State Government, as well as private plantation companies, arose from a

1 Refer to pg 60 & pg 83 for the compostion of Economic, Social, Cultural & Civil and Political Rights Working Group as from Nov 10.

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perception gap on what was understood by the natives as acceptable methods of establishing claim to native land against the provisions specified by the Sarawak Land Code 1958.

The Code has weakened recognition of customary laws and practices such as land ownership – certain customs and practices are not reflected in the Code as legally accepted methods by which NCRto land may be exerted. This has imposed an unreasonable burden on native groups in establishing such a right.

There is greater erosion of the right due to the absence of delineation and official documentation of NCR, and a legal provision that permits the State Government to extinguish NCR solely on the directive issued by the Minister in charge.

SUHAKAM affirms that customary rights and laws which have existed should be the foundation of statutory laws. SUHAKAM also affirms the need to ensure that legislation strengthens and protects customary rights and laws, instead of eroding these.

SUHAKAM’s Recommendations

(i) The Sarawak Government should review the Code to ensure that it promotes and continually protects the rights of the indigenous groups to their customary land.

(ii) Such a review should include:

• Customs and practices governing the establishment of ownership to land and subsequent inheritance – these should be codified to ensure that such rights are not eroded in future;

• Recognition of methods of land occupation that arise out of native customs and tradition is proof of ownership and therefore not subjected to the Code, which creates a burden in establishing ownership via documentary evidence;

• Protection of native title rights which cannot be taken away except in accordance with law and upon payment of adequate compensation;

• The fiduciary obligation of Government officials to consult and obtain consent of native communities prior to taking action that may infringe on native title rights.

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2. RESEARCH ON NATIVE LAND RIGHTS IN SABAH AND PENINSULAR MALAYSIA

The Commission at its meetings on June 9 and Sept 2 decided to undertake two additional research projects to look respectively into native land rights among indigenous communities in Sabah and the Orang Asli in Peninsular Malaysia.

The terms of reference mirror those adopted for the study on legal perspectives on NCLR in Sarawak. Upon completion of research, a comparative study will be carried out to ascertain the commonalities of issues on NCLR in Sarawak, Sabah and Peninsular Malaysia.

These studies are expected to help enhance the promotion and protection of human rights pertaining to land rights and the development dimension, consistent with the UN Declaration on the Rights of the Indigenous People.

3. CONCERNS OVER THE MURUM HYDROELECTRIC PROJECT AND ITS IMPACT ON THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF INDIGENOUS PEOPLES IN SARAWAK

The Sarawak Government’s decision on Aug 42 to develop the Murum Hydroelectric Project (Murum Dam) resulted in public criticism of the authorities as well as concerns being voiced about the impact of the project on the economic, social and cultural rights of affected indigenous communities.

SUHAKAM, being just as concerned, conducted a series of meetings with stakeholders – with representatives of Federal and State agencies on Aug 25 in Kuching; with community leaders from affected Penan villages on Sept 13 in Bintulu; and with representatives of several NGOs and groups on Oct 20 in Kuala Lumpur.

2 Borneo Post Online

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Dialogue with indigenous community leaders and representatives of affected Penan villages on Sept 13

The following issues were identified:

(i) It appears that there is a shortfall in the extent of free, prior and informed consultation with the affected communities, civil society organizations and environmental groups. While representatives of the Government had met with the villagers affected, such sessions were merely to impose directives with which the communities have to comply.

(ii) It is paradoxical that work on a mega-project has been contracted out even before the Environmental Impact Assessment study has been finalized. Civil society groups also do not have access to the report.

(iii) There has been no resolution of the Penan Community’s right to establish NCR to land on which they have resettled. The Sarawak Land Code 1958 does not provide for some native communities to establish ownership of land that they have occupied for generations. This typically leads to failure to compensate or under-compensation for internally displaced and affected communities when the land is acquired.

(iv) The affected Penan villages are marginalized communities. Due to their scattered and remote habitation, the villagers do not have access to basic amenities and services, while many do not have personal identification documents. The vast majority still lives in abject poverty, and the

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Government’s poverty eradication programmes do not seem to have reached them. Now, they are being threatened by logging and land development activities.

At the time of writing, SUHAKAM was finalizing its observations and recommendations. Upon adoption by the Commission, the report will be forwarded to the relevant Government agencies for consideration. Copies will also be extended to NGOs, universities and other interested parties to raise awareness of NCR issues.

4. DIALOGUES ON HUMAN RIGHTS AND ACCESS TO EQUITABLE HEALTHCARE

Following the first dialogue on ‘Human Rights and Access to Equitable Health’, held in Sarawak on Nov 5, 2007, ECOSOC organized two more on the same theme during the year under review. These were held in Sabah on Jan 8 and in Kelantan on Aug 10.

The dialogues were held to ascertain concerns and views on improving the nation’s capacity to provide and sustain equitable, quality healthcare services to the population with an emphasis on human rights. Another aim was to highlight needs that the Government could take into consideration when implementing programmes, with particular focus on marginalized or disadvantaged groups.

Based on input at previous meetings that had discussed the right to health, SUHAKAM focused on issues affecting health and healthcare services of people in the less-developed States of Sarawak, Sabah and Kelantan. Special attention was given to the needs of poor, rural and isolated communities as well as other economically and socially disadvantaged groups in these States.

Representatives of the relevant State Health Departments, District Health Offices and other government agencies attended the dialogue, alongside those from NGOs, academia and interested groups.

Among the issues highlighted were:

(i) Poor physical access to healthcare services Those living in rural and isolated villages have poor access to clinics and healthcare services. Other problems involve limited services for the ageing population and persons with disabilities; insufficient specialists in government hospitals due to migration of personnel from the public to the private health sector; and limited access to fundamental determinants of health3.

3 The United Nations Economic and Social Council, in its General Comment on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, states that ‘The right to health is an inclusive right, extending not only to timely and appropriate health care, including access to essential medicines, but also to the underlying determinants of health, such as access to safe and potable water and adequate sanitation’ as well as nutritious food, housing, healthy occupational and environmental conditions and access to health-related information and education, including sexual and reproductive health.

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During the open discussion session, SUHAKAM Commissioners, speakers and participants expressed concern over inequalities in access to healthcare services in Malaysia

(ii) Poverty Poverty prevents many people from being able to pay for healthcare services; Foreigners are required to pay more than locals.

(iii) National Health Financing Mechanism (NHFM) The Government’s proposal to implement the NHFM continues to be a concern because information is still not publicly available. The process of formulating the scheme lacks public participation.

(iv) Commercial approach The healthcare system was criticized as being driven by commercialization instead of human rights. This is apparent with the mushrooming of state-of-the-art facilities and health tourism that caters to the elite, when many others lack access to even basic health needs.

(v) Inadequate knowledge Many people still do not understand the importance of good health including the need to consult physicians. There was also lack of awareness of the public, especially in rural areas, on the importance of shared responsibility to encourage health and hygiene.

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5. RESEARCH ON APPLYING THE MILLENNIUM DEVELOPMENT GOALS TO MICRO-COMMUNITIES/ GROUPS: RIGHTS OF THE ECONOMICALLY DISADVANTAGED IN KAMPUNG TELAGA IN PITAS, SABAH, AND KAMPUNG BELADIN IN PUSA, SARAWAK

Sustaining its human rights approach to the Millennium Development Goals (MDGs) in Malaysia, ECOSOC carried out two more studies which looked at economically disadvantaged communities in Kampung Telaga in Pitas, Sabah, and Kampung Beladin in Pusa, Sarawak (Table 1).

The studies, part of a series that began in Kuala Lumpur in 2007, are to ascertain issues affecting the communities with respect to their economic, social and cultural rights, based on certain goals and targets of the MDGs – in particular, poverty, education, gender equality and healthcare.

Table 1: Studies on Economically Disadvantaged Groups

Location Kampung Telaga, Kampung Beladin, Pitas, Sabah Pusa, Sarawak Full survey via questionnaires Jan 5-11 March 24-29

Dialogue with residents Jan 9 April 4

Meeting with relevant government agencies June 13 June 24

Collection of secondary data Throughout research period

For the purpose of the survey, a sample size of 100 households was used in each village. While the surveys focused on economically disadvantaged or poor communities, the sampling at each village was done randomly.

Complementing the surveys were dialogues with the villagers, to give them an opportunity to highlight other issues that may have been omitted by the survey and to verify the information obtained by SUHAKAM through the survey.

To enable SUHAKAM to clarify the issues and ensure the objectivity of the studies, ECOSOC also met with representatives of the relevant District, State and Federal government agencies, who were presented with the preliminary findings of the surveys and dialogues. During the meetings, the representatives gave their feedback on the issues highlighted.

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Among the issues affecting the two villages are: (i) Poverty Based on the surveys, it was found that about 80% of the samples in both villages earn less than the official non-food based Poverty Line Income for rural areas of Sabah 4and Sarawak . The main occupations include fishing and farming. The villagers have limited access to jobs, poverty eradication programmes and government assistance.

(ii) Low level of formal education The majority of the villagers, in particular those below the age of 50, had only received primary education. Most of the elderly have not had formal education.

(iii) Poor health facilities While villagers have access to clinics, they said the facilities are inadequate for their health needs. They also cited the lack of clean water and poor sanitation and drainage as having an impact on their health.

(iv) Amenities lacking Generally, there is poor access to basic infrastructure like roads and amenities like water and electricity supply. Issues concerning land, housing and security are other concerns.

At the time of writing, the findings of the surveys were being tabulated and analysed by SUHAKAM. In addition, the Kuala Lumpur City Hall’s MDG report is being finalised, following the survey carried out in 2007.

6. RESEARCH ON APPLYING THE MILLENNIUM DEVELOPMENT GOALS TO MICRO COMMUNITIES/ GROUPS: RIGHTS OF THE ECONOMICALLY DISADVANTAGED IN KELANTAN

On Aug 9, ECOSOC carried out visits and dialogues with communities in three villages in Kelantan – Kampung Kolam Gelang Mas in Pasir Mas, Kampung Pulau Teluk Rajuna and Kampung Bharu Nelayan in Tumpat.

Based on SUHAKAM’s observations and discussions with representatives of the villages, the following issues were identified:

4 SUHAKAM’s surveys found that about 80% of the 100 sample in Kampung Telaga were earning less than RM897 a month, the official non-food based PLI for rural areas in Sabah; 84% of the 100 samples in Kampung Beladin were earning less than RM753 per month, the official non-food based PLI for rural areas in Sarawak.

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(i) SUHAKAM observed that poverty is prevalent in Kampung Kolam Gelang Mas in Pasir Mas and Kampung Bharu Nelayan in Tumpat. The respective main occupations are paddy farming and fishing.

(ii) Women are actively involved in cottage industries such as making handicraft and producing food- items. However, limited availability of government assistance, such as micro-credit schemes, has thwarted the expansion of their business and marketing of their products.

(iii) The dropout rate among schoolchildren from Kampung Kolam Gelang Mas is extremely high. Village representatives estimated that 10 children out of every 20 households have dropped out of school.

(iv) Villagers from Kampung Kolam Gelang Mas said the nearest healthcare centre from the village is in Meranti, about 6km away.

(v) Use of illegal substances is prevalent among youths in Kampung Kolam Gelang Mas and Kampung Bharu Nelayan. This was attributed in part to the proximity of the villages to the Thai- Malaysia border.

7. ANTI-HUMAN TRAFFICKING ACTIVITIES

SUHAKAM’s activities pertaining to Anti-Human Trafficking focused on its role as a member ofthe Council on Anti-Trafficking in Persons, which was established under the Anti-Trafficking in Persons Act 2007 (Act 670, ATIP).

During the year, SUHAKAM actively engaged in the Council’s meetings to highlight the relevant human rights issues with respect to human trafficking, especially the human rights of victims.

The Council established three committees, one of which is on the shelter and rehabilitation of victims of human trafficking. SUHAKAM was appointed to this committee. As its contribution, SUHAKAM outlined several awareness-raising programmes for the public on the dangers of human trafficking, and training programmes for officials by experts on such issues as handling adult and child victims.

SUHAKAM also intensified engagement with embassies, agencies and NGOs from countries suchas Thailand to raise cooperation in curbing the incidence of human trafficking. It worked through the ASEAN Four National Human Rights Institutions Consultation Mechanism in which Malaysia, Indonesia, The Philippines and Thailand are represented.

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Through such involvement, SUHAKAM was able to identify several concerns on certain aspects of the year-old ATIP, other matters on the protection of victims, and international collaboration:

(i) Victims arrested and detained by law enforcement authorities under Immigration law prior to the enforcement of the ATIP cannot be released using the provisions of the latter legislation.

(ii) There is no clear provision to ensure the safe and secure return of victims of human trafficking to their country of origin.

(iii) There is no clear provision for protection and support of victims under the ATIP.

(iv) The language barrier often impedes effective communication between SUHAKAM and foreign women in detention centres.

(v) The lack of collaboration between countries has made tracking of traffickers and victims more difficult.

(vi) The Immigration Department works closely with foreign embassies to identify their nationals held in detention centres. However, SUHAKAM was informed that some embassies were unaware of such detention as they were not notified by the Immigration Department.

As a preliminary effort to take on these issues, SUHAKAM engaged with its Thai counterpart and Thai NGOs like the Alliance Anti Traffic and Acting for Women in Distressing Situations. Following this, SUHAKAM scheduled a visit to the Kradtrakarn Protection and Occupational Development Centre and Immigration Detention Centre in Bangkok from Dec 2-4.

The purpose was to promote exchange of information on the mechanism adopted by Thailand and Malaysia to protect and support victims of human trafficking; to understand the relevant anti-trafficking laws in both countries; and to identify possible avenues for cooperation between SUHAKAM and the relevant agencies and organizations in Thailand.

However, political turmoil in Thailand led to the temporary closure of the Suvarnabhumi Airport and forced SUHAKAM to put off the visit to 2009, together with several proposed Roundtable Discussions and dialogues as part of the follow-up programme.

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8. HUMAN RIGHTS AND CITIZENSHIP IN SABAH: ITS IMPACT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

On June 10, ECOSOC held a meeting with representatives of relevant government agencies to discuss SUHAKAM’s preliminary findings from an earlier study on ‘Human Rights and Citizenship in Sabah: Its Impact on Economic, Social and Cultural Rights’.

The meeting, held at SUHAKAM’s office in Kuala Lumpur, was attended by representatives of the Home Ministry, Immigration Department, National Security Council, National Registration Department in Sabah and the Sabah Department of Health, among others.

The issues highlighted included the abnormal increase in the population of Sabah; dubious issuance of identity cards to foreigners; voting rights; and the issuance of IMM13 cards.

The Home Ministry representative agreed to collect and consolidate information from different agencies and departments, on the issues raised. At the time of writing, SUHAKAM had yet to receive those responses.

9. ROUNDTABLE DISCUSSION ON THE RIGHTS OF ETHNIC MINORITIES AND MARGINALIZED COMMUNITIES

On Nov 19, ECOSOC organized the Roundtable Discussion (RTD) on the Rights of Ethnic Minorities and Marginalized Communities in Malaysia. The RTD was aimed at reviewing the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities and UN Declaration on the Rights of the Indigenous People, alongside the Federal Constitution, in order to ensure effective promotion and protection of minority rights in Malaysia.

In addition, the RTD provided a platform for different views on the status of minority groups and marginalized communities; to identify common areas of concern; and to draw up strategies and recommendations for promotion and protection of their rights.

This RTD was held after a preliminary consultation with concerned NGOs on Aug 27 to identify emerging issues affecting economic, social and cultural rights.

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At the RTD were participants from relevant government agencies, NGOs, academia and interested individuals including the Department of Orang Asli Affairs, Centre for Orang Asli Concerns; National Human Rights Society; Educational, Welfare & Research Foundation Malaysia, Persatuan Siam Malaysia, Universiti Malaysia Sarawak, Kadazandusun Cultural Association, and others.

The presentations were based on relevant UN Declarations and issues affecting the human rights of Indigenous Peoples in Peninsular Malaysia, Sabah and Sarawak; displaced plantation workers in urban poor neighbourhoods; and the Thai minority in the country.

Participants discussed related matters like urban poverty, NCR to land, undocumented Malaysians, access to health, education and employment opportunities, and need for facilities such as roads and amenities like utility supplies.

SUHAKAM affirmed that public policy and services must be made accessible to all vulnerable, disadvantaged and marginalized communities, especially in relation to economic, educational and social development opportunities. Mechanisms must be further developed to enhance social inclusion through effective delivery and implementation.

10. ROUNDTABLE DISCUSSSION ON LEGAL EMPOWERMENT OF THE POOR

On Sept 16, ECOSOC organized the RTD on Legal Empowerment of the Poor at SUHAKAM’s office in Kuala Lumpur. The main objective was to assess the situation of the poor in regard to human rights and the law.

The point of reference of the RTD was the report entitled ‘Making the Law Work for Everyone’, published by the UN Commission on Legal Empowerment of the Poor. A review was made of the four pillars of legal empowerment of the poor by noting their applicability to the Malaysian context. Recommendations were drawn up for policy makers.

SUHAKAM affirms that as nations progress, the definition of poverty is gradually being viewed from a broader perspective – no longer only as a situation of inadequate income, but also taking into account aspects concerning human rights. The human rights approach is adopted in poverty reduction so that strategies can be based on recognized norms and values set out by international law and reinforced by legal obligation5. In this way, efforts to eradicate poverty are not seen as acts of charity but as the duty of governments, who should empower the poor through legal means.

5 See para 3 of the ‘Draft Guidelines: A Human Rights Approach to Poverty Reduction Strategies’, p.5. See also UNHCHR website www.unhchr.ch/development/povertyfinal.html.

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The Commission on Legal Empowerment of the Poor has developed a comprehensive agenda with four critical pillars on which national and international efforts are anchored in protecting and creating opportunities for the poor. These include access to justice and the rule of law; property rights; labour rights; and business rights6.

Referring to these pillars, participants at the RTD raised the following issues:

(i) The agenda to empower the poor through legal recognition could be initiated by addressing persistent issues like stateless people and undocumented Malaysians and migrants; legal recognition of NCR to land; and recognition of the informal labour market.

(ii) Empowerment of the poor could be achieved through access to the right to information and education, as well as access to business opportunities.

(iii) Although the Government has made notable progress in terms of the advancement of women’s rights, some aspects still need critical attention. These include property or asset division and settlements in some divorce cases where the rights of women seem to be subordinated or even appear to be non-existent.

(iv) The Government should ensure that all private sector companies fulfil their social responsibility to the poor.

MEMBERS OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS WORKING GROUP (up to Nov 9)

Datuk Dr Denison Jayasooria (Chairperson) Tan Sri Datuk Seri Panglima Simon Sipaun Dr Mohammad Hirman Ritom Abdullah Datuk Dr Raj Abdul Karim Tunku Datuk Nazihah Tunku Mohamed Rus Dato’ Haji Khalid Haji Ibrahim

6 The Commission on Legal Empowerment of the Poor in its report on ‘Making the Law Work for Everyone’ argues that four billion people around the world are robbed of the chance to better their lives and climb out of poverty, because they are excluded from the rule of law. Whether living below or slightly above the poverty line, these men, women, and children lack the protections and rights afforded by the law. The Commission says that in too many countries, the laws, institutions, and policies governing economic, social, and political affairs deny a large part of society the chance to participate on equal terms. The rules of the game are unfair. This is not only morally unacceptable; it stunts economic development and can readily undermine stability and security. The outcomes of governance – that is, the cumulative effect of policies and institutions on peoples’ lives – will only change if the processes of governance are fundamentally changed

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MEMBERS OF ECONOMIC, SOCIAL, CULTURAL & CIVIL AND POLITICAL RIGHTS WORKING GROUP (from Nov 10)

Datuk Michael Yeoh Oon Kheng (Chairperson) Tan Sri Datuk Seri Panglima Simon Sipaun Datuk Dr Chiam Heng Keng Dr Mohammad Hirman Ritom Abdullah Tan Sri Dato’ Asiah Abu Samah Datuk Dr Raj Abdul Karim Datuk Dr Denison Jayasooria Dato’ Choo Siew Kioh Tunku Datuk Nazihah Tunku Mohamed Rus Dato’ Muhammad Shafee Abdullah Dato’ N Siva Subramaniam Dato’ Haji Khalid Haji Ibrahim

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The Law Reform and International Treaties Working Group carries out its responsibilities through SUHAKAM in advising the Government to ensure that national laws are compatible with human rights principles, and recommending the accession or ratification of international human rights treaties.

During the year, SUHAKAM focused its work on several issues:

- rights of the child especially in the area of sexual exploitation and child pornography;

- prison reform;

- administration of justice;

- legislative reform in areas such as the constitutionality of ouster clauses;

- immunity of Local Councils from civil actions in light of the Federal Court’s decision in the Highland Towers case; and

- the right to register associations under the Societies Act 1960.

In addition, SUHAKAM has been active in holding dialogues with civil society to obtain views on matters related to the accession of international human rights instruments and the Government’s obligations under the international human right treaties to which Malaysia is a party.

There are pressing legal issues impinging on human rights that need legal research. Some of the work was undertaken by SUHAKAM; for those that require independent and varied opinion, SUHAKAM commissioned legal luminaries from academia, legal practitioners and legal researchers.

SUHAKAM is much encouraged by the Government’s decision to sign the Convention on the Rights of Persons with Disability (CRPWD) in April. The decision marks the Government’s commitment to the rights

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and interests of people with disabilities. SUHAKAM hopes to further review the CRPWD with a view to recommending ratification of the treaty by the Government.

The Convention against Corruption was signed in 2004 and ratified in 2008. With the recent passage of the law forming the Malaysian Anti-Corruption Commission, there seems to be at least the political will to address the many troubling issues relating to corruption.

1. RIGHTS OF THE CHILD

SUHAKAM has focused its attention on taking up recommendations made to the Government since 2006 for withdrawal of the eight reservations on the Convention on the Rights of the Child (CRC). In order to strengthen the CRC, SUHAKAM also took up action on reviewing the two Optional Protocols – the Optional Protocol on the Involvement of Children in Armed Conflicts; and the Optional Protocol on Sale of Children, Child Prostitution and Child Pornography.

(a) Monitoring the Government’s Obligations

A forum on Malaysia’s reservations to the CRC had been held in September 2005, for representatives of Ministries and government agencies, non-governmental organizations (NGOS), academicians and interested individuals. They discussed each of the eight CRC Articles to which Malaysia had placed reservations.

The report of the forum was launched in October 2008 at SUHAKAM’s office in Kuala Lumpur. At the press conference that followed, SUHAKAM again stressed the need for Malaysia to ratify the two Optional Protocols to the CRC, which include the Optional Protocol on the Rights of the Child in Armed Conflicts, and also to enact a law against child pornography.

(b) Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography

To strengthen Malaysia’s commitment to the CRC, SUHAKAM worked on the two Optional Protocols – Involvement of Children in Armed Conflict; and Sale of Children, Child Prostitution and Child Pornography. SUHAKAM focused its attention on the latter protocol as it deals with issues of sexual exploitation of children, which is a rising concern, and mechanisms are needed to protect the rights of children. This is also in accordance with Government’s obligation under Article 34(c) of the CRC where State-Parties to the Convention are obliged to curb all forms of child sexual exploitation.

Following an internal review of the Optional Protocol, and recognizing child pornography as an emerging, serious and yet unaddressed issue, SUHAKAM held two dialogues with the relevant Ministries and

62 CHAPTER 4(iv) - REPORT OF THE LAW REFORM AND INTERNATIONAL TREATIES WORKING GROUP agencies, NGOs, Bar Council and the Communications and Multimedia Commission.

The first dialogue in August focused on matters pertaining to child pornography, including a review of related legislation. SUHAKAM’s opinion that there exists a lacuna in legislation on child pornography laws, despite Malaysia’s non-reservation to Article 34(c) of the CRC, was shared by the participants. The fact that the Child Act 2001 does not define child pornography or contain provisions against it, led participants to strongly suggest that SUHAKAM pursues efforts to advocate comprehensive legislation against child pornography. The participants also suggested that the Child Act 2001 should be revised to be more comprehensive, complete and have a wider application to cover all aspects which fall within the sphere of the child.

The second dialogue was convened in September to discuss components and issues related to the Optional Protocol, and to obtain input to facilitate the Governments’ accession to the treaty.

The dialogue highlighted existing gaps such as the absence of definition of child pornography and hence difficulty in controlling what constitutes child pornography in the media, including advertisements. Child soliciting on the Internet, child sex tourism, emergence of paedophiles in the region, child prostitution, child abduction and sale of babies and detention of foreign children were among the major concerns raised. These issues are also covered by the Optional Protocol.

Dialogue session between SUHAKAM and government agencies and NGOs on ‘Child Pornography Law’ on Aug 22

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Participants’ Recommendations

(i) Draft a comprehensive law to curb and criminalize child sexual exploitations.

(ii) Establish a coordinating body that would also become the platform for strong collaboration between government agencies, the media, private sector and NGOs to combat child exploitation.

(iii) Organize a follow-up meeting to look into issues of definitions of child pornography, inter alia, in relation to presumptions in favour of a child. This is to be followed up by a forum on child exploitation as a strategy to promote and create awareness within a civil society on issues of child pornography.

(iv) Call on the Government to fully ratify the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography.

SUHAKAM will follow up these issues in 2009.

2. PRISON REFORM

SUHAKAM initiated visits as well as legal research towards the recommendation of prison reform. The general thrust was to observe closely whether the conditions in prisons are compatible with the United Nations Standard Minimum Rules for Treatment of Prisoners. The specific aim of the research was to undertake a study of the incarceration quantum of ‘life imprisonment’ and ‘natural life imprisonment’ prisoners with the view of ascertaining that such terms of imprisonment do not become cruel and unusual punishments inconsistent with the Universal Declaration of Human Rights 1948 (UDHR) and other international obligations.

SUHAKAM continues to look into the delay in the execution of the death sentence and review of the two categories of the ‘life imprisonment’ prisoners. SUHAKAM is concerned that such gross delays may entail affected prisoners undergoing ‘double jeopardy’ in the execution of the respective sentences. Capital punishment is anathema to human rights. SUHAKAM therefore recommends that the Government considers placing a moratorium on the application of the death penalty with a view to abolishing it.

SUHAKAM’s first destination for the study was the Pengkalan Chepa Prison in Kelantan. Thestudy, conducted in August, involved interviews with 18 prisoners under the death sentence, one prisoner undergoing natural life imprisonment, and the affected prison officers. The interview was modulated towards obtaining answers on the relevant objective of the research. The study was to further evaluate if the current prison system accommodates and respects the fundamental rights and basic needs of prisoners. The study ran for two days inclusive of a tour of the prison for closer observation of the conditions.

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3. ADMINISTRATION OF JUSTICE

Delays in court cases

Undue delay in disposing of court cases is an affront to the rights of the litigants and the accused, the interests of the victims, and the well being of society at large. According to media reports, one case had been pending in Court for 25 years, while hearing of a murder trial had been delayed for six years. These reflect on the standard of the court system in disposing of or settling cases.

Concrete strategies are needed to ensure that justice is not only seen to be done, but is done. Justice delayed is also justice denied. Realizing this, SUHAKAM had organized two forums on ‘The Right to an Expeditious and Fair Trial’ in 2006 to follow up on recommendations and progress made after the first forum in April 2005.

The launch of the report on the forum proceedings took place in August 2008. SUHAKAM continues to monitor matters of delay in the justice system. It is worthwhile to note that the new Chief Justice of Malaysia has taken responsibility to expedite trials as a matter of utmost priority.

SUHAKAM has previously made recommendations to the Government, Judiciary, Attorney-General’s Chambers, Police Force, the Bar and certain government departments to coordinate vital functions in relation to expediting the trial processes. The following recommendations remain relevant.

To the Government:

(i) Amend the Criminal Procedure Code (CPC) to include a provision for automatic inquests for any death in custody.

(ii) Implement information technology infrastructure for the judiciary and engage stakeholders in the process.

(iii) Establish an independent Judicial Commission for judicial appointments.

(Note: Items (ii) and (iii) are currently being implemented by the Government. As to item (i), there is now an understanding that all deaths in custody must result in an automatic death inquiry.)

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To the Judiciary:

(i) Hold an inquest into all cases of death in custody.

(ii) Rotate judges assigned to specialized Courts.

(iii) Prioritize cases involving children, persons with disabilities and the aged.

(iv) Appoint at least one research officer for each judge.

(v) Expedite initiatives relating to pro forma judgements.

(vi) Examine the utility of recording statistics.

To the Attorney-General’s Chambers:

(i) Concretize the existing mechanism for closer cooperation between Deputy Public Prosecutors and the Police, with a view to improving Police investigations.

(ii) Ensure that accused persons are afforded the right to legal counsel immediately upon arrest.

(iii) Review laws that require the sanction or consent of the Public Prosecutor, particularly offences that are not serious and do not impinge on the protection of public interest.

To the Bar:

(i) Pursue the issue of compulsory legal aid, with a view to make it compulsory for each lawyer to undertake legal aid cases or work.

(ii) Highlight to SUHAKAM particular cases of improper practices relating to remand.

To the Police:

(i) Give arrested persons the right to legal counsel immediately upon arrest.

(ii) Include the Attorney-General‘s Chambers as a member of the Police Education Council to ensure improvements to current training modules on investigations.

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To the Department of Chemistry:

(i) Hire more chemists.

(ii) Establish definite procedures and guidelines in relation to acceptable timely delivery of reports.

SUHAKAM hopes that the recommendations will be seriously considered by the various stakeholders in order to ensure that the Courts improve their credibility and quality of service in safeguarding and upholding justice for all.

4. LEGISLATIVE REFORM

(a) Research on the power of the Registrar under the Societies Act 1960, the immunity of the Local Council pursuant to the Highland Towers case and the constitutionality of ouster clauses

To date, SUHAKAM has completed research into the three issues outlined. The research was done to review the issues from a human rights perspective and to come up with recommendations to rectify problems. It is hoped that the recommendations will be relevant to contemporary national issues; for example, the issue of the Local Council’s immunity reaffirmed in the Highland Towers case would be relevant to the Bukit Antarabangsa landslide tragedy, insofar as the duties and liabilities of a Local Council is concerned.

(b) Dialogue with the Bar Council and State Bar Representatives on issues of the power of the Registrar under the Societies Act 1960, the immunity of the Local Council pursuant to the Highland Towers case, and the constitutionality of ouster clauses

Subsequent to the research conducted, the findings were tabled and discussed with the Bar Council and State Bar representatives, from both the legal and human rights perspectives. The common issue grounded in all three areas is the question of the power of authorities conferred by the law in administering public affairs.

On the issue of the Registrar’s power under the Societies Act, concerns were expressed that:

• The Act stipulates no timeline for the Registrar to respond to an application to form a society.

• The Registrar is not obliged to furnish reasons for declining or not responding to an application for registration of associations.

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Therefore the meeting recommended that the Societies Act should incorporate a timeline for the Registrar to respond or to register a society. This is to ensure that the Act protects the interests of the public, while providing for a fair and transparent registration procedure.

With regard to the Federal Court’s decision on the Highland Towers case, the meeting was of the opinion that the Court’s decision – to uphold the immunity clause which protects Local Councils from actions by the public due to the fear that it would open to floodgates to litigation – is unjust and violates human rights.

Hence, the meeting recommended that in the public interest and to uphold justice, the decision should be reviewed. Best practices and good laws in this area that can be found in countries such as New Zealand and Australia should be considered wherever applicable.

The meeting also expressed concern over the emerging trend of incorporating ouster clauses in laws. The clauses confer wide powers on the Executive and at the same time exclude judicial review. Hence, the aggrieved parties may be left with no avenues to seek legal remedies.

Clearly the provision of the ouster clause is not only unconstitutional but also contrary to the rule of law. If allowed to flourish, this will be the beginning of dictatorial power as foreshadowed in the Sri Lempah case. It would be timely to remember that “Power corrupts, absolute power corrupts absolutely” (Disraeli).

5. WOMEN’ S RIGHTS

Malaysia’s Reservation to Article 16(1)(a) of CEDAW

SUHAKAM has since 2002 engaged the Ministry of Women, Family and Community Development in relation to Malaysia’s reservations to Article 5(a), 7(b), 9(2) and 16(1)(a) of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Apart from attending technical meetings and consultations conducted by the Ministry, SUHAKAM has submitted its views on the reservations placed. SUHAKAM continued to provide input to the Ministry by submitting its findings and views in relation to Article 16(1)(a) of the Convention.

Article 16(1)(a) addresses and recognizes the right of women to enter into marriage of their own choice and consent, without objection from their parents or relatives. In reviewing this particular provision, SUHAKAM made the following observations:

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(i) The meaning of Article 16(1)(a) does not contradict with the practice of solemnization of marriage by a wali (guardian). This is based on the laws and actual practice of the wali whose role is to solemnize the marriage so long as it fulfils the conditions stipulated in Syariah law – such as the marriage must be entered by both the man and woman freely; the affordability of the dowry; and that the marriage will not cause any inconvenience to the woman in performing her duties as a wife.

(ii) Malaysia withdrew its reservations to Article 16(1)(b) in 1998. The Article in general ensures equal rights of men and women to marry the person of their choice and that marriage may only be entered with the consent of the woman involved. Where the issue of a woman’s right to enter a marriage based on her free will and own choice is concerned, Article 16(1)(a) should be read conjunctively with Article 16(1)(b) since the provisions are interlinked. Therefore it is advisable to have the reservation to Article 16(1)(b) withdrawn as well.

(iii) The practice in other Muslim countries shows that marriage by force or coercion or without the consent of both parties is not sanctioned. Muslim countries that do not reserve Article 16, such as Yemen, Albania and Azerbaijan, have made it clear in their law that forced marriages are invalid. In Albania, Article 53 of the Constitution (read together with Section 22 of the Family Code) guarantees the right of men and women to marry without force or coercion and states that forced marriages are a nullity in law.

(iv) Based on the Islamic concept of equity known as masalih mursalah, a concept aimed at safeguarding the maqasid al-syariah – which are life, lineage, religion, property and intellectuality in order to protect and ensure good family lineage – it is best to allow marriage with the woman’s consent. This is because it is feared that marriage by force would lead to the commission of greater sin such as zina or nusyuz that will destroy the family lineage or the fabric of a family unit and consequently, society at large.

SUHAKAM has recommended the withdrawal of Malaysia’s reservation to Article 16(1)(b) to give due weight and better implementation of Article 16 in general.

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6. RESEARCH PROJECTS

SUHAKAM has undertaken research into key issues covering:

(i) Amendment to Section 293(1) of the Criminal Procedure Code (on community service for youth offenders); the research has been completed

(ii) Legal and Constitutional Aspects of Freedom of Thought, Conscience and Religion in Malaysia – three separate studies were commissioned to obtain Muslim and non-Muslim perspectives; two papers have been completed, while the third is pending completion

(iii) Rights of Conversion and its Effects in Relation to Human Rights – three individuals were commissioned to obtain different perspectives; the study has been completed

(iv) Review of the Societies Act 1960

(v) Constitutionality of ouster clauses

(vi) Review of the Federal Court’s decision in the Highland Towers case

(vii) Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime – the research is pending completion

7. RECENT DEVELOPMENTS

SUHAKAM is keenly studying two enactments that were passed by Parliament in December. Of utmost concern is the Judicial Appointments Commission Act 2008. Many legal luminaries are concerned over the legality of the Commission when it is formed as it may transgress certain provisions of the Federal Constitution governing the procedure of appointment of judges.

Some of the legal opinion even questions whether a Judicial Commission is needed when the simplest thing to do would be to amend the Federal Constitution to make way for mandatory consultation by the Chief Justice with the Bar Council and/or the Attorney-General before he comes to a conclusion as to who would be recommended for the appointment under Article 122(B).

The controversy of such diverse opinion is reason enough for the authorities to re-examine the Commission. It would be a poor start for such a Commission to exist and function under a shroud of

70 CHAPTER 4(iv) - REPORT OF THE LAW REFORM AND INTERNATIONAL TREATIES WORKING GROUP doubt over its legality or legitimacy.

SUHAKAM is equally concerned with the recent judgement in the superior Civil Courts that indicate clear reluctance or lack of courage on their part to decide on constitutional issues pertaining to the ‘jurisdictional conflict’ between civil and Syariah laws. While Civil Courts appear to be abdicating their duty, Syariah Courts are attempting to expand their jurisdiction by interpreting their role more expansively.

On the matter of the status of the current Article 121(1)(a) of the Federal Constitution over the vesting or not of ‘judicial power’ to the Courts since the controversial amendment of the Article in 1988, SUHAKAM is concerned that the effect of the amendment is still left debatable. Recent trends in the Federal Court rulings that suggest that in certain cases the Federal Court may not be the Apex Court is equally disturbing as such ‘abdication’ of duty by the Federal Court has nexus to the issue of how ‘limited’ is the inherent power of the Federal Court itself especially over decision cases in courts inferior to it for review of the legalities of such decision.

The Malaysian Anti-Corruption Commission (MACC) Bill 2008 was passed by Parliament in December without amendment. While many applauded the move to pass such legislation, concern was equally expressed over the lack of independence of the MACC. It will not have any independent power to prosecute, at least in law. Article 145(3) of the Federal Constitution confers the monopoly of such power only to the Attorney-General. SUHAKAM is also anxious about reports that abuse of the power of investigation by individual officers remains a feature, although not widespread, in the new body.

SUHAKAM proposes to monitor these reports as the effectiveness of the MACC is only certain if it remains independent. But with independence, the temptation to abuse power remains; such abuse, whether real or apparent, can only derogate the effectiveness and independence of the Commission itself.

MEMBERS OF THE LAW REFORM AND INTERNATIONAL TREATIES WORKING GROUP

Dato’ Muhammad Shafee Abdullah (Chairperson) Tan Sri Datuk Seri Panglima Simon Sipaun Datuk Dr Raj Abdul Karim Dato’ Dr Abdul Monir Yaacob Tunku Datuk Nazihah Tunku Mohamed Rus Datuk Paduka Zaitoon Dato’ Othman Dato’ Haji Khalid Haji Ibrahim

CHAPTER 4(v) CIVIL AND POLITICAL RIGHTS WORKING GROUP

In May, SUHAKAM set up a new working group on Civil and Political Rights (CPRWG). This was necessitated by new political realities of the 12th General Election which gained momentum in civil society and led to the demand for civil and political rights.

The terms of reference of CPRWG were: (i) To enhance and promote civil and political rights with particular emphasis on freedom of assembly, freedom of expression, detention without trial, preventive laws and life sentence

(ii) To strive for greater emphasis on human rights on the part of Parliamentarians

(iii) To organize dialogues and Roundtable Discussions with civil society organizations and political parties

(iv) To obtain views and feedback from the public on civil and political rights

(v) To carry out research pertaining to civil and political rights

(vi) To identify best international practices in civil and political rights

(vii) To monitor violations of civil and political rights in cooperation with other Working Groups and Committees of SUHAKAM

In November, the CPRWG was merged with the Economic, Social and Cultural Working Group. The new entity was renamed the Economic, Social, Cultural & Civil and Political Rights Working Group1.

The CPRWG took up its tasks by conducting a series of discussions with different stakeholder groups:

(i) Dialogue Session with non-governmental organizations (NGOs) in Sabah on June 12

(ii) Dialogue Session with NGOs in Kuala Lumpur on July 17

1 The Commission, at its 105th Meeting on Nov 10, 2008, decided to merge ECOSOC and CPRWG and rename it the Economic, Social, Cultural & Civil and Political Rights Working Group. Since both Working Groups had carried out substantive work by then, their activities report remains in different chapters in this Annual Report.

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(iii) Roundtable Discussion with Trade Unions on Aug 11

(iv) Dialogue Session with NGOs and the Media in Sarawak on Aug 12

Dialogue session with media and NGO representatives in Kuching, Sarawak, on Aug 12

These programmes were designed to promote a closer relationship between SUHAKAM and civil society as well as to enable the Commission to obtain views and feedback on the state of civil and political rights.

There was a good turnout by representatives of NGOs, the media, trade unions and even political parties. The discussions stimulated views and suggestions on fundamental human rights as well as on SUHAKAM’s performance.

1. ISSUES AND RECOMMENDATIONS BY PARTICIPANTS

(a) Freedom of Assembly

Civil society groups observed that certain limitations prevent the public from exercising their right to freedom of assembly as stated under Article 10(1) of the Federal Constitution and Article 20 of the Universal Declaration of Human Rights (UDHR). For instance, during a demonstration on Nov 10, 2007, organized by the Coalition for Clean and Fair Elections (BERSIH) to demand electoral reform, allegations of human rights abuses surfaced when law enforcement personnel dispersed the crowd.

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SUHAKAM has been urging the Government to respect the freedom of assembly, in successive Annual Reports and in a special report on the ‘Freedom of Assembly’. Recognizing this, the participants were of the view that most of the recommendations have not been heeded by the Government. The Internal Security Act 1960 (ISA), Police Act 1967 and the Emergency (Public Order and Crime Prevention) Ordinance 1969 were identified as especially restricting the civil and political rights of citizens.

In expressing serious concern about human rights violations by the authorities, the participants suggested that SUHAKAM plays an observer role during public gatherings organized by NGOs to ensure that the right to assembly is protected.

(b) Freedom of Association

Unionists at the Roundtable Discussion revealed that only about 8% of the total workforce are members of trade unions. This low percentage is due to legal provisions and preventive actions of employers. Workers find it difficult to join or to set up unions, or are prohibited from doing so.

Infringement of workers’ rights is another main concern. In one case, a private company dismissed representatives of its workers for setting up a union. Some employers restrict union membership by promoting workers – the so-called promotions are sometimes merely a change of job-title to reflect apparent absorption into the management team.

In the public sector, opportunities given to trade unions to represent workers are subjected to the Government’s rules, particularly in the absence of a tribunal court to uphold the rights of workers. As such, the participants recognized the need for a tribunal court to deal with issues faced by public sector workers. It was pointed out that a tribunal court had previously been set up by the Government but was later dissolved. Participants felt that this decision was made because many of the cases resolved had found in favour of the workers.

In theory, every trade union is supposed to have an ability to draw up its own rules; in reality, however, this freedom is governed by provisions of the Trade Unions Act 1959 which control and regulate unions in relation to their registered name, membership, structure and affiliation to federal and foreign consultative bodies. The Director-General of Trade Unions has the power to arbitrarily deregister or suspend any trade union, as stated in Article 12(3) of Trade Unions Act 1959.

In view of the difficulties faced by workers, the participants recommended that the Government should amend the Trade Unions Act 1959 and Industrial Relations Act 1967 to uphold freedom of association.

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Although freedom of expression is enshrined in the Article 10(1)(a) of the Federal Constitution and Article 19 of the UDHR, NGOs and media representatives felt that press freedom is restricted. It was pointed out that the ‘mainstream’ media tend to black out certain types of information and to be selective in publishing news.

However, the ‘alternative’ media such as Internet news portals and blog-spots have challenged the dominance of the print and broadcast media in information gathering and dissemination. This has served to reinforce the importance of accurate and balanced coverage of news.

It was recognized that the Official Secrets Act 1972 (OSA), Printing Presses and Publications Act 1984 (PPPA) and ISA present the main obstructions to press freedom.

Other laws that have an impact on freedom of expression include the Sedition Act 1948; Defamation Act 1957; Public Order Act 1958; Cinematographic Films Act 1952; Courts of Judicature Act 1964; Copyrights Act 1987; Slander Act 1957; Communications and Multimedia Act 1998; Deposit of Library Materials Act 1986; Federal Constitution (Articles 10, 63 and 72); Minor Offences Act 1955; and Bernama Act 1967.

(d) Detention without Trial

Participants maintained that every person has a right to a fair trial and should not be convicted or detained until proven guilty. The constant misuse of the ISA and other instances of detention without trial are reflective of poor recognition of human rights by the Government. General disappointment was also registered with the Home Ministry’s frequent assertion that detainees cannot be released because of ‘insufficient rehabilitation’.

The ISA, which was enacted in 1948 to contain the communist insurgency, has been turned into legislation that violates human rights. It denies the fundamental rights to liberty and a fair trial, and disregards the guarantee that no one shall be subjected to arbitrary arrest, detention or exile as provided by Article 9 of the UDHR.

Participants unanimously agreed that the ISA and other preventive laws should be repealed expeditiously. They urged the Government to give due consideration to SUHAKAM’s recommendations in its report on ‘The Review of ISA’ published in 2003.

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(e) Deaths in Custody

According to data revealed by the Deputy Home Minister in Parliament on July 8, there were 1,531 custodial deaths between 2003 and 2007. Participants expressed concern and highlighted the fact that this goes against Articles 3 and 5 of the UDHR and Article 10(1) of the International Covenant on Civil and Political Rights (ICCPR)2. In urging the Government to address the issue, they also recommended that a Coroner’s Court be established as proposed by the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police.

(f) Rights of Migrant Workers

The human rights of migrant workers were among the most discussed issues of the programme. Migrant workers are perceived as vulnerable and more susceptible to exploitation due to their illiteracy. They also find it difficult to seek justice due to the lack of proper channels, or fear of being deported and other possible action by the authorities.

Although the Industrial Relations Act 1967 states that everyone can join unions, foreign workers are denied this right by means of a condition in their work permit. In addition, they suffer from the negative perception that they are a liability, and are prone to mischief and criminal tendencies.

In tandem with globalization, the Government has introduced flexibility schemes to encourage business. This has led to increased labour flexibility especially for outsourcing companies that bring in migrant workers. Due to the lack of a clear and standardized policy on the employment of migrant workers, issues of over-recruiting, bonded labour and human trafficking have arisen.

Some participants recommended that the Government should suspend the outsourcing companies and draw up a comprehensive labour policy anchored on human rights principles. It was further suggested that issues involving migrant workers be handled by the Ministry of Human Resources, rather than the Home Ministry, as the former is in a better position to determine the specific demand for foreign labour.

Article 8 of the Federal Constitution states: ‘All persons are equal before the law and are entitled to equal protection of the law.’ As such, some participants held the view that ‘persons’ should be interpreted broadly to include migrant workers, refugees and asylum seekers, and that the Government should see that they have protection under human rights principles and the law.

2 Article 3 of the UDHR states that everyone has the right to life, liberty and security of person. Article 5 states that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Article 10(1) of the ICCPR states that all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

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Commissioner Dato’ N Siva Subramaniam (centre) chairing the Roundtable Discussion with Trade Unions

(g) Malaysia’s Non-compliance with ILO Core Labour Principles

Malaysia has ratified five of the eight core Conventions of the International Labour Organization (ILO). The Ministry of Human Resources, on Sept 13, 2005, had announced that the Government would enforce strict monitoring to ensure that migrant workers are treated in accordance with provisions of the Conventions. However, based on continuous detention of migrant workers by enforcement agencies, some participants felt that Government action has been inconsistent with standards enshrined in the Conventions.

The ILO Declaration on Fundamental Principles and Rights at Work adopted in 1998 commits all Member- States to respect and promote four principles:

(i) freedom of association and effective recognition of the right to collective bargaining;

(ii) elimination of forced or compulsory labour;

(iii) abolition of child labour; and

(iv) elimination of discrimination in respect of employment and occupation.

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Participants, pointed out that several provisions of law in Malaysia go against the spirit of these core principles. For instance, there is gender-based discrimination in the Employment Act 1955 as it does not cover sexual harassment of workers. In addition, the Workman’s Compensation Act 1952 stipulates that lump-sum compensation payable to a woman must be held by the Commissioner on her behalf.

As a Member-State of ILO, Malaysia should ratify Convention 87 (freedom of association and right to organize) and 111 (discrimination – employment and occupation) and to ensure that all parties can be held responsible and accountable to international core labour standards.

(from left) SUHAKAM Commissioners Tan Sri Datuk Seri Panglima Simon Sipaun, Datuk Dr Denison Jayasooria, Dato’ Dr Michael Yeoh Oon Kheng and Tunku Datuk Nazihah Tunku Mohamed Rus at the Dialogue Session on Civil and Political Rights in Sabah on June 12

2. FOLLOW-UP MEETING

To follow up on matters raised during the Roundtable Discussion with Trade Unions, SUHAKAM initiated a meeting with the Secretary-General of the Ministry of Human Resources on Sept 25.

SHAKAM received the following responses:

(i) The Ministry is working towards removing loopholes in laws and regulations involving labour rights, taking into consideration the human rights elements. A review will be made of the Employment

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Restriction Act 1968 and Private Employment Agencies Act 1981 to prevent human trafficking and other issues that exploit workers’ rights.

(ii) An Inter-Departmental Committee, chaired by the Director-General of the Ministry, has been set up to develop an effective mechanism to determine the number of foreign workers needed by various sectors.

(iii) The Ministry will cooperate with other authorities to ensure good practices among enforcement officers in dealing with migrant workers.

(iv) While recognizing that there are advantages and disadvantages in labour outsourcing, the Ministry has drawn up amendments to the relevant laws to ensure that the relevant parties are held accountable.

(v) The Ministry intends to standardize the employment contract of foreign workers and to provide them with social security.

(vi) The Ministry has conducted research on average wages in Malaysia. It has met with 12 wage councils comprising representatives of trade unions, the Federation of Malaysian Manufacturers, Malaysian Employers Federation, NGOs and independent bodies on issues pertaining to minimum wage.

(vii) The Ministry expressed willingness to advise the Government to ratify ILO Conventions 87 and 111.

3. SUHAKAM’S RECOMMENDATIONS

(i) Detention without trial The Commission has, over the years, taken a strong stand against the ISA and other preventive detention laws. It reiterates that:

• The ISA and other preventive detention laws should be repealed.

• A new comprehensive law should be enacted – it should maintain the tough stand on threats to national security (including terrorism), but fall in line with human rights principles3.

In the interim, SUHAKAM calls upon the Government to ensure that any further application of the ISA should only be done with adequate safeguards in place. SUHAKAM, in its report on ‘Review of the Internal Security Act 1960’ had made several recommendations on legislative reform as well

3 Details can be found in SUHAKAM’s report on ‘Review of the Internal Security Act 1960’.

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as administrative directives and procedures, to ensure such safeguards.

(ii) Freedom of assembly The right to peaceful assembly is guaranteed by the Federal Constitution and stated in Article 20(1) of the UDHR and Article 21 of the ICCPR. SUHAKAM therefore calls on the Government to consider the recommendations in the Commission’s report on ‘Freedom of Assembly’ published in 2001.

As to issues raised by the participants, SUHAKAM recommends that the relevant authorities should:

• Review crowd-dispersal methods and procedures and to restrain the use of violence, tear gas, batons and chemical-laced water;

• Consult with SUHAKAM and NGOs over issues pertaining to freedom of assembly in order to foster understanding; and

• Repeal provisions of the Police Act 1967 that require an application for a Police permit to hold an assembly or activity in public places.

(iii) Freedom of association SUHAKAM is guided by the principle that everyone has the right to freedom of association with others, including the right to form and join trade unions for the protection of their interests. Therefore, it recommends that the Government should:

• Amend the Trade Unions Act 1959 and Industrial Relations Act 1967 to extend recognition of workers’ rights, particularly the right to freedom of association for both local and foreign workers; and

• Ratify ILO Convention 87 pertaining to freedom of association and rights to organize and Convention 111 on discrimination (employment and occupation).

(iv) Deaths in custody SUHAKAM affirms Article 10(1) of the ICCPR which provides that all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

SUHAKAM recommends the amendment of the Criminal Procedure Code to make it mandatory for Magistrates to hold an inquiry into all deaths in custody unless a person has been charged for an offence in respect of the death.

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(v) Freedom of expression and press freedom SUHAKAM observes that that freedom of expression and press freedom are still restricted by the PPPA, OSA and ISA in particular. SUHAKAM affirms that everyone has the right to freedom of expression and opinion as well as the right to seek and to report information.

While recognizing that freedom of expression comes with responsibilities, SUHAKAM calls on the Government to review the PPPA and OSA among other laws that restrict press freedom. Specific review should be made of provisions that accord the Home Minister absolute discretion to grant and revoke licences as well as immunity from judicial review of such decisions.

(vi) Ratification of ICCPR and its Optional Protocols SUHAKAM reiterates its recommendation to the Government to ratify the ICCPR and its optional Protocols to protect and promote the civil and political rights of citizens.

The Government should further ensure that domestic legislation is in line with provisions of the ICCPR. The Parliament’s powers to make laws is enshrined in Article 74(1) and Article 76(1)(a) of the Federal Constitution.

MEMBERS OF THE CIVIL AND POLITICAL RIGHTS WORKING GROUP (up to Nov 9)

Dato’ Dr Michael Yeoh (Chairperson) Tan Sri Datuk Seri Panglima Simon Sipaun Datuk Dr Chiam Heng Keng Tan Sri Dato’ Asiah Abu Samah Tunku Datuk Nazihah Tunku Mohamed Rus Dato’ N Siva Subramaniam Datuk Dr Denison Jayasooria Dato’ Choo Siew Kioh Dato’ Muhammad Shafee Abdullah Dato’ Haji Khalid Haji Ibrahim

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MEMBERS OF ECONOMIC, SOCIAL, CULTURAL & CIVIL AND POLITICAL RIGHTS WORKING GROUP (from Nov 10)

CHAPTER 4(vi) REPORT OF THE INTERNATIONAL ISSUES AND COOPERATION COMMITTEE (IICC)

As the National Human Rights Institution (NHRI) of Malaysia, SUHAKAM has a role in international human rights issues and cooperation. In earlier years this role appeared to be incidental to the functions of the Human Rights Commission of Malaysia Act 1999. As the institution matured in structure and its work extended to areas of international human rights development, its national role gradually broadened to include an external dimension.

An increasing requirement to participate in the human rights mechanisms under the United Nations (UN); interaction with other NHRIs; and commitments to thematic issues created a need for a focal point for such work within the Commission. The IICC, previously known as Research and Policy Working Group, was renamed in May to meet this need.

The IICC cooperates with international efforts in the advancement of human rights. It recognizes that the development of human rights principles at the regional and international level has an impact on the domestic agenda for the promotion and protection of human rights. However, SUHAKAM believes that its participation in international issues must be guided by the relevance of each issue to domestic polity and state of development.

The IICC pays particular attention to regional and international issues which contribute to positive advancement of human rights in Malaysia. At the onset of its work it was apparent that some issues appear to negatively affect the independence and functions of the Commission itself. An instance of this refers to newly evolved interpretations of accepted human rights principles, under the Office of the UN High Commissioner for Human Rights (OHCHR), which seem to be overly exertive in the matter of establishment procedures of NHRIs. SUHAKAM views this issue and others like it as challenges for improvement of its performance and international standing.

A report follows on the principal issues and international events which defined the commitments of IICC in the year under review.

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1. STATUS OF SUHAKAM IN THE UN AND the International Coordinating Committee of National Institutions for Promotion and Protection of Human Rights (ICC)

The most serious challenge to the integrity and reputation of the Commission is the likely downgrading of its international status from ‘A’ to ‘B’ after a grace period of one year from April. Coming on the heels of our own resolution to play an effective role among NHRIs of the world body, such a downgrade is an unexpected and crippling blow.

Under the ICC, the Sub-Committee on Accreditation (SCA) evaluates NHRIs in the world body on their compliance with the Paris Principles; in order to do its job, the SCA has evolved a set of statutes to interpret the Paris Principles. NHRIs with status ‘A’ denote full compliance, and those with status ‘B’ denote non-full compliance. A status ‘C’ NHRI denotes total non-compliance and will not be admitted to any international human rights mechanism or meeting. A status ‘B’ NHRI has no speaking voice at UN meetings and its participatory role is greatly restricted. This might become the case for SUHAKAM.

When the Human Rights Commission of Malaysia Bill was debated in 1999, the Minister responsible said human rights standards would be in compliance with the Paris Principles. The Bill was passed by Parliament and became the Human Rights Commission of Malaysia Act 597. Thus created, SUHAKAM in due course was admitted on status ‘A’ by the SCA in 2002, which it enjoyed until its re-accreditation in April 2008 fell short and it was placed in limbo for a year. In March 2009, the SCA will take a final decision on SUHAKAM’s status. In the interim, SUHAKAM remains on status ‘A’ and is at liberty to furnish documentary rebuttals including information of any legislative steps the Government may take.

The SCA’s judgment, termed as observations on SUHAKAM’s case, rest essentially on four points:

(i) The process of appointment of its Commissioners is not transparent and the discretion of choice by the Prime Minister himself is deemed insufficient.

(ii) Pluralistic and gender representation in the body of its Commissioners is unclear.

(iii) The two-year term of office of a Commissioner is too short to be useful and its extension at the sole discretion of the Prime Minister may compromise the independence of Commissioners who may be seeking re-appointment.

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(iv) SUHAKAM has not actively engaged with the international human rights mechanism under the UN Human Rights Council.

The first point is the most contentious, concerning the question of transparency in the process of appointing Commissioners. The procedure as provided in Act 597 is not prohibited by the text of the Paris Principles. However, the SCA – acting by the statutes it has developed from successive re-accreditation exercises on NHRIs that have come before its scrutiny – deems the Malaysian procedure to be non-transparent and therefore not compliant with the Paris Principles. This point is debatable but is not going to be productive in the face of a universal trend for greater accountability in the practice of human rights.

The second and third observations may be answered satisfactorily. Pluralism and gender representation are proportionately reflected in the appointment of Commissioners. This is on record since the establishment of SUHAKAM.

The fourth observation is regularly applied even to status ‘A’ NHRIs as an exhortation to greater involvement in UN activities. SUHAKAM has played a very active role in the ASEAN region on human rights issues; being non-treaty based, however, these are deemed to be outside of UN activities. Contrary to the SCA observations, SUHAKAM has contributed positively to the international human rights system in the activities, conferences and workshops organized under the OHCHR, as well as in the major events related to the promotion of human rights under the auspices of the UN.

SUHAKAM’s unexpected predicament has created a high sense of urgency to address the issue. The implications of downgrading are extremely prejudicial to Malaysia’s credibility as a democratic country and its standing in the UN. It also casts doubt on Malaysia’s support for international human rights issues. Civil society groups have greatly contributed to the unfavourable assessment of the Commission’s state of compliancy through their separate reports to the SCA, which accepted these without any question of veracity or giving any opportunity for SUHAKAM and the Government to tender reasonable objections.

SUHAKAM has undertaken practical and feasible steps to propose to the Government a number of amendments to Act 597, to comply with the observations of the SCA to ensure SUHAKAM retains status ‘A’. The deadline of March 2009 leaves little time for consultative steps with the Government to consolidate towards a political decision on the draft amendments proposed by SUHAKAM.

On a broader front, the Commission has engaged actively with NGOs to impress upon them a common purpose and to avert the blame of sole responsibility for any downgrading should it occur. A mutual understanding of the national predicament was achieved between SUHAKAM and a majority of NGOs during the process of civic consultations in the preparation of the Universal Periodic Review.

Seven civil society organizations which attended the 13th Asia-Pacific Forum Annual Meeting from July

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28-31 in Kuala Lumpur, issued a press statement calling on the Government to honour its commitment to keep SUHAKAM on status ‘A’. This led to the Prime Minister to state in Parliament on Aug 20 that the Government is committed to the promotion and protection of human rights and that it would take necessary steps to revise the Act 597 to enable SUHAKAM to stay on status ‘A’. At the time of writing, the Government had still not acted with any sense of urgency on the matter1.

The subject will continue to be pursued strongly in the IICC’s agenda in the coming year. SUHAKAM has not been faulted by the SCA for any negligence in performing its core functions under the Act. The adverse perception of the appointment procedure of Commissioners is debatable and outside the context of real political constraints in the domestic environment. Appropriate and timely legislative amendments to the Act appear to be the only solution. Notwithstanding the contrary views expressed, SUHAKAM continues to support the role of the SCA in strengthening the structure and functions of NHRIs.

2. UNIVERSAL PERIODIC REVIEW (UPR)

The UPR, established by the General Assembly Resolution 60/251 of March 15, 2006, is a new human rights mechanism. Through the UPR, the Human Rights Council periodically reviews the fulfilment of human rights obligations and commitments of each of the 192 UN Member-States. Resolution 5/1 allows for active engagement of NHRIs in the UPR mechanism.

The review on Malaysia will be carried out during the 4th Session of the UPR scheduled from Feb 2-13, 2009. Stakeholders who include SUHAKAM may contribute to the UPR by providing a report limited to five pages each. Their reports will be used in the review process in Geneva to assess a State’s accomplishments and challenges in the preceding four years.

In the preparation of its UPR, SUHAKAM engaged in dialogues on Aug 14 and 15 with NGOs. Both were held in a friendly spirit. SUHAKAM also contributed to the State’s UPR preparation by attending a consultative meeting at the Ministry of Foreign Affairs on Aug 21, in which NGOs were included.

SUHAKAM’s UPR2 was transmitted to Geneva on Sept 4 before the deadline for stakeholder submissions. Its UPR includes 12 recommendations pertinent to the issues covered.

The IICC values the UPR mechanism as a legitimate means to exhort the State to fulfil its human rights commitments to citizens as well as have regard to human rights-based treaties to which the State has not yet acceded.

1 At the Fourth Session of the Working Group on Universal Periodic Review held in Geneva on Feb 11, 2009 the Government delegation stated that several measures are being taken to ensure that SUHAKAM retains its status as a credible and respected NHRI. If the measures do not materialize or occur beyond SCA deadline of March 2009, SUHAKAM is most likely to be downgraded to status ‘B’, through no fault of its own.

2 Appendix III pg 177.

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3. ASEAN NHRI FORUM

The Declaration of Cooperation signed on June 28, 2007 by the NHRIs of four countries in ASEAN - SUHAKAM, the Human Rights Commission of Indonesia, Commission on Human Rights of Philippines and the National Human Rights Commission of Thailand – provides an informal structure for the ‘ASEAN NHRI Forum’ to act jointly on regional issues.

At the 4th Consultative Meeting of the Forum from Jan 29-31 in Manila, further practical measures were adopted to continue the joint projects begun in previous years on migrant workers; anti-terrorism; human rights education; a common website; anti-trafficking of persons; and economic, social and cultural rights.

Technical Working Group (TWG) meetings were instituted to follow up on the joint projects. It met from April 28-30 in Cebu, and from May 27-29 in Kuala Lumpur. The meeting in Cebu achieved a joint draft on the Terms of Reference (ToR) initiated by SUHAKAM, for an ASEAN Human Rights body (AHRB). It was channelled for the consideration of governments through the ASEAN Secretariat, in anticipation of the establishment of an AHRB under Article 14 of the ASEAN Charter 2007.

SUHAKAM will deepen its cooperation with members of the ASEAN NHRI Forum which collectively form a credible mechanism attracting prominent human rights experts to its workshops and conferences, both from the region and beyond. Some issues and projects that the Forum has taken on, for example the issue of migrant labour, require collaborative research and data from individual members to format a regional solution. A project for a common website based in The Philippines is underway, offering media connectivity to human rights events and information about ASEAN.

4. ASEAN HUMAN RIGHTS BODY

Article 14 of the ASEAN Charter 2007 breaks new ground in its vision for an AHRB. The ASEAN NHRI Forum is most enthused by the prospect of an AHRB that embraces the region and is linked by a NHRI in each Member-State.

The ASEAN NHRI Forum has drafted the ToR for an AHRB. Civil society groups, strategic research and studies institutions and human rights NGOs in Member-States, including Singapore which has no NHRI, have held their own meetings to draft ToR for the consideration of ASEAN. SUHAKAM accepted their invitation to participate in all their meetings.

The input by civil society and NHRIs into the ToR indicates growing awareness of the human rights dimension in regional political, economic and social issues. The vision of an effective AHRB may take

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some time to become a reality. Given the different levels of democratic development among ASEAN Member-States and the degree of authoritarian resistance in some, the emergence of a ToR that fully meets existing criteria of best practices is doubtful. The principled approach of NGOs and NHRIs in forging a ToR is laudable but may run counter to less liberal political attitudes among Member-States. Thus, hypothetically at least, the well-intentioned efforts of civil parties and NHRIs cannot surmount a voice of dissent from a single sovereign state in ASEAN.

The key to achieving a politically acceptable ToR is with a High-level Panel (HLP) comprising a representative of each Member-State, entrusted with the task of drafting it. The HLP has held six consultative meetings over the year, and will hold six more to finalize its draft before tabling it for adoption at the end of 2009.

SUHAKAM has participated actively in various deliberations on the ToR involving those of civil society groups. It has also offered its views and cooperation to Malaysia’s representative on the HLP, the former Secretary-General of the Ministry of Foreign Affairs, Tan Sri Ahmad Fuzi Abdul Razak.

There is great hope that an AHRB will eventually be born. By their contribution of views and a draft ToR to the HLP, the ASEAN NHRI Forum has marshalled a readiness to fulfil a universal human rights agenda, which hopefully will accelerate the establishment of NHRIs in the rest of ASEAN.

Meeting with the HLP on ToR, Manila, Philippines, on Sept 11

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Participants at the opening ceremony of at the 13th APF Annual Meeting, Kuala Lumpur on July 28-31

5. ASIA-PACIFIC FORUM OF NHRIs (APF)

The APF is a human rights mechanism in the Asia-Pacific region with membership of NHRIs from 17 countries. Unlike such bodies in the regions of Europe, Africa, North America and South America, the APF is a non-treaty based mechanism. Nevertheless it has proven to be remarkably efficient with a small Secretariat located in Sydney and headed by an Executive Director. The Chair of APF is rotated. SUHAKAM hosted the 13th APF Annual Meeting in Kuala Lumpur from July 28-31, and is the current Chair.

Among the topics of discussion at the meeting were the best way to prepare the UPR as it is a new mechanism; the work and effect of the ICC; and the meaning and effect of Article 29(2) of the UDHR.

The Advisory Council of Jurists which advises the APF Forum Council on the interpretation and application of international human rights standards, deliberated on the issue of corporate accountability mainly in respect to the enforcement of human rights obligations of transnational corporations.

6. ROLE IN INSTITUTIONAL ASSISTANCE TO ASIAN NHRIs

As Chair of the APF, SUHAKAM has a lead role in visiting member NHRIs in need of external advocacy or advice in the performance of their functions. Two visits were conducted during the year, one of which

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was to a country that neither has a NHRI nor is a member of APF, but which is expected to join the grouping eventually.

The first visit was to Colombo, at the request of the Human Rights Commission of Sri Lanka,from Sept 10-16. The Sri Lankan NHRI was being downgraded from status ‘A’ to ‘B’ and it needed the APF’s expertise to examine the root reasons, if any, and to assist in future capacity building on human resources and training. The delegation made its findings and recommendations in a report which was formally accepted by the Sri Lankan NHRI.

The second visit was to Islamabad at the invitation of the Pakistan Parliamentarians Commission on Human Rights from Dec 18-19. A Bill to establish a NHRI has been tabled in the National Assembly. The APF delegation which included a Human Rights Adviser from the OHCHR was requested to examine the draft Bill and to offer changes for compliance with the Paris Principles. It was a step on the part of the Pakistani civil and political groups to ensure that the legislation can stand up to the scrutiny of the SCA. At the time of writing, the APF’s report was not yet ready.

7. NATIONAL HUMAN RIGHTS ACTION PLAN (NHRAP)

The ideal that every State should have a NHRAP was initiated at the 1993 World Conference on Human Rights. The 1993 Vienna Declaration and Programme of Action in Part II, Paragraph 71 states: ’The World Conference on Human Rights recommends that each State considers the desirability of drawing up a national action plan identifying steps whereby the State would improve the promotion and protection of human rights.’

The UPR mechanism has also placed an emphasis on the merits of NHRAPs to augment a State’s human rights standing. In February 2006, SUHAKAM had presented a draft NHRAP for the Government’s consideration. The response at the time was that there was no need for such a Plan as the Federal Constitution sufficiently covers the area of human rights. SUHAKAM believes that a NHRAP for Malaysia will provide a fundamental reference and guidance for action on many human rights issues.

The formation of a NHRAP remains a worthwhile exercise and SUHAKAM will continue to work towards it. Ultimately the NHRAP will require the acceptance of the Government for implementation; hence the participation of civil society at the preparatory stage is necessary to demonstrate popular agreement.

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8. PARTICIPATION IN INTERNATIONAL AND REGIONAL DISCUSSIONS

Commissioners in the IICC represented SUHAKAM at several meetings, the subject matter of which has relevance to other Working Groups and Committees in SUHAKAM. The relevant reports may be accessed at SUHAKAM’s offices or on its website:

• 20th Session of the Annual Meeting of the ICC, Geneva, April 14-18;

• 7th Regular Session of the Human Rights Council, Geneva, March 2-27; and

• International Conference on Human Rights of Migrants and Multicultural Society: Dignity and Justice for All Migrants in Seoul and Study-tour of the NHRI of Korea, Nov 10-14.

MEMBERS OF INTERNATIONAL ISSUES AND COOPERATION COMMITTEE

Dato’ Choo Siew Kioh (Chairperson) Tan Sri Datuk Seri Panglima Simon Sipaun Datuk Dr Chiam Heng Keng Tunku Datuk Nazihah Tunku Mohd Rus Datuk Dr Denison Jayasooria Datuk Dr Michael Yeoh Oon Kheng Datin Paduka Zaitoon Dato’ Othman

CHAPTER 5(i) ACTIVITIES OF SUHAKAM IN SABAH

Many in the State have come see SUHAKAM as the agency of last resort in getting their grievances redressed. The Sabah Office spends a considerable amount of time on dealing with the needsof walk-in complainants. Interestingly, even illegal immigrants are beginning to approach SUHAKAM for assistance.

Although a number of cases do not involve direct violation of human rights, the opportunity is taken to explain the role and functions of SUHAKAM. Help is also provided in identifying the relevant government agencies that they should approach. Where the complainants are unable to read and write, the Commission goes the extra mile to be of assistance.

During the year, the State Director of Forestry responded to a report on SUHAKAM’s field visits to Sandakan, Tawau, Semporna and Keningau in 2007. These visits were organized in response to allegations of human rights violations on the part of enforcement personnel from the Forestry Department. Complainants had also alleged that their houses were razed. In his reply, the Director of Forestry maintained that all action taken was in accordance with provisions of the Forest Enactment, and that complainants could take the Department to court if they feel aggrieved. One group has done just that.

SUHAKAM advises the State Government and officials handling land and forestry matters to be more understanding, compassionate, considerate and less legalistic, and to adopt a more caring attitude on land issues. SUHAKAM would again like to urge the State authorities to give due attention to 10 specific recommendations made on land matters in 2005, as complaints continue to be received unabated. Despite a verbal assurance from the Office of the Secretary of Natural Resources in the Chief Minister’s Department, which is in charge of land and forestry matters, no official response has been received to date on these recommendations.

The Sabah Office remains involved in such main activities as organizing road shows at district level; holding ‘meet the people’ sessions at tamu (local markets); and visiting places of detention. In addition, it participated in the Integrated Mobile Complaint Counter project organized by the Federal Public Complaints Bureau in Sabah.

1. ISSUES AND RECOMMENDATIONS BY PARTICIPANTS

The Sabah Office received 389 complaints, of which 102 were resolved, 75 required no further action and 212 are receiving attention.

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Table 1: Complaints Received by Sabah Office, 2008

NO. NATURE OF COMPLAINTS NO. OF CASES

1. Citizenship issues 144

2. Land matters 130

3. Government agencies (Police & Immigration) 40

4. Employment matters 22

5. Basic necessities 19

6. Welfare matters 8

7. Others 26

Total 389

2. CITIZENSHIP ISSUES

The year saw a significant increase in the number of walk-in complainants, including illegal immigrants. Issues involving illegal immigrants have been described as the main source of many problems in Sabah. Evidence of new and disturbing trends is being detected, as illustrated by the following walk-in cases:

(i) A Filipino complained that his children were unable to gain admission into a particular school despite the fact that he is a MyKad holder. His birth certificate indicates that he was born in Kampung Pirasan, Kota Marudu. The complainant admitted, however, that he has never been to Kampung Pirasan and does not know where it is – there is no such place, in any case. His birth certificate further shows that he and his parents are not citizens. How he became a MyKad holder is baffling.

(ii) Another Filipino said he has been in possession of a bunga raya (or old) identity card (IC) since 1994. He is a member of a political party. He has applied to change his IC to a MyKad but complained that he has not succeeded in doing so. He said his IC is only useful during elections, as he is able to vote in the Libaran state constituency. Beyond that, it does not serve any purpose.

(iii) A Filipina, aged 24, has a birth certificate stating that she was born in Labuan on Nov 3, 1984. It shows that she and her parents are not Malaysian citizens. However, in 1998, her father managed to obtain the old IC and two years later, was issued a MyKad. His complaint was that his wife and daughter now cannot get a MyKad.

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(iv) A Filipino couple who have eight children have no relevant personal documents. Yet the husband and three of the children have been issued a MyKad. The complainant said his wife and other children are unable to obtain a MyKad.

(v) A Filipina, aged 56, has a MyKad which indicates that she is a Malaysian, a Muslim and bumiputera. Her two sons aged 23 and 21 respectively have no IC because their birth certificate shows that they are not citizens. According to their documents, their parents are not citizens either. The complainant said her sons have not been able to get a MyKad although she holds one. She admitted that, while the photograph on the MyKad is hers, the name belongs to someone else.

(vi) One Filipino was detained under the Internal Security Act 1960 from Nov 16, 1995 to Nov 15, 1997 at the Kamunting Detention Centre in Taiping, Perak. He was arrested in Kota Kinabalu for alleged involvement in the issuance of ICs to illegal immigrants. Upon his release he returned to The Philippines, leaving his wife and children in Sabah.

Early in 2008, he came back to Sabah to see his family. In September, he visited the National Registration Department (NRD) to find out the status of his application for a MyKad. He claimed that his MyKad and that of his wife are ready but that the Department will not release the documents. He further claimed that entering Sabah is as simple as moving between Centre Point in Kota Kinabalu and Sembulan, about 1km away.

(vii) A Filipino and an Indonesian were found to have the same name and IC number – H053907. The Filipino claimed he was born in Kampung Likas, Kota Kinabalu, while the Indonesian said he was born in Beaufort. The Filipino obtained his MyKad in December. The Indonesian complained that he is still waiting for his document. The Filipino’s complaint was that his claim for Social Security payments had been turned down because of questions over his citizenship status.

(viii) In contrast to all these cases, a Sabahan born in Kampung Mandurian, Pitas, on March 24, 1975, is still waiting for his Mykad. Both his parents are citizens and have lived in Kampung Mandurian all their lives. The complainant has a valid birth certificate issued by the NRD, which has told him to wait for the outcome of his MyKad application. He has been waiting for 12 years! In the meantime, life is difficult for him since the document is needed in many transactions such as opening a bank account or even when checking into a hotel. He complained that he has been deprived of his rights as a citizen.

The Sabah Office has referred these and other cases to the relevant authorities for their attention and appropriate action. At the time of writing, their response had yet to be received.

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SUHAKAM’s Recommendations

• The Home Ministry should conduct a thorough investigation into allegations that illegal immigrants have been issued citizenship status and MyKad.

• MyKad issued through fraudulent means should be revoked.

• The Federal Government should be transparent and release statistics on the foreign population in Sabah.

• The Election Commission should review judiciously the electoral rolls to ensure that only bona fide citizens are allowed to vote.

• The Federal Government should ensure that foreigners without valid travel documents are barred from entering Sabah.

3. ‘MEET THE PEOPLE’ SESSIONS

These sessions were started in 2007 with the cooperation of the State Public Complaints Bureau. The Federal Public Complaints Bureau joined in during the year under review.

This grassroots programme involves the three agencies sharing a booth at various tamu in rural areas of Sabah. The sessions give residents the opportunity to learn the role and functions of the three agencies and to identify the appropriate agency to which they should direct complaints. Sessions were held at 10 locations over the year.

(i) Semporna, Feb 26

The response was below expectations as many residents were caught up in the campaign leading to 12th General Election on March 8. Although 80 SUHAKAM folders were taken up, only two complaints associated with human rights violations were received.

(ii) Kinabatangan, Feb 28

Again, because of the impending elections, attendance was disappointing. However, about 50 SUHAKAM folders were distributed.

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(iii) Ranau, March 29

Several villagers commented that before the elections, politicians had made many promises about proposed development projects, especially the construction and upgrading of rural roads. To convince the villagers, signboards were erected indicating the proposed projects but without stating the date of commencement. According to the villagers who visited SUHAKAM’s booth, the same politicians were nowhere to be seen when the elections were concluded.

One complainant said the former balai raya (public hall) in Kampung Rondoggung Lama had been turned into a library. He suggested that a new balai raya be built as there is great need for one.

Several complainants drew SUHAKAM’s attention to the many rural roads that are dilapidated and in urgent need of upgrading. Others complained that land applications submitted since the early 1980s have been ignored, and that the same tract has been awarded to a commercial firm which submitted its application much later.

One complainant was unhappy with a new State Government policy which prohibits alienation of land for cultivation if the gradient is 25° or more. He said it has been proven by experience that such plots can be successfully cultivated.

Members of the public seeking information and lodging complaints on human rights at SUHAKAM’s booth in Ranau

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(iv) Tuaran, March 30

All the complaints were associated with land matters. A complainant said that, under the BERJAYA administration of the State, land in Kampung Malangang Baru, Kiulu, had been gazetted for use by the Sabah Forestry Development Authority. Subsequently it was degazetted and reverted to State ownership. However, there has been no response to applications to develop the area.

Another complainant said his land had been compulsorily acquired for the Kota Kinabalu Industrial Project. He was not satisfied with the quantum of compensation and accused the authorities of practising double standards.

One complainant reminded SUHAKAM that he is still waiting for a response to a land-related complaint that he had submitted to the Sabah Office. Another referred to the case of Kampung Tajau which, according to him, had been in existence when a forest reserve was gazetted. It extrudes into the settlement.

(v) Nabawan, May 14

About 80 people visited SUHAKAM’s counter with various complaints.

• Social problems are being associated with the increasing number of illegal immigrants from The Philippines and Indonesia. Complainants alleged that their security is threatened. Incidents of crime such as drug-related activities, burglaries, theft and robberies are becoming more common.

• It was claimed that many illegal immigrants have obtained citizenship status and MyKad, while many locals do not even have birth certificates and MyKad. The locals are therefore being deprived of their right to education and have become stateless in the land of their birth.

• Several complainants expressed disappointment with the NRD for refusing to register the birth of children born out of wedlock, when that the couples have subsequently married. They said the children have become victims of bureaucracy.

• A group of complainants said their land had been compulsorily acquired for construction of the Keningau/Sepulot road, which was completed in 2003. However they are still waiting for payment of compensation.

• Some complainants expressed dissatisfaction that their land applications are still under consideration whereas applications submitted later have been approved.

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• It was alleged that there is an element of favouritism in the distribution of welfare aid, as some applications have not been entertained, while others submitted later have been approved.

(vi) Sook, July 15

The main grievances were about:

• The poor condition of rural roads – one complainant cited an incident in which a vehicle belonging to Sabah Rubber Fund Board overturned while on the way to collect rubber from smallholders;

• Land problems similar to those in other parts of Sabah; and

• Social problems associated with the presence of a large population of illegal immigrants.

(vii) Membakut, June 10

Village chiefs, chairpersons of the Village Security and Development Committees, native chiefs and district chiefs met with SUHAKAM’s team. About 10 complaints were submitted, of which the majority were related to land matters. Some were unhappy with the quantum of compensation, and others were frustrated by administrative delays.

(viii) Sipitang, June 11

All the cases raised were associated with land matters. One complainant reminded SUHAKAM of a complaint he had submitted in 2005. He said Kampung Mondolong had been gazetted in 1982 as a village reserve. However, a large commercial company has since entered the area and villagers face the possibility of losing their land. The actual situation remains unclear.

(ix) Pitas, July 1

About 80 people visited SUHAKAM’s booth. Many were curious to learn about human rights and the Commission’s work. Two complaints were received about land matters, and three on poor infrastructure. About 100 SUHAKAM folders were distributed.

(x) Matunggong, July 3

Although 102 folders were collected by visitors, only one complaint was received. The complainant, from Kampung Bukit Lalang, said he was disappointed with the State Government’s lack of response to the villagers’ request for basic infrastructure. The villagers have also applied for the land that they have occupied to be designated as a village reserve.

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SUHAKAM’s booth in Matunggong

4. SUHAKAM ROAD SHOW

This is an on-going human rights awareness programme which the Sabah Office started in July 2002. Generally, the local Member of Parliament or the State Assemblyperson is invited to officiate at the event. This is followed by a briefing on human rights and the role and functions of SUHAKAM. Since 2007 the State Public Complaints Bureau has been given a slot to explain its role and functions. The Federal Public Complaints Bureau in Sabah also participated during the year.

This co-operation represents an excellent arrangement for the three agencies to serve the rakyat in the best way possible. All three have similar functions in the sense that they provide an avenue for submission of complaints. SUHAKAM takes care of human rights violations, while the Federal and State Public Complaints Bureau respectively handle complaints against the Federal and State civil service and agencies.

Participants typically comprise political leaders, community leaders, civil servants, members of non- governmental organizations, district chiefs, native chiefs, village heads, school principals, teachers, students and members of the public. Attendance has ranged between 250 and 1,200 people at each venue.

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(i) Banggi Island, March 26

Held in Karakit town, the function was officiated by the Banggi Assistant District Officer (ADO), Encik Yassin Nasir. SUHAKAM was represented by Vice-Chairperson Tan Sri Datuk Seri Panglima Simon Sipaun and Commissioner Dato’ N Siva Subramaniam; and the State Public Complaints Bureau by Haji Aliuddin Haji Mohd Onon. There were about 250 participants. The newly-appointed principal of SMK Banggi, Encik Nordin Haji Awang Besar, was invited to join the panel.

Participants raised the following issues, suggestions and complaints:

• That the NRD and the Lands and Surveys Department should open an office in Banggi Island;

• That an application for land by about 50 families was not considered by the relevant agency – subsequently the same plot was earmarked for use by a government agency;

• That Ketua Kampung (village heads) should be more committed to their work;

• That the chairperson and members of the Village Development and Security Committee should have a review of their allowances – the ADO informed them that their allowances had been raised with effect from February and they would receive the new rate the following month;

• That there is a lengthy delay in the issuance of land titles – one participant said he believes that at least 90% of the cases are still pending approval;

• That Banggi should be upgraded from a sub-district to a full district – the ADO clarified that an application had been made but Banggi is still unable to meet the criteria for a full district in terms of revenue generation and population size;

• That there is lack of respect for native customary rights (NCR) to land among the relevant authorities;

• That Banggi has no doctor although it has a clinic – a participant said that at least three clinics are needed; and

• That ferry and other transportation fares should be reduced for senior citizens and children.

The presence of the local officials was very useful as they were able to clarify all the issues raised.

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(ii) Tongod District, Aug 7

YB Masiung Banah, the State Assemblyperson for Kuamut, officiated at the event. Tan Sri Datuk Seri Panglima Simon Sipaun and Dato’ N Siva Sumbramaniam represented SUHAKAM, while Puan Moines Jenjeli represented the State Public Complaints Bureau and Cik Claire William Sorimpot, the Federal Public Complaints Bureau.

About 90% of the issues raised were related to land. The former State Assemblyperson, Mr Johnny Intang, pointed out that a large tract of land under NCR has been alienated to big commercial companies. Village leaders claimed that villagers had been encouraged by former political leaders to develop and work the land without waiting for official approval, to their eventual cost. For instance, about 446 villagers had settled in Kampung Masaum since the early 1970s. In 1997, however, the site was alienated to a government agency to plant rubber.

Several participants highlighted the inconsistency of water and electricity supply, and bad condition of roads. For instance, electricity supply in Kampung Pinangah is only available when a Minister visits the village. There were also requests for the Government to post a doctor to Tongod.

Masiung Banah, who stayed till the end of the programme, responded very well to all the complaints and grouses. He told the gathering that he is aware of all the shortcomings and has raised the issues in the State Legislative Assembly; he has also informed the Chief Minister and relevant heads of departments about these matters. He further said he is confident that the State Government is attending to the land and development problems, and appealed for patience.

(iii) District of Paitan, Nov 4

YB Datuk Surady Kayong, the State Assemblyperson for Sugut, joined SUHAKAM Vice-Chairman Tan Sri Datuk Seri Panglima Simon Sipaun, Commissioners Dato’ N Siva Subramaniam and Dato’ Haji Khalid Haji Ibrahim, and officers of SUHAKAM Kuala Lumpur and the Sabah Office at the event. Encik Hamzani Osman represented the Public Complaints Bureau of the Chief Minister’s Department. Assistant District Officer Encik Mohd Abdullah Tuah welcomed the participants.

Again, about 90% of the complaints were related to land matters. Participants voiced disappointment with the relevant authorities for taking too long to respond to land applications. In addition to improved roads and utility supplies, they asked for schools, hospitals and a police station. They also noted that employment opportunities are very limited.

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5. ACTION ON COMPLAINTS OF ALLEGED HUMAN RIGHTS VIOLATIONS

Complaints of alleged human rights violation received at ‘Meet the People’ sessions and road shows were subsequently referred to the relevant government agencies for their attention. Although some cases appear to be based on poor perception or misunderstanding of the situation by complainants, all the relevant agencies should nonetheless address the fundamental issues to ensure that there is no violation of human rights of those involved.

6. DIALOGUE SESSIONS

(a) ‘Human Rights and Access to Equitable Healthcare’

The dialogue was held on Jan 8 in Kota Kinabalu as part of SUHAKAM’s consultation with relevant agencies and organizations. The major issues were related to:

• Government efforts to provide equitable healthcare for all

• Human rights and health

• Healthcare facilities and illegal immigrants

• Access to healthcare services for the poor

• Lack of clean water supply

• Physical access to isolated villages

A report incorporating the recommendations will be submitted to the Ministry of Health.

(b) Dialogue with Villagers of Kampung Telaga, Pitas

Vice-Chairman Tan Sri Datuk Seri Panglima Simon Sipaun and Commissioners Dato’ Haji Khalid Haji Ibrahim, Datuk Dr Chiam Heng Keng and Tunku Datuk Nazihah Tunku Mohamad Rus attended the session on Jan 9. The Assistant District Officer of Pitas, Encik Petrus Apin, was present.

Villagers expressed their concern over unsatisfactory water supply, poor infrastructure, lack of economic activities and employment opportunities, and lengthy delays in the issuance of land titles.

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This was held on April 3 in Kota Kinabalu. Tan Sri Datuk Seri Panglima Simon Sipaun, Datuk Dr Denison Jayasooria, Datuk Dr Chiam Heng Keng, Dato’ Choo Siew Kioh, Dato’ Dr Michael Yeoh Oon Kheng and Dato’ Haji Khalid Haji Ibrahim represented SUHAKAM.

The discussions covered:

• Relevance of SUHAKAM both in the short and long term;

• Lack of response to applications to register political parties such as the Majlis Dayak Council;

• Percentage of complaints that SUHAKAM has solved; and

• Issues linked to corruption.

(d) ‘Civil and Political Rights’

Held on June 12 in Kota Kinabalu, this was the first dialogue organized by the Civil and Political Rights Working Group since its inception on May 12. The 87 participants represented various NGOs in Sabah. Representing SUHAKAM were Tan Sri Datuk Seri Panglima Simon Sipaun, Tan Sri Dato’ Dr Asiah Abu Samah, Datuk Dr Denison Jayasooria, Dato’ Dr Michael Yeoh Oon Kheng, Tunku Datuk Nazihah Tunku Mohamad Rus and Dato’ N Siva Subramaniam.

The discussions covered:

• The presence of illegal immigrants, and calls for an Independent Royal Commission of Inquiry into the issue

• Security concerns

• Elections, including tainted electoral rolls

• Corruption

• Alleged ‘marginalization’ of Sabah

• Perceived lack of transparency in the appointment of SUHAKAM Commissioners

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(e) Dialogue with Government Agencies

This was held to discuss the initial findings on the application of Millennium Development Goals on microcommunities in Malaysia, based on surveys conducted by SUHAKAM at Kampung Telaga, Pitas. About 35 participants from relevant government agencies attended the discussion on June 13 in Kota Kinabalu. It covered poverty, health, education, gender equality and housing needs, among other issues.

SUHAKAM was represented by Tan Sri Datuk Seri Panglima Simon Sipaun, Datuk Dr Denison Jayasooria, Datuk Dr Chiam Heng Keng, Tunku Datuk Nazihah Tunku Mohamed Rus and Dato’ Haji Khalid Haji Ibrahim.

7. INTEGRATED MOBILE COMPLAINTS COUNTER

This project is the brainchild of the Federal Complaints Bureau which started operations in Sabah in April 2007. The main objectives are:

• To make it easier for the public to lodge complaints and offer suggestions on how to improve the Government’s delivery system

• To strengthen the relationship between government agencies and the public, and between government agencies themselves, by opening complaints counters

• To give the public an opportunity to understand the role, functions and responsibilities of government agencies

• To enable government agencies to appreciate the problems faced by people at the grassroots and to facilitate prompt action on complaints received

(i) Sandakan

SUHAKAM Sabah Office participated in the programme for the first time when it was held at Wisma Persekutuan in Sandakan on April 30. About 25 Federal and State government agencies took part.

(ii) Keningau

SUHAKAM participated for the second time on May 8 at the Dewan Arked in Keningau, alongside 18 government agencies. Several key issues were brought to SUHAKAM’s attention.

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• There were complaints about the large number of illegal immigrants in the district, particularly at the tamu ground and in night markets. They allegedly monopolize business and deprive licensed bumiputera traders of opportunities to trade. They are also suspected to be involved in crimes like murder, rape, intimidation, robbery and sale of drugs. Many are suspected to have acquired MyKad illegally.

• Law enforcement personnel were accused of practising double standards. They allegedly target local transportation operators who have valid licences, but are lenient with illegal immigrants operating without valid licences.

• Illegal immigrants are said to be selling contraband cigarettes and other smuggled items on the streets.

• Youths in the local population of illegal immigrants loiter on the streets and are involved in gang fights.

(iii) Penampang

The Public Complaints Bureau of the Prime Minister’s Department organized the third programme in Donggongon, in Penampang district, on Nov 6. YB Tan Sri Bernard Giluk Dompok, the Minister in the Prime Minister’s Department, officiated at the event. About 100 people visited SUHAKAM’s booth. They showed great interest in the Commission’s work.

8. VISITS TO DETENTION CENTRES

The Sabah Office conducted visits to places of detention together with the Complaint and Inquiries Working Group to monitor conditions and to ensure their consistency with internationally recognized human rights standards such as Standard Minimum Rules of Places for the Treatment of Prisoners.

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Table 3: Visits to Places of Detention, 2008

NO. DATE PLACES OF DETENTION

1. Feb 22 Tawau Temporary Detention Centre

2. Feb 22 Tawau Prison

3. June 13 Kepayan and Women Prison, Kota Kinabalu

4. Sept 5 Menggatal Temporary Detention Centre

5. Sept 6 Sandakan Temporary Detention Centre

6. Oct 20 Paradise Camp, Kota Belud

9. MEETINGS

Two meetings were held with the Sabah Police.

SUHAKAM Vice-Chairman Tan Sri Datuk Seri Panglima Simon Sipaun, Commissioners Dato’ Choo Siew Kioh and Dato’ N Siva Subramaniam, and Ameer Izyanif of the Complaints and Investigation Unit attended the first meeting on Feb 21 with Sabah Commissioner of Police, Dato’ Noor Rashid Ibrahim, his deputy and other senior officers. The aim was to exchange ideas, views and experiences to bring about better understanding and cooperation.

The second meeting was held on May 9. Dato’ Noor Rashid Ibrahim and Dato’ Hamid Badrul, the Head of the Special Branch, represented the Police. SUHAKAM was represented by Tan Sri Datuk Seri Panglima Simon Sipaun and Assistant Secretary Encik Jasmih Slamat.

The meeting was to discuss complaints by 171 smallholders in Tingkayu who had alleged that the Police in Kunak had refused to accept their reports. They also claimed that a company had seized about 800ha of oil palm plantation from them. The Commissioner of Police explained that, of the 16 reports received at the time, 13 merited further investigations.

10. PARTICIPATION IN TALKS

SUHAKAM Vice-Chairman Tan Sri Datuk Seri Panglima Simon Sipaun was invited by various groups to speak on human rights (Table 2).

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Table 2: Talks on Human Rights, 2008

DATE Location Topic

Feb 7 Kota Kinabalu United Nations Development Programme-Centre for Poverty and Development Studies, Universiti Malaya Roundtable Discussion: ‘Overcoming Challenges and Devising Sustainable Strategies and Programmes for Poverty Alleviation in Sabah’

June 28 Rotary Club of Children’s Rights Kota Kinabalu

July 19 Rotary Club of Access to Healthcare in Sabah Kota Kinabalu South

Aug 30 Kota Kinabalu Illegal Immigrants and Land Issues

Oct 16 Kuala Lumpur Illegal Immigrants and Land Issues

Oct 18 Kota Kinabalu Women’s Rights

11. INTERVIEWS

SUHAKAM Vice-Chairman Tan Sri Datuk Seri Panglima Simon Sipaun gave several interviews on human rights.

NO. DATE Representative/Organization

1. Jan 2 Abdul Naddin of The Borneo Post

2. May 3 Muhamed Yazzer Mahmun of TV3

3. July 11 Mary Chin of Daily Express

4. July 11 Fauzan Mydin and Abdul Naddin of The Borneo Post

5. July 11 Shawaludin of Universiti Malaysia Sabah

6. July 11 Violet Lo Tsy Yun of NTV7

7. July 24 Tan Yi Liang of The Sun

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Table 4: Interviews with SUHAKAM Vice-Chairman

NO. DATE Representative/Organization

8. July 27 Florence Samy of The Star

9. July 28 James Lliffe of Black and White Media, Australia

10. July 31 Donna Jean Guest, Deputy Director of Amnesty International, London 11. Aug 5 Associate Professor Andrea Durbach, Director of Australian Human Rights Centre, Faculty of Law, University of New South Wales, Australia

12. Sept 3 Fahmi Fadzil of Fairly Current Show (Internet TV programme)

13. Sept 16 Islamic Republic of Iran Broadcasting

14. Oct 22 Nancy Lai of The Borneo Post

15. Dec 15 Bernama TV (Live) 10-11pm

16. Dec 30 RTM Sabah

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CHAPTER 5(ii) ACTIVITIES OF SUHAKAM IN SARAWAK

Complementing the role of SUHAKAM’s head office in Kuala Lumpur, the Sarawak Office emphasizes human rights education alongside investigation of alleged violation of human rights in the State. Land matters are still the main area of concern in complaints. Field trips are often required to verify details and to gather additional information.

The Sarawak Office also provides assistance to SUHAKAM’s Working Groups that carry out work in the State, while organizing dialogues and a road show to districts.

1. ACTION ON COMPLAINTS

The Sarawak Office recorded 78 complaints (Table 1), but this does not take into account cases raised during SUHAKAM’s road show. Land-related matters accounted for 45 complaints. These included alleged non-payment of, or inadequate compensation for, land that has been compulsorily acquired; and encroachment into land over which native customary rights are exerted.

Ten of the complaints were resolved; 28 were not related to violation of human rights; and the remaining 40 were forwarded to the relevant authorities for clarification and appropriate action.

Table 1: Complaints Received by Sarawak Office, 2008

NO. NATURE OF COMPLAINTS NO. OF CASES

1. Native customary rights to land / Logging 45

2. Right to employment 9

3. Access to identification documents 8

4. Access to basic infrastructure and services 2

5. Environment 2

6. Police 1

7. Miscellaneous 11

Total 78

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Figure 1: Resolution of Complaints by Sarawak Office, 2008

Complaints Received

40 10 (26%) (6%)

28 (50%) 78 (50%)

received process closed nhr

2. CORE ISSUES IN COMPLAINTS

(a) Native Customary Rights (NCR) to Land

Development and exploitation of forest resources have frequently resulted in conflicts between the Indigenous People and the private or semi-government agencies involved. These conflicts arise primarily due to lack of official demarcation as to what constitutes NCR land and State land; non-compliance by the private enterprises with specific guidelines; and shortcomings of the relevant enforcement agencies.

The most common complaints are that: • Enforcement authorities do not take such cases seriously and in some cases, the complainants are targeted for action instead;

• Compensation is not paid, or payment is delayed, or the quantum is inadequate in instances where land is acquired by the authorities;

• Provisions in the Sarawak Land Code 1958 encumber the establishment of land rights by indigenous communities, especially in the case of the Penan Community;

• There is a general lack of free, fair and transparent consultation with communities affected by major development projects involving NCR land; and

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• Local communities feel left out of the opportunity to be involved in economic spin-offs from development projects.

Oil palm plantations now cover some of the land to which NCR are claimed

(b) Right to Education

Settlements in the interior of the State require additional or improved schools, to raise the educational standards of indigenous children. Access to primary education by marginalized rural communities like the Penan needs to be addressed urgently. SUHAKAM suggests that the Ministry of Education should develop special education modules or build hostels for parents to be close to children who are in the lower primary classes. This will reduce absenteeism and ensure continuity of education. Equally important is a need to improve the administration of welfare schemes for students from low-income families.

Qualified and dedicated teachers must be assigned to these rural schools. The physical structureof schools and accommodation for teaching staff requires upgrading to provide a more conducive learning, working and living environment. If not addressed, the situation will lead to adverse effects in the long term on the rural population in terms of their ability to empower themselves.

In some rural areas, tracks made by timber trucks are the only roads available to the population, but their use becomes hazardous during the wet season. There is heavy reliance on river transportation which is

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costly and time consuming. In other areas, the only way to get from place to place is to walk. Other forms of communication are also inadequate.

Rural communities are highly dependent on the river for water supply. However, many rivers are polluted by rapid land development and under-supervised and under-monitored logging activities. As such, the communities are denied their basic right to clean water.

Electricity supply is a luxury in rural communities. Some depend on generators which are unreliable and costly to run and maintain. This situation is indeed paradoxical, given the State’s ambition to become a major producer of hydroelectric energy.

Some remote villages are still without the most rudimentary of sanitation facilities including toilets or rubbish disposal services. In addition, the residents are not familiar with basic hygiene practices.

(d) Right to a Clean Environment

There are extensive areas of forest cover to sustain a healthy living environment for the people of Sarawak. Industrial activities have not reached a level that has any measurable negative impact on the environment. However this may not be the situation for long. Development plans are being implemented, which will see the inflow of potentially polluting coal- and aluminium-based industries. Logging and plantation activities have contributed to the loss of forest cover, sedimentation of rivers, and reduction in the population of small game and fish.

Environmental groups have expressed concern over the impact of constructing mega-hydroelectric dams, both on the flora and fauna. Apart from direct effects arising from flooding the land,the environment will be affected by noxious gases released by decaying drowned vegetation.

(e) Right to Livelihood

Poverty still affects some segments of the population, especially in some coastal villages and interior settlements. Despite the abundance of State and Federal agencies tasked with assisting such groups, there are microcommunities still struggling to escape the clutches of poverty. Economic activities are insufficient or non-existent in some small townships.

Forest-based communities, whose native customary land and/or adjoining forests have been developed into estates or logged, find their sources of livelihood diminishing. Their lack of knowledge of settled agriculture and the cash-oriented economy – coupled with low levels of education – put them at a risk of sliding into poverty. This is evident in some of the communities displaced by the Bakun hydroelectric

116 CHAPTER 5(ii) - ACTIVITIES OF SUHAKAM IN SARAWAK dam project. Now, there are similar concerns about the fate of communities who will be displaced by the Murum hydroelectric dam project.

(f) Right to Identification Documents

A significant percentage of the rural community still does not possess personal identification documents. This is very glaring in the Penan Community. There is a failure to register new births, or the process is delayed because of poor access to healthcare facilities. This subsequently makes it exceedingly difficult for the people to acquire birth certificates. The National Registration Department (NRD)has added procedural requirements that make it even more difficult for parents to apply for late registration of births. Some applicants do not have the money to pay the fine for late registration.

A recent departmental directive – which does not recognize marriages solemnized by community leaders – increases the burden for children of such marriages in obtaining a birth certificate. It has also reduced the effectiveness of the work of mobile registration teams. The absence of personal documents will cause difficulty for individuals in accessing basic needs like education, welfare and healthcare. Those who have attained voting age will be denied their civil and political rights.

3. KEY INCIDENTS

Three prominent cases of alleged violation of human rights were brought to SUHAKAM’s attention during the year.

(a) Sacking of Community Leaders, Bau District

Towards the end of the year, a group of Bidayuh headmen said they had been unfairly sacked as community leaders because they were linked with opposition political parties during the 12th General Election held in March. As has been the custom, they were elected by their community and their names were submitted to the State Government, which then formalized their appointment. Documents made available to SUHAKAM indicated that these leaders had been given show-cause letters by the District Office during the run-up to the General Election.

While recognizing the State Government’s right to appoint and revoke people to such posts, it is not fair to base such decisions on their political leanings and without taking into consideration the wishes of the majority in their communities. There should be less politicking and more professionalism in the management of the affairs of state. The competition for positions of power should be motivated by a desire to serve the public, with sensitivity to the needs of the weak, the vulnerable and the underdog.

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(b) Alleged Rape of Penan Women and School Girls

In the last quarter of the year, a foreign non-governmental organization (NGO) – the Bruno Manser Foundation – reported that Penan women and school children were allegedly being sexually abused and raped by loggers in Ulu Baram. This had resulted in a sense of insecurity and fear in the Penan Community. Some survivors were said to have become pregnant and, consequently, ostracized by their community.

SUHAKAM, through its office in Kuching, contacted local NGOs to obtain more details. Meetings were then held with the State Director of Education and the office of the Commissioner of Police.

The Education Department said it had completed its investigation into the alleged rape of a student. However, it was not able to gain direct access to her. The secondary information gathered was therefore inconclusive.

On Nov 20, SUHAKAM held a meeting with the State Assistant Commissioner of Police and was told that an investigation had been carried out in early October. The Police questioned 57 witnesses and visited Long Loteng, Long Kevok, Long Kawi, Long Pakan, Long Item, Long Latih, Long Lama, Long Bedian and Long Belok. Available Police records in the Baram District from 1995 showed that, of 11 rape reports, one involved a member of the Penan Community.

Insofar as the more recent allegations were concerned, the Police investigations indicated that one complainant had married the alleged perpetrator, who had been supporting her. Another complainant apparently did not know the suspect(s) and was uncertain as to when and where the alleged incident had taken place. The Police also said they had experienced difficulty in contacting witnesses from the NGO concerned.

SUHAKAM will continue to engage NGOs, the Police, relevant government agencies and the Penan Community to ascertain the validity of these reports. The Commission had planned to carry out its own investigations, but was forced to reschedule its visits due to adverse weather conditions. There was also a possibility that members of the Community would be reluctant to divulge information in view of the massive publicity the cases have generated.

On Sept 9, SUHAKAM send an investigation team to Kampung Gedong in Serian, following a complaint by villagers that a private company had encroached into NCR land and prevented them from attending to their oil palm plots by engaging gangsters.

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SUHAKAM met with the complainants, the village headman, the Police and representatives of the private firm developing the oil palm estate. A follow-up meeting was held with the elected representative for the area and the Land and Survey Department in Kuching.

From these meetings, it was gathered that the elected representative has been instrumental in bringing in the private investor to develop what was then vacant State land. The villagers, including the complainants, were invited to participate in the project but had declined on the ground that part of the land planned for the development had been worked on by their forefathers.

Official documents indicate that the area was legally State land until it was leased out. Theprivate company submitted an application to develop the land in 1990 and this was approved in 2001. The company representative stated that, when the Environmental Impact Assessment (EIA) study was carried out, no agricultural activities were noticed. The company then began cultivating the land in 2005.

In these circumstances, it was difficult for SUHAKAM to ascertain whether the complainants’ ancestors had indeed worked the land, because the area has already been largely planted with oil palm. The headman indicated that the complainants only started work on the area after an access road had been built by another firm to the adjoining concession area.

Villagers showing relevant documents to back their allegation that a plantation company has encroached into their NCR land

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Although it will not be easy to determine the status of the land under the Sarawak Land Code 1958, SUHAKAM suggests that the private developer should resume negotiations with the complainants and allow them to harvest their existing crop. The authorities should also find alternative sites for the complainants to carry out agricultural activity. This is especially because some complainants fall into the poverty group, while one is a single parent.

4. ROAD SHOW

The Sarawak Office conducted four dialogue sessions with the assistance of Sub-district Offices in Spaoh, Debak, Saratok and Limbang. Three SUHAKAM Commissioners and a District Officer made up the panel of speakers at each venue. Participants included local civil servants, members of political parties, community leaders, NGOs and students.

The sessions were generally well attended. At each, participants were briefed on what constitutes human rights and on SUHAKAM’s role in protecting and promoting human rights. This was followed by an open dialogue with participants, who had the opportunity to raise general human right issues and air specific complaints.

Several issues were raised:

(i) The State Government’s reluctance and inability to issue titles to land occupied by indigenous communities;

(ii) Non-compensation, inadequate compensation or delay in the payment of compensation for land acquired for development purposes by private enterprises or government agencies;

(iii) Poor infrastructure and lack of access to basic amenities like water, electricity, education, health and sanitation;

(iv) Lack of economic activities or access to spin-offs from development projects;

(v) Inadequate access to a social safety net among the poor, disabled, elderly and single mothers;

(vi) Misallocation of subsidies intended to alleviate poverty, which do not reach the target groups;

(vii) Undue delays in processing land applications submitted by the ordinary citizen, but speedy attention to those by corporate bodies and politically-linked business groups;

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(viii) Dissatisfaction with services rendered by the local authorities, civil servants and some elected representatives;

(ix) Selective registration of political parties by the relevant authority;

(x) Insufficient allowances for community leaders and a call for this to be reviewed;

(xi) Selective action and delays in action, as well as misuse of power, by the Police; and

(xii) Concerns that limits on SUHAKAM’s powers, as defined in the enabling legislation, will impact negatively on the Commission’s effectiveness and may lead to the downgrading of its status internationally.

5. ROUNDTABLE DISCUSSIONS (RTD)

These were held with various government agencies, private enterprises, community groups and NGOs to discus issues related to human rights.

(a) Murum Hydroelectric Dam (MHD)

(i) RTD with government agencies

In response to the concerns of indigenous communities who will be displaced by the construction of the MHD, the Economic, Social and Cultural Rights Working Group and the Sarawak Office jointly organized a meeting with the relevant government agencies. This was to gain insight into the background and rationale of the MHD and to identify potential human rights issues associated with the project.

SUHAKAM was led to understand that the MHD is part of the State’s long-term plan to exploit and develop Sarawak’s potential as an energy provider. This will serve both the State’s needs in its drive for industrialization as well as contribute to the national and potential regional energy demand.

Six indigenous villages will be directly affected by the MHD. These are settlements in Long Singu, Long Pelutan, Long Tangau, Long Luar, Long Malim and Long Wat.

The State Government has taken some steps to engage the communities and inform them about the project. An EIA report on the dam has been initiated and is being fine-tuned.

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(ii) RTD with leaders of internally displaced and affected groups

Two discussions were held respectively on Aug 25 in Kuching and on Sept 13 in Bintulu. These involved representatives of NGOs, community-based organizations and leaders of villages that will be affected by the MHD.

Participants raised these issues:

(i) The extent of consultation with the affected communities was inadequate and the parties consulted did not represent the majority view.

(ii) The process was meaningless as the project had started even before consultations were held.

(iii) There were fears that compensation for NCR land and planted crops and property will not be approved, or the quantum will be inadequate and involve undue delays in payment.

(iv) The proposed location for resettlement and the facilities to be provided had not been discussed with the affected communities.

(v) There was uncertainty with regard to opportunities and means to earn a living, going by the difficulties experienced by internally displaced groups in the Bakun dam project.

(iii) RTD with environmental groups

This discussion was with groups concerned about the impact of construction on the environment. They questioned the rationale of building another dam to generate electricity. Participants said the EIA and Social Impact Assessment reports have yet to be opened for public scrutiny. They pointed to the risk of noxious gases being produced by decaying drowned vegetation and the effects on the environment.

Suhakam’s Recommendation

The Commission accepts that the State has a right to exploit natural resources for the benefit of the people. However, SUHAKAM feels that, prior to the commencement of such a mega-project, a broad, inclusive, free and transparent process of consultation is warranted to mitigate concerns over the potential impact on the environment and on the local society.

(b) RTD with NRD and Community Leaders

The Sarawak Office received a memorandum from a group of community leaders from the Bau District

122 CHAPTER 5(ii) - ACTIVITIES OF SUHAKAM IN SARAWAK in Kuching Division regarding the validity of marriages that they have solemnized. They contended that the NRD does not recognize such marriages and the related documents issued. Parents therefore find it difficult to obtain birth certificates for children born before the marriage was solemnized.

There were also instances of couples who have been married for years but whose newborns cannot be registered because the marriage is not recognized. This is despite the fact that children previously born to these couples have been issued birth certificates. The couples have been told to re-register their marriages before their children can obtain birth certificates. The community leaders felt that such directives place an unnecessary burden on the children in particular, in accessing basic rights.

SUHAKAM held a meeting with representatives of the NRD, State Secretariat, Bau District Office and community leaders of various ethnic groups. Participants were informed that marriages certified by recognized community leaders will not pose any difficulty for couples. Problems can be expected when either bride or the groom is not a citizen or when a marriage occurs between individuals from different ethnic groups. Such marriages can still be registered in collaboration with the relevant District Office and the NRD.

It was highlighted that NRD personnel face difficulty in communicating with individuals from some ethnic groups and that this leads to technical discrepancies. The registration officers said they sometimes cannot ascertain the status of community leaders, as some of the villages involved have not been gazetted.

The rights of children born out of wedlock were also discussed. Participants were reminded that community leaders and the native courts have no jurisdiction to legalize a man’s relationship with his mistress as a marriage. It was also stressed that, where children are born before a marriage is registered, there will be a problem in getting the father’s name on the birth certificate. Only the mother’s name will appear on the birth certificate, in keeping with the NRD’s procedure.

SUHAKAM’s Recommendation

The Commission reiterated the importance of official documentation for citizens. This is not just a basic right, but one that will have an impact on an individual’s ability to realize other human rights. It appears that the issues are primarily administrative in nature. As such, both the NRD and State Government should take the relevant steps to address problems on the ground.

The Sarawak Office, in collaboration with the Civil and Political Rights Working Group organized separate discussions with members of the media and NGOs on Aug 12.

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(i) Panel Discussion on Press Freedom

The panel was chaired by Commissioner Datuk Haji Khalid Haji Ibrahim. The discussants comprised Commissioner Dato’ N Siva Subramaniam, Dr Andrew Aeria of Universiti Malaysia Sarawak and Mr William Chan, Executive Editor of Utusan Sarawak.

Panel members reiterated the importance of a free media in the protection and promotion of human rights. Concerns were raised about laws that restrict the media and printing industry, and the inevitable corollary of self-censorship and blackout of controversial news. The importance of the ‘alternative’ media like Internet news portals was highlighted. It was suggested that SUHAKAM takes steps to engage with senior editors on the need for a free and vibrant press.

(ii) Panel Discussion on Civil and Political Rights

The panel was chaired by Commissioner Datuk Michael Yeoh Oon Kheng. The panellists were Commissioner Tunku Datuk Nazihah Tunku Mohamed Rus, YB Abdul Karim Hamzah of Barisan National, and YB Dominic Ng of Parti Keadilan Rakyat.

The discussions centred on land rights, the right to form and register political parties, and lack of impartiality of the authorities. Also raised were:

• The need for a proper EIA report, greater transparency and better engagement of communities affected by mega-projects like dam construction;

• Calls for administrative sensitivity to the needs of all ethnic groups so as to promote a truly united Malaysian society;

• Concern over the downgrading of SUHAKAM’s status by the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights; and

• The suggestion that SUHAKAM should visit villages to promote and protect human rights.

6. LAUNCH OF REPORT ON ‘LEGAL PERSPECTIVES ON NATIVE CUSTOMARY LAND RIGHTS IN SARAWAK’

Given the significant number of complaints lodged by indigenous communities on their NCR to land, SUHAKAM engaged Professor Ramy Bulan of Universiti Malaya to conduct research into the issues involved. The findings were published and the report was launched in Kuching on Aug 12 by YB Dato Sri

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Dr James Jemut anak Masing, the State Minister of Land Development.

Prof Ramy Bulan presented a summary of the findings. These indicate that the common law and case laws in other countries lend support to the rights of indigenous communities to customary land. Local court decisions have recognized such rights in principle. It was also argued that customs and traditions governing the historical use of land by indigenous communities in Sarawak constitute a right by themselves and that local legislation should further strengthen the right.

Dr Masing in his address acknowledged that the right of Indigenous People to customary lands has been central to complaints. He reiterated that the State Government has always recognized the right of indigenous communities to their customary land, as laid down in the Sarawak Land Code 1958. Such land has been and will continue to be issued legal documents when included in NCR development projects. Dr Masing also gave an assurance that his Ministry would look into SUHAKAM’s findings and recommendations.

7. VISITS TO PLACES OF DETENTION

Visits were conducted to the prisons at Sri Aman, Miri and Limbang during the year. SUHAKAM found that the care, food and welfare services provided to detainees were adequate, while the infrastructure was good. The curriculum for skills training was well designed.

8. TALKS ON HUMAN RIGHTS

Commissioner Dato’ N Siva Subramaniam and Assistant Secretary Encik Sophian Osman were invited to give talks on human rights and the role of SUHAKAM to staff of the Malaysian Pepper Board in Sarikei.

Commissioner Dr Mohammad Hirman Ritom Abdullah officiated at the launch of a polls website on Sarawak: ‘The Promised Land’.

9. VISITORS TO SARAWAK OFFICE

The visitors included the Canadian Ambassador to Malaysia.

125

APPENDICES Division Publication Human Training Resource, Committee Budget and Division Social and Economic, Cultural Rights Issues and Committee Cooperation International and eaties Tr Division Law Reform International Civil and and Political Rights Division Working Group Working Inquiries Complaints Issues and Social and Economic, Committee Cooperation International Cultural Rights Working Group Working Secretariat Commission Division Promotion Human Rights Education and Complaints and Inquiries Working Group Working Legal Division and eaties Tr Law Reform International Working Group Working Division Public Affairs Education Human Rights Division and Promotion Working Group Working and Finance Administration APPENDIX I APPENDIX STRUCTURE SUHAKAM ORGANIZATIONAL

128 APPENDIX II LIST OF PRESS STATEMENTS

NO. DATE TITLE PAGE

1. Jan 18 SUHAKAM Menggesa Subjek Hak Asasi Manusia dan 131 Aspek Keselamatan Diri Diajar Di Sekolah

2. March 27 Simposium Hak Kanak-kanak: Menjana Pemikiran 133

3. April 11 Positive Moves by the Government in Improving the 135 Prison Conditions

4. May 7 SUHAKAM’s Concern Over The Use Of Sedition Act 136

5. May 12 SUHAKAM Press Statement 137

6. May 13 SUHAKAM to Place Additional Focus On Civil And 139 Political Rights

7. June 9 SUHAKAM Press Statement 141

8. June 25 SUHAKAM: Keadaan Kem Perlindungan Sementara 143 Harus Diberi Perhatian

9. July 3 Public Inquiry into the Allegation of Excessive Use of 145 Force During the Incident at Bandar Mahkota Cheras on 27 May 2008

10. Aug 12 Launch of SUHAKAM’s Report on Legal Perspectives 150 on native Customary Land Rights in Sarawak

11. Aug 13 SUHAKAM Press Statement 153

12. Aug 13 Rights to Expression 155

13. Aug 15 Consultation with NGOs on Universal Periodic Review 156

129 APPENDIX II - SUHAKAM PRESS STATEMENTS

NO. DATE TITLE PAGE

14. Sept 10 SUHAKAM: Tindakan Penangkapan dan Pengusiran 158 Pendatang Tanpa Izin Harus dilakukan Secara Teliti dan Adil

15. Sept 10 SUHAKAM Mengalu-Alukan Pembebasan Tahanan Isa 160

16. Sept 12 SUHAKAM Expresses Great Concern in the Use of the 162 ISA on Raja Petra Kamaruddin

17. Sept 19 SUHAKAM: Exclusion to Welfare and Poverty 163 Eradication Programme is a Human Rights Violation

18. Oct 13 SUHAKAM Calls for the Repeal of the ISA and the 166 Release of the Detainees

19. Oct 16 SUHAKAM: Restrictions and Bans on the Right to 167 Association is a Violation of Human Rights

20. Oct 17 SUHAKAM Press Statement 169

21. Nov 7 SUHAKAM welcomes the release of Raja Petra 170 Kamaruddin

22. Nov 10 Inconsistency and double standard practice by the 171 Police

23. Dec 12 SUHAKAM: Government should repeal the ISA and 173 amend Act 597

130 APPENDIX II - SUHAKAM PRESS STATEMENTS

SURUHANJAYA HAK ASASI MANUSIA HUMAN RIGHTS COMMISSION OF MALAYSIA

SUHAKAM MENGGESA SUBJEK HAK ASASI MANUSIA DAN ASPEK KESELAMATAN DIRI DIAJAR DI SEKOLAH

Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM) turut bersimpati atas kejadian yang menimpa pelajar berusia 15 tahun, K.Yashovan yang meninggal dunia setelah terjatuh daripada tingkat 2 sekolahnya di Bandar Kinrara, Puchong.

Dalam hal ini SUHAKAM ingin menarik perhatian semua pihak kepada Perkara 3 Perisytiharan Hak Asasi Manusia Sejagat (The Universal Declaration of Human Rights) yang menjamin hak setiap individu kepada kehidupan dan Konvensyen Mengenai Hak Kanak-Kanak (Convention on the Rights of the Child) yang menekankan peranan negara dalam menjamin hak kanak-kanak kepada kehidupan serta pendidikan.

Selaras dengan itu, SUHAKAM mengesyorkan agar tahap keselamatan di setiap sekolah di negara ini dipertingkatkan dengan ciri-ciri keselamatan dan menyokong sepenuhnya cadangan pemasangan kamera litar tertutup di sekitar kawasan sekolah diadakan. Pihak sekolah juga perlu lebih peka terhadap sebarang aduan dan masalah seperti kes buli yang dikemukakan sendiri oleh pelajar atau ibu bapa mereka.

Di samping itu, SUHAKAM juga sekali lagi mengulangi syornya agar pengajaran hak asasi manusia dijadikan sebahagian daripada kurikulum sekolah dan ianya wajib disertakan di dalam pengajaran dan pembelajaran di sekolah. Oleh itu, SUHAKAM bersedia bekerjasama dengan Kementerian Pelajaran untuk mencapai matlamat ini. SUHAKAM berharap dengan mewajibkan pengajaran hak asasi manusia di sekolah, ia boleh memberi impak yang lebih berkesan kepada pelajar.

131 APPENDIX II - SUHAKAM PRESS STATEMENTS

Bagi kejadian K.Yashovan ini, SUHAKAM berharap pihak Polis dan Kementerian Pelajaran dapat menyiasat secara telus serta mengambil tindakan terhadap mereka yang bertanggungjawab mengikut saluran perundangan jika didapati bahawa kejadian itu disengajakan atau berlaku kecuaian.

- END -

“HAK ASASI UNTUK SEMUA”

DATO’ N. SIVA SUBRAMANIAM Pesuruhjaya Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM) 18 Januari 2008

132 APPENDIX II - SUHAKAM PRESS STATEMENTS

SURUHANJAYA HAK ASASI MANUSIA HUMAN RIGHTS COMMISSION OF MALAYSIA

SIMPOSIUM HAK KANAK-KANAK: MENJANA PEMIKIRAN

(MEETING OF MINDS ON CHILDREN’S RIGHTS)

Simposium Hak Kanak-Kanak: Menjana Pemikiran anjuran Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM) dengan kerjasama Kementerian Pelajaran Malaysia (KPM) merupakan satu langkah dalam meningkatkan kesedaran orang awam tentang hak kanak-kanak terhadap pendidikan sepertimana yang termaktub dalam Konvensyen Hak Kanak-Kanak (CRC). Simposium yang diadakan pada 7 dan 8 April 2008 di Hotel Seri Pacific ini akan dirasmikan oleh Pengerusi SUHAKAM, YBhg Tan Sri Abu Talib Othman sementara YBhg Dato’ Alimuddin bin Mohd Dom, Ketua Pengarah Pelajaran Malaysia akan menyampaikan ucaptama.

Simposium Hak Kanak-Kanak: Menjana Pemikiran ini adalah bertitik tolak daripada beberapa siri bengkel yang dijalankan SUHAKAM dengan pegawai kanan Jabatan Pelajaran Malaysia di seluruh negara yang telah membincangkan isu seperti hak dan tanggungjawab guru dalam mendisplinkan pelajar serta masalah yang dihadapi mereka dalam menjalankan tugas. Antara isu yang akan diberi penekanan adalah hak guru untuk mendisplinkan kanak-kanak tanpa mencabuli hak mereka, hak guru dalam memartabatkan profesionalisme guru dan human dignity para guru, di samping hak terhadap pendidikan wajib dan percuma serta hak menikmati kemudahan fasiliti dan masalah integrasi murid kurang upaya (OKU) di sekolah aliran perdana.

Simposium dua hari ini melibatkan dua sesi panel perbincangan, dua sesi bengkel, satu forum terbuka dan rumusan yang secara langsung membincangkan isu-isu tentang dasar pendidikan dan pelaksanaan CRC serta hak dan tanggungjawab murid dan guru di sekolah. Barisan panel terlibat terdiri daripada Pesuruhjaya SUHAKAM, wakil dari KPM, pensyarah universiti, wakil dari penasihat undang-undang Kementerian Pelajaran, ibu bapa dan murid-murid sekolah. Simposium ini juga bakal dihadiri oleh 150 peserta yang menghimpunkan pegawai-pegawai KPM daripada Bahagian Sekolah, Bahagian Pendidikan Guru, Bahagian Perancangan dan Penyelidikan Dasar Pendidikan, pegawai-pegawai dari Jabatan Pelajaran

133 APPENDIX II - SUHAKAM PRESS STATEMENTS

Negeri, Fakulti-fakulti Pendidikan, Jemaah Nazir Sekolah, Jabatan Pendidikan khas, ibu bapa, pentadbir sekolah, murid-murid sekolah serta pewakilan pertubuhan antarabangsa seperti UNICEF dan UNHCR.

Justeru, SUHAKAM berharap penganjuran simposium ini akan mengukuhkan pemahaman Konvensyen CRC di samping membantu mencari jalan penyelesaian kepada isu-isu penting yang dibincangkan terutama sekali konflik antara hak kanak-kanak dan juga hak guru. Sekaligus adalah diharapkan agar profesion perguruan dan hak warga pendidik dapat dimartabatkan dari aspek hak asasi manusia di dalam menjalankan tanggungawab mereka melindungi hak kanak-kanak di sekolah demi kesejahteraan semua warga sekolah.

- TAMAT -

“HAK ASASI UNTUK SEMUA”

DR CHIAM HENG KENG Pesuruhjaya Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM) 27 Mac 2008

134 APPENDIX II - SUHAKAM PRESS STATEMENTS

SURUHANJAYA HAK ASASI MANUSIA HUMAN RIGHTS COMMISSION OF MALAYSIA

POSITIVE MOVES BY THE GOVERNMENT IN IMPROVING THE PRISON CONDITIONS

The Human Rights Commission of Malaysia welcomes the announcement by the Home Minister, Dato’ Seri Syed Hamid Albar on the implementation of parole system in October 2008. The Commission, in its Annual Reports since year 2001, has continuously recommended the immediate implementation of parole system in Malaysia and views this as another positive measure which, undoubtedly, would help to reduce the overcrowding in prisons.

The Commission views positively the proposal by the Home Minister to repatriate sentenced foreign prisoners to the prisons of their respective countries of origin where they would serve the remaining sentences. The Commission urges the Ministry to undertake actions necessary for the immediate implementation of the said proposal.

The Commission further expresses its contentment that the Ministry of Education had decided to provide education programmes for young prisoners with immediate effect. This move had been persistently recommended by the Commission since 2002. To ensure the efficiency and effectiveness of this programme, the Commission calls for further improvement in bilateral cooperation between the relevant agencies.

- END -

“HUMAN RIGHTS FOR ALL”

(DATO’ SIVA SUBRAMANIAM) Commissioner Human Rights Commission of Malaysia (SUHAKAM) 11 April 2008

135 APPENDIX II - SUHAKAM PRESS STATEMENTS

SURUHANJAYA HAK ASASI MANUSIA HUMAN RIGHTS COMMISSION OF MALAYSIA

SUHAKAM’S CONCERN OVER THE USE OF SEDITION ACT

The Human Rights Commission of Malaysia (SUHAKAM) regrets the arrest and charging of Malaysia Today webmaster Raja Petra Kamaruddin with Sedition. SUHAKAM feels that this is an infringement on the freedom of speech, which is a fundamental human right.

SUHAKAM is concerned with the use of the Sedition Act to curb freedom of speech. SUHAKAM believes that the fundamental freedoms enshrined in our constitution, including the freedom of speech and freedom of peaceful assembly must be safeguarded.

SUHAKAM believes that the use of the Sedition Act in this case is unjustified as civil remedies could have been sought in a Court of Law.

- END -

“HUMAN RIGHTS FOR ALL”

DATO’ N SIVA SUBRAMANIAM Commissioner Human Rights Commission of Malaysia (SUHAKAM) 7 May 2008

136 APPENDIX II - SUHAKAM PRESS STATEMENTS

SURUHANJAYA HAK ASASI MANUSIA HUMAN RIGHTS COMMISSION OF MALAYSIA

PRESS STATEMENT

The Human Rights Commission of Malaysia (SUHAKAM) in its 99th monthly meeting held on 12 May 2008 noted that its Annual Report for the year 2007 was tabled in the First Meeting of the First Session of Twelfth Parliament (2008). SUHAKAM reaffirms its support for the recommendations made on various human rights issues from the previous annual reports. SUHAKAM welcomes the parliamentary session to debate SUHAKAM’s report submitted as a provision of the Human Rights Commission of Malaysia Act, Act 597.

Among other issues raised at the said meeting were the followings:

Freedom of Speech and Sedition

SUHAKAM cherishes the principle of freedom of speech and expression as the core tenet of democracy. SUHAKAM recognizes that freedom of speech and expression is not without limitation. It is subject to various legal curtailments.

In relation to the recent move to invoke the Sedition Act in certain matters, SUHAKAM states that in the event that such invocation is found absolutely necessary by the authorities, SUHAKAM implores the authorities to uphold the provision of Article 8 of the Federal Constitution so that the enforcement of such laws be seen to be effected equally on all persons.

Royal Commission of Inquiry into the Linggam Video-Clip

SUHAKAM notes that the Royal Commission pertaining to the Linggam Video-Clip has presented its Report to the Yang DiPertuan Agong recently. SUHAKAM urges the authorities to make public the Report expeditiously as the hearing itself was public and such the findings of the public inquiry, which of great public interest should be made public.

137 APPENDIX II - SUHAKAM PRESS STATEMENTS

SUHAKAM further expresses its opinion that the decision to release this Report to the public must be made by the Royal Commission itself.

Cheras Toll Incident

SUHAKAM is concerned over the matter of alleged police brutality in relation to the demonstration at Bandar Mahkota Cheras on 8 May 2008 pertaining to the demolition of barricade put up by the toll concessionaire.

SUHAKAM at its 99th Meeting has taken the decision to investigate this matter and may consider holding a public inquiry, if deemed necessary.

- END -

“HUMAN RIGHTS FOR ALL”

TAN SRI DATUK SERI PANGLIMA SIMON SIPAUN Vice Chairman Human Rights Commission of Malaysia (SUHAKAM) 12 May 2008

138 APPENDIX II - SUHAKAM PRESS STATEMENTS

SURUHANJAYA HAK ASASI MANUSIA HUMAN RIGHTS COMMISSION OF MALAYSIA

SUHAKAM TO PLACE ADDITIONAL FOCUS ON CIVIL AND POLITICAL RIGHTS

The Human Rights Commission of Malaysia (SUHAKAM) has decided to establish a new Committee on Civil and Political Rights in its new term from 2006-2008. The establishment of this new Committee will put additional focus on Civil and Political Rights in SUHAKAM’s work programmes over the next 2 years. Commissioner Dato’ Dr. Michael Yeoh has been appointed the Chairperson of the new Committee.

The new Committee on Civil and Political Rights will hold dialogues and roundtables with Political Parties, Parliamentarians and Civil Society organizations. Views and inputs from the public will also be sought.

The setting up of the Committee on Social and Political Rights takes cognizance of the new political realities resulting from the March 8 General Elections which had re-emphasised the importance of Human Rights. The Prime Minister’s decisions to establish the Judicial Appointments Commission and the Malaysian Anti-Corruption Commission are laudable.

SUHAKAM had on several occasions over the past several years called for the establishment of the Judicial Commission and the independent Police Complaints and Misconduct Commission and recommended that the Internal Security Act be repealed for detention without trial is not consistent with Human Rights principles. SUHAKAM had also recommended the removal of ouster clauses which prevent judicial review of Executive decisions.

Many issues SUHAKAM had raised in the past have now been revisited after the recent General Election.

SUHAKAM calls on the Government and members of Parliament to focus on these issues which are contained in SUHAKAM’s Annual Report which has been recently tabled in the current sitting of

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Parliament. SUHAKAM calls on MP’s to vigorously debate its recommendations to enhance Civil and Political Rights in Malaysia including Freedom of Speech, Freedom of Media and Freedom of Assembly.

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“HUMAN RIGHTS FOR ALL”

DATO’ DR MICHAEL YEOH OON KHENG Chairperson, Committee on Civil and Political Rights Human Rights Commission of Malaysia (SUHAKAM) 13 May 2008

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SURUHANJAYA HAK ASASI MANUSIA HUMAN RIGHTS COMMISSION OF MALAYSIA

PRESS STATEMENT

The Human Rights Commission of Malaysia (SUHAKAM) in its monthly meeting held on 9 June 2008 is appreciative of the speech by His Majesty the Yang Di-Pertuan Agong on the occassion of His Majesty’s birthday last Saturday in which His Majesty spoke on some concerns relating to human rights such as the establishment of the Judicial Appointment Commission and the amendment to the Printing Presses and Publications Act 1964. SUHAKAM welcomes this statement from His Majesty which reflects the King’s concern for human rights in Malaysia.

SUHAKAM would like to point out that these issues have been part of SUHAKAM’s recommendations as contained in SUHAKAM’s various Annual Reports tabled to Parliament. SUHAKAM had called for the repeal of the Internal Security Act 1960 (ISA) and other legislations relating to Preventative Detention which are inconsistent with human rights. SUHAKAM has also called for the establishment of the Judicial Appointment Commission as well as for review of Ouster Clauses in various legislations and for trials to be expediated. SUHAKAM had also noted delays in completion of police investigation.

Had Government taken heed of SUHAKAM’s recommendations the state of human rights in Malaysia today would have been much improved. Hopefully with the recent speech by His Majesty the King, these issues as contained in SUHAKAM’s Annual Reports will be taken up seriuosly in Parliament and by the Government.

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SUHAKAM’s meeting today also discussed the Bandar Mahkota Cheras incident and will investigate the holding of a Public Inquiry as to whether there is an obstruction of the legitimate rights of residents there, to freedom of movement and whether there has been an excessive use of force by the Police during the incident.

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“HUMAN RIGHTS FOR ALL”

TAN SRI DATUK SERI PANGLIMA SIMON SIPAUN Vice Chairman Human Rights Commission of Malaysia (SUHAKAM) 9 June 2008

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SURUHANJAYA HAK ASASI MANUSIA HUMAN RIGHTS COMMISSION OF MALAYSIA

SUHAKAM: KEADAAN KEM PERLINDUNGAN SEMENTARA HARUS DIBERI PERHATIAN

Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM) melalui Kumpulan Aduan dan Siasatan telah mengadakan lawatan ke Kem Perlindungan Sementara di Semenyih pada 24 Jun 2008. Lawatan tersebut dilakukan susulan daripada aduan dakwaan kekesaran pihak Imigresen terhadap beberapa tahanan. Delegasi Suhakam yang diketuai oleh Dato’ N Siva Subramaniam bersama beberapa pegawai Bahagian Aduan dan Siasatan telah melihat keadaan serta mengenal pasti masalah yang berhubung kait dengan kes seumpama ini yang kerapkali berlaku.

Pihak SUHAKAM telah dimaklumkan oleh dua tahanan Myanmar yang didakwa dipukul oleh pegawai kem tersebut. SUHAKAM memandang berat perkara ini kerana setiap orang tidak boleh dikenakan seksaan atau layanan atau hukuman yang zalim, tidak berperikemanusian atau menghina sepertimana termaktub dalam Perkara 5 Pengisytiharan Hak Asasi Manusia Sejagat.

SUHAKAM juga mendapati perkara sedemikian berlaku akibat daripada kem tahanan yang terlalu sesak. Keadaan ini bukan sahaja mengakibatkan ketidak selesaan tahanan malah boleh mendatangkan kemudaratan terhadap kesihatan mereka. Keadaan tersebut diburukkan lagi dengan jumlah kakitangan yang bekerja di kem tersebut tidak mencukupi. Ini juga telah menyebabkan pengurusan kem yang kurang berkesan.

SUHAKAM menggesa agar kementerian berkenaan dapat memberi perhatian yang serius dan mengambil tindakan sewajarnya agar perkara seumpama ini tidak berlaku.

Lawatan SUHAKAM ke kem tahanan tersebut adalah selaras dengan peruntukan Akta 597 Suruhanjaya Hak Asasi Manusia Malaysia tahun 1999 di bawah Perkara 4(2)(d). Ianya bagi memastikan keadaan

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tempat tahanan serta keadaan para tahanan adalah memuaskan mengikut peraturan yang ditetapkan dalam rang undang-undang.

”HAK ASASI UNTUK SEMUA”

TAN SRI DATUK SERI PANGLIMA SIMON SIPAUN Naib Pengerusi Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM) 25 Jun 2008

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SURUHANJAYA HAK ASASI MANUSIA HUMAN RIGHTS COMMISSION OF MALAYSIA

PUBLIC INQUIRY INTO THE ALLEGATION OF EXCESSIVE USE OF FORCE DURING THE INCIDENT AT BANDAR MAHKOTA CHERAS ON 27TH MAY 2008.

The Human Rights Commission of Malaysia hereby announced that it will conduct a public inquiry into the allegation of excessive use of force during the incident at Bandar Mahkota Cheras on 27th May 2008. The public inquiry will be conducted by a panel of three Commissioners comprising Datin Paduka Zaitoon Dato’ Othman (Chairperson), Datuk Dr. Chiam Heng Keng and Dato’ Khalid Ibrahim.

The terms of reference of the Public Inquiry are as follows:

1. To inquire whether or not there was any law enforcement personnel in performance of their duty to maintain law and order has used excessive force during the incident at Persiaran Bandar Mahkota Cheras 1 in Bandar Mahkota Cheras on 27th May 2008.

2. If there was excessive use of force;

i. whether there was any violation of human rights of any person or persons and; ii. who were responsible for such violation.

3. To recommend what action to be taken against those responsible for the violation of human rights of such person or persons.

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The Panel of Inquiry has fixed the inquiry on 23-24 July 2008 at the SUHAKAM Inquiry Room, Level 29, Menara Tun Razak, 50350 Kuala Lumpur. The sittings of the Inquiry will begin at 9.30 a.m. and conclude at 5.30 p.m.

The Inquiry is open to members of the public and the press. It is to be noted that video or audio recording of the Inquiry by members of the public or the press will not be allowed. (See Annex A for a fuller version of the Rules of Procedure and Practice).

So far, the Inquiry’s Secretariat has conducted investigations and had recorded statements from members of the public and FRU personnel witnesses.

As investigations are still on-going, the number of witnesses testifying during the Inquiry has yet to be confirmed. Subpoenas will be issued in due course to relevant witnesses including members of the public, the press and the Police. This power will be exercised pursuant to section 14(1)(a) of the Human Rights Commission of Malaysia Act 1999 which empowers the Commission to procure and receive all such evidence, written or oral, and to examine all such persons as witnesses as the Commission thinks necessary or desirable to procure or examine.

Members of the public who witnessed the incident, persons who believe that they may be able to give relevant information and/or documents and other evidence pertaining to any or all of the terms of reference set out above are invited to contact SUHAKAM as soon as possible. Kindly contact:

Puan Nurul Hasanah Ahamed or Encik Shahizad Sulaiman SUHAKAM Level 29, Menara Tun Razak Jalan Raja Laut 50350 Kuala Lumpur Tel: 03-2612 5669 / 5623 Fax: 03-26125620 / 5694 [email protected]

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“HUMAN RIGHTS FOR ALL”

(DATIN PADUKA ZAITOON DATO’ OTHMAN) Commissioner Human Rights Commission of Malaysia (SUHAKAM) 3 July 2008

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ANNEX A SUHAKAM PUBLIC INQUIRY RULES OF PROCEDURE AND PRACTICE

I. CONDUCT OF THE INQUIRY

a. A Panel of Inquiry is committed to a process of public hearing. However, the Panel of Inquiry, pursuant to section 14(1)(e) of the Human Rights Commission of Malaysia Act 1999 [Act 597] (the “1999 Act”), may at its discretion admit or exclude the public from the Inquiry or any part thereof.

b. Pursuant to section 14(1)(a) of the 1999 Act, the Panel of Inquiry shall have the power to procure and receive all such evidence, written or oral, and to examine all such persons as witnesses, as the Panel of Inquiry thinks necessary or desirable to procure or examine.

c. Persons wishing to give evidence at the Inquiry may approach the Panel of Inquiry. The Panel of Inquiry shall have the discretion to call such persons to give evidence.

d. Pursuant to section 14(1)(b) of the 1999 Act, the Panel of Inquiry may require that the evidence, whether written or oral, of any witness be given on oath or affirmation, such oath or affirmation being that which could be required of the witness if he were giving evidence in a court of law, and to administer or cause to be administered by an officer authorised in that behalf by the Panel of Inquiry an oath or affirmation to every such witness.

e. Pursuant to section 14(1)(d) of the 1999 Act, the Panel of Inquiry has the power to admit notwithstanding any of the provisions of the Evidence Act 1950 [Act 56], any evidence, whether written or oral, which may be inadmissible in civil or criminal proceedings.

f. Pursuant to section 15(1) of the 1999 Act, a person who gives evidence before the Panel of Inquiry shall, in respect of such evidence, be entitled to all the privileges to which a witness giving evidence before a court of law is entitled in respect of evidence given by him before such court.

g. Pursuant to section 15(2) of the 1999 Act, no person shall, in respect of any evidence written or oral given by that person to or before the Panel of Inquiry, be liable to any action or proceeding, civil

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or criminal in any court except when the person is charged with giving or fabricating false evidence. h. No video or audio recording of the Inquiry shall be made throughout the Inquiry unless otherwise authorised by the Panel of Inquiry. i. All persons present at the Inquiry must keep silent during the proceedings. Any unruly behaviour will not be tolerated and the person will be asked to leave the Inquiry. j. Persons wishing to address the Panel of Inquiry or persons wishing to pose question(s) to any witness shall write down their question(s), which shall be passed to the Panel of Inquiry. The Panel of Inquiry shall decide the relevancy of the question(s) and whether to pose the said question(s). k. The Panel of Inquiry may at its discretion call upon observers and interested parties for their opinion. Unless otherwise called upon, question(s) by observers and interested parties shall be forwarded to the Panel of Inquiry in the manner provided in paragraph (k) above. l. The Panel of Inquiry may amend or dispense with these rules as the Panel sees fit to ensure fairness and respect for human rights. m. All persons present during the Inquiry shall be deemed to undertake to adhere to these rules. A breach of these rules by any person shall be dealt with by the Panel of Inquiry, as it sees fit.

II. CRITERIA FOR OBSERVER STATUS AND INTERESTED PARTIES a. In deciding application for observer status and as interested parties to the Inquiry, the Panel of Inquiry shall be guided by the following criteria:

• The applicant is directly and substantially affected by the Inquiry;

• The applicant represents interests and perspectives essential to the successful conduct of the Inquiry; or

• The applicant has special experience or expertise with respect to matters within the Panel of Inquiry’s terms of reference.

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SURUHANJAYA HAK ASASI MANUSIA HUMAN RIGHTS COMMISSION OF MALAYSIA

LAUNCH OF SUHAKAM’S REPORT ON LEGAL PERSPECTIVES ON NATIVE CUSTOMARY LAND RIGHTS IN SARAWAK

The Human Rights Commission of Malaysia (SUHAKAM) has today, launched its report entitled Legal Perspectives on Native Customary Land Rights in Sarawak.

The report is based on an indepth research on the history and traditional customs of indigenous communities in Sarawak with regards to their claims to native land, as well as the modern laws of Malaysia and their effects toward the ability of the Sarawak indigenous communities to claim native titles based on those traditional customs.

SUHAKAM undertook the research following numerous complaints received from various indigenous groups of Sarawak. Since the establishment of its office in Sarawak in year 2000, the office received a total of 287 complaints, out of which 158 complaints relate to native customary right to land. Subsequently, several researches by SUHAKAM on specific indigenous groups in Sarawak were carried out and revealed that there was a perception gap on what was perceived as NCR to land between indigenous communities and state agencies, together with private enterprises. More specifically, the communities contended that the natives and their customs and traditions have existed and were handed down from one generation to another since time immemorial. Modern laws, should therefore, take cognizance of these traditions and customs. On the other hand, a presentation by the Sarawak State Attorney General’s Chambers to SUHAKAM dated 13 December 2001, said that while there are many native customs in Sarawak, they, however, must have the sanction of the Law for them to have effect as “customary laws”. Thus, in relation to land, the practice of native customs does not necessarily give rise to rights over land. It is only the practice of those customs which are part of the customary law of Sarawak, which can create rights to land as provided in Section 5(1) of the Sarawak Land Code 1958.

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One of SUHAKAM’s main concerns, as demonstrated in the report on ‘Legal Perspectives on Native Customary Land Rights in Sarawak’, pertains to the Sarawak Land Code 1958. The enactment of the Code and subsequent amendment to Section 5 (2) of the Code, undermines the historic customs of the natives in Sarawak despite being recognised by the previous governments of Sarawak. It weakens the ability of the indigenous communities of Sarawak to establish their right to land, whereby it imposes unreasonable burden to demonstrate ownership to native customary land in Sarawak. Besides this, the Land Code also provides the State with extensive power to utilise native land as well as extinguish native titles with only the direction by the Minister.

This seemingly unlimited control of the government on native land creates risks of impoverishment amongst indigenous communities, as well loss or destruction of unique traits of their cultural, spiritual and community life, particularly for those who heavily depend on their land for sustenance, livelihood and way of life.

SUHAKAM emphasises that the Common Law as well as international human rights law recognises the need for the special protection of the rights of indigenous communities, including native titles arising out of traditional laws and customs. Both laws also limit the power of governments to extinguish native titles by emphasising the fiduciary obligations owed to the indigenous people. Various practices under the Common Law and human rights law have been referred to by the Malaysian court. Thus, when the case of Adong and Sagong establishes international human rights as an influential body of law in the development of Malaysian common law on aboriginal and native title, it indicates that our Courts recognize the non-binding yet persuasive international human rights principles.

In addition, Malaysia is among the 143 countries who voted in favour for the adoption of the Declaration on the Rights of Indigenous Peoples (DIRP). The Declaration calls for governments to protect the rights of indigenous peoples, including their right to land according to their traditional customs, as well as rights to preserve their economic, social and cultural identity. Their entitlement for special measures by the state to meet their special needs is also provided. Recourse for indigenous peoples following previous infringements by various actors, for instance dispossession of native land, is further outlined in the Declaration.

In view of the current Sarawak Land Code 1958 and the risks it poses towards the indigenous peoples of Sarawak and the Government’s fiduciary obligation towards the indigenous peoples, SUHAKAM makes the following recommendations:

(i) SUHAKAM strongly recommends that steps be taken by the Government to review the current Sarawak Land Code 1958 so as to ensure that provisions do not lead to the marginalisation or lead to the disadvantage of the indigenous peoples of Sarawak. The law must ensure that it serves to promote and continually protect the rights of the indigenous groups to their customary land.

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To this effect, customary rights to land needs to be recognised as, and enshrined in the law, while the rights of natives to land by virtue of customary law must be consistent with those rights.

(ii) The methods of native occupation that arise out of native customs and traditions should be recognised and is proof of ownership to land. These are not to be dictated by the Sarawak Land Code 1958 which imposes burden to establish ownership of lands via documentary evidence.

(iii) It is a fiduciary obligation of the government officials to consult and obtain consent from the native communities prior to taking action that may infringe their native title rights. Moreover, there is the need for the state government to ensure that the Constitutional protection on the native title rights is abided to and this right cannot be taken away except in accordance to the law and upon payment of just compensation.

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“HUMAN RIGHTS FOR ALL”

DATUK DR DENISON JAYASOORIA SUHAKAM Commissioner & Chairman of the Economic, Social and Cultural Right (ECOSOC) Working Group, SUHAKAM

DR MOHD HIRMAN RITOM ABDULLAH SUHAKAM Commissioner & Commissioner in charge of the SUHAKAM Sarawak Office 12 August 2008

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SURUHANJAYA HAK ASASI MANUSIA HUMAN RIGHTS COMMISSION OF MALAYSIA

PRESS STATEMENT

SUHAKAM reiterates the right to freedom of expression as stipulated in the Universal Declaration of Human Rights. This freedom of expression was abruptly curtailed during the proceedings of the Bar Council’s Forum held on Saturday 9 August 2008, on the firm advice of the Police.

Further we are concerned that the Police was seen to be inconsistent on the need for a permit for peaceful assembly. Evidently those who assembled en masse outside the Bar Council premises had no police permit. This incident is unlikely to be the last where the Police cannot decide whether or not to exercise it discretion to allow a permit for any public assembly.

SUHAKAM reiterates its stand that police permits are not required for peaceful assemblies.

SUHAKAM is mindful of the need to take cognizance of the sensitivities of a multi-racial society and that sensitive issues should not be politicized, sensationalized nor emotionalized but discussed rationally and peacefully. In this regard, we welcome the remarks of the Bar Council Chairman, Dato’ Ambiga Sreenevasan that in future such Forums organized by the Bar Council would be held within closed doors.

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“HUMAN RIGHTS FOR ALL”

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(DATO’ DR MICHAEL YEOH ONN KHENG) Chairperson Civil and Political Rights Working Group (CPRWG) Human Rights Commission of Malaysia (SUHAKAM) 13 August 2008

(DATUK DR DENISON JAYASOORIA) Chairperson, Economic, Social & Cultural Rights Working Group (ECOSOCWG) Human Rights Commission of Malaysia (SUHAKAM) 13 August 2008

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SURUHANJAYA HAK ASASI MANUSIA HUMAN RIGHTS COMMISSION OF MALAYSIA

RIGHTS TO EXPRESSION

Human Rights Commission of Malaysia (SUHAKAM) is concerned with the threat to suspend the publication of the Herald (the Catholic newsletter) if it publishes an editorial on the Permatang Pauh by- election. This would be deemed an infringement on freedom of expression.

Any Malaysian citizen or publication should be allowed to make comment on Malaysian politics and elections as that is the fundamental right of all citizens, provided such comments do not provoke dissension and arouse public disorder.

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“HUMAN RIGHTS FOR ALL”

(DATO’ DR MICHAEL YEOH ONN KHENG) Chairperson Civil and Political Rights Working Group (CPRWG)

(DATUK DR DENISON JAYASOORIA) Chairperson, Economic, Social & Cultural Rights Working Group (ECOSOCWG) 13 August 2008

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SURUHANJAYA HAK ASASI MANUSIA HUMAN RIGHTS COMMISSION OF MALAYSIA

CONSULTATION WITH NON- GOVERNMENTAL ORGANISATIONS ON UNIVERSAL PERIODIC REVIEW

The Universal Periodic Review (UPR), established by General Assembly resolution 60/251 of 15 March 2006, is a new human rights mechanism of the Human Rights Council (HRC) under which it reviews, on a periodic basis, the fulfillment by each of the United Nations’ 192 Member States of their human rights obligations and commitments. The review on Malaysia falls on the 4th Session of the UPR, February 2009.

The purpose of this review are: (a) the improvement of the human rights situation on the ground; (b) the fulfillment of the State’s human rights obligations and commitments and assessment of positive developments and challenges faced by the State; (c) the enhancement of the State’s capacity and of technical assistance, in consultation with, and with the consent of, the State concerned; (d) the sharing of best practice among States and other stakeholders; (e) support for cooperation in the promotion and protection of human rights; (f) the encouragement of full cooperation and engagement with the Council, other human rights bodies and Office of the High Commissioner for Human Rights (OHCHR).

According to HRC resolution 5/1 of 18 June 2007, States are encouraged to prepare the information they submit through a broad consultation process at the national level with all relevant stakeholders which in the case of Malaysia includes the Human Rights Commission of Malaysia (SUHAKAM) and Non-Governmental Organisations (NGOs). Aside from the State’s (Government’s) submission of its UPR, SUHAKAM and NGOs may also submit separately their own reports for the UPR on Malaysia.

In response to SUHAKAM’s invitation to all, 16 representatives of national and regional NGOs were able to come on August 14, 2008 (Thursday) to exchange views on the state of human rights situation on the ground as well as their perception of the extent the State had not fulfilled its obligations and commitments on the protection and promotion of human rights in Malaysia.

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Among the issues raised were the right to assembly and expression; right to information; free and fair elections; judiciary reform; preventive detention laws; issues on asylum seekers, refugees and migrant workers; police brutality; Malaysian government’s reservations on some clauses of the Convention on the Elimination of Discrimination against Women (CEDAW) and Convention on the Rights of the Child (CRC); right to education; Islamic family law; right of indigenous peoples; and right to health.

The meeting was held in a frank and cooperative spirit. SUHAKAM sincerely hopes that the same spirit will be upheld as a working standard in future meetings between SUHAKAM and representatives of civil society.

SUHAKAM wishes to thank all who came to share their views on particular issues of human rights which are of the greatest concern to Malaysians. The UPR exercise presents an opportunity for all stakeholders of human rights to call upon the State to strengthen and uphold its national and international commitments on human rights.

Deadline for submission of stakeholders’ report is 8 September 2008.

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“HUMAN RIGHTS FOR ALL”

(DATO’ CHOO SIEW KIOH) Chairperson, International Issues and Cooperation Committee (IICC) Human Rights Commission of Malaysia (SUHAKAM) 15 August 2008

(DATO’ DR MICHAEL YEOH OON KHENG) Chairperson, Civil and Political Rights Working Group (CPRWG) Human Rights Commission of Malaysia (SUHAKAM) 15 August 2008

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SURUHANJAYA HAK ASASI MANUSIA HUMAN RIGHTS COMMISSION OF MALAYSIA

SUHAKAM: TINDAKAN PENANGKAPAN DAN PENGUSIRAN PENDATANG TANPA IZIN HARUS DILAKUKAN SECARA TELITI DAN ADIL

Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM) melalui Kumpulan Kerja Aduan dan Siasatan telah mengadakan lawatan ke Pusat Tahanan Sementara Menggatal pada 5 September 2008 dan Pusat Tahanan Sementara Sandakan pada 6 September 2008. Delegasi Suhakam diketuai oleh Dato’ Haji Khalid Haji Ibrahim, Tan Sri Datuk Seri Panglima Simon Sipaun, Datuk Dr Michael Yeoh Oon Kheng dan Datuk Dr Chiam Heng Keng serta pegawai Bahagian Aduan dan Siasatan telah melihat keadaan untuk mengenal pasti sebarang masalah yang berhubung dengan isu penangkapan dan pengusiran pendatang tanpa izin.

Lawatan tersebut dilakukan susulan daripada aduan terhadap dakwaan berhubung status sebenar tahanan. Semasa lawatan tersebut, pihak SUHAKAM telah menerima beberapa aduan yang antaranya termasuklah:-

1. Seorang tahanan yang mendakwa beliau merupakan warga negara Malaysia dan memiliki kad pengenalan Malaysia yang sah tetapi telah ditangkap oleh pihak berkuasa dan dihantar ke pusat tahanan sementara tersebut tanpa sebarang siasatan lanjut yang dibuat oleh pihak berkuasa.

2. Terdapat tahanan kanak-kanak yang berumur 12 tahun hingga 17 tahun yang ditahan di dalam pusat-pusat tahanan sementara tersebut mendakwa mereka dilahirkan di Sabah dan salah seorang atau kedua ibu bapa mereka adalah merupakan warga negara Malaysia. Namun telah ditangkap oleh pihak berkuasa kerana gagal membuktikan identiti mereka semasa ditangkap.

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Pihak berkuasa perlu melaksanakan operasi penangkapan dengan lebih berhati-hati terutama apabila ianya melibatkan tangkapan terhadap kanak-kanak. Adalah didapati juga tahanan kanak-kanak tersebut ditempatkan bersama-sama tahanan dewasa yang lain dan kebanyakan mereka terpisah dari ibu bapa mereka. SUHAKAM merasakan bahawa ini adalah tidak wajar kerana ianya tidak selaras dengan Konvensyen Mengenai Hak Kanak-Kanak (CRC) sepertimana tersebut dalam Perkara 37 mengenai penangkapan dan pelucutan hak kebebasan mereka.

SUHAKAM menyuarakan kebimbangan terhadap aduan-aduan yang diterima kerana operasi penangkapan dan pengusiran pendatang tanpa izin yang sedang dilakukan oleh pihak Polis Diraja Malaysia, Majlis Perbandaran dan Jabatan Immigresen Malaysia jika tidak dilakukan secara berhati-hati boleh mengakibatkan hak-hak rakyat tempatan turut dicabul.

Sehubungan dengan itu, SUHAKAM mengesyorkan agar sebarang tindakan penangkapan dan pengusiran pendatang tanpa izin dilakukan secara teliti dan adil dengan mengambil kira hak-hak asasi tahanan.

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”HAK ASASI UNTUK SEMUA”

DATO’ HAJI KHALID HAJI IBRAHIM Pengerusi Kumpulan Kerja Aduan dan Siasatan Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM) 10 September 2008

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SURUHANJAYA HAK ASASI MANUSIA HUMAN RIGHTS COMMISSION OF MALAYSIA

SUHAKAM MENGALU-ALUKAN PEMBEBASAN TAHANAN ISA

Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM) amat mengalu-alukan pembebasan Sanjeev Kumar A/L Krishnan pada 9 September 2008 yang telah ditahan di bawah Akta Keselamatan Dalam Negeri (ISA) sejak 28 Julai 2007.

SUHAKAM melalui Kumpulan Kerja Aduan dan Siasatan telah melawat bekas tahanan ISA tersebut semasa di Kem Tahanan Kamunting pada 5 Mei 2008. Surat kepada Kementerian Dalam Negeri juga menyusul kemudian pada bulan Julai mengesyorkan agar Sanjeev Kumar dibebaskan memandangkan tahap kesihatan beliau yang agak serius.

SUHAKAM berharap agar lebih ramai lagi tahanan ISA terutama sekali mereka yang telah ditahan lebih dari enam tahun dapat dibebaskan sebelum menjelang hari raya ini.

SUHAKAM memandang berat terhadap penggunaan penahanan tanpa perbicaraan dan telah berulangkali menyarankan supaya tahanan ISA dibebaskan atau didakwa mengikut kesalahan mereka.

SUHAKAM juga menegaskan tindakan menahan seseorang tanpa sebarang perbicaraan adalah bercanggah dengan Pengisytiharan Hak Asasi Manusia Sejagat 1948 (UDHR) yang memberi penekanan terhadap hak kepada nyawa, kebebasan dan keselamatan diri; tiada sesiapapun boleh dikenakan tangkapan, tahanan atau pembuangan negeri secara sewenang-wenangnya; dan setiap individu berhak kepada perbicaraan adil dan terbuka oleh suatu tribunal bebas dan saksama (Artikel 3, 9 dan 10).

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”HAK ASASI UNTUK SEMUA”

DATO’ N SIVA SUBRAMANIAM Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM) 10 September 2008

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SURUHANJAYA HAK ASASI MANUSIA HUMAN RIGHTS COMMISSION OF MALAYSIA

SUHAKAM EXPRESSES GREAT CONCERN IN THE USE OF THE ISA ON RAJA PETRA KAMARUDDIN

While SUHAKAM appreciates the government’s responsibility to maintain peace and stability, we express great concern with the arrest of Raja Petra Kamaruddin under Section 73 (1) of the Internal Security Act. SUHAKAM has consistently held that the ISA and all other preventive laws should be abolished. These laws are a violation of human rights. SUHAKAM feels that there are enough laws to deal with all kinds of offences and therefore the authorities should charge individuals concerned in an open court or release them. SUHAKAM also expresses concern with warning letters issued to three publications namely the Sin Chew Daily, the Sun and Suara Keadilan as it is a curtailment of freedom of expression. Nevertheless SUHAKAM feels that all Malaysians should handle racial and religious issues with great care and mutual respect without emotional or political overtones.

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“HUMAN RIGHTS FOR ALL”

Statement issued jointly by, TAN SRI DATUK SERI PANGLIMA SIMON SIPAUN, DATO’ DR MICHAEL YEOH OON KHENG, DATUK DR DENISON JAYASOORIA, and all Commissioners of SUHAKAM September 12, 2008

For clarifications please call 019-3810914

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SURUHANJAYA HAK ASASI MANUSIA HUMAN RIGHTS COMMISSION OF MALAYSIA

SUHAKAM: EXCLUSION TO WELFARE AND POVERTY ERADICATION PROGRAMMES IS A HUMAN RIGHTS VIOLATION

Siti Nurbaiyah has effectively written an article of the practical realities and difficulties faced by urban poor families in Kuala Lumpur. Her story in the New Straits Times (page 22) on 18 September 2008 highlighted the shocking finding of how 30 hardcore poor families in Taman Sentul Utama have not been able to access welfare assistance either through religious institutions or through the Department of Social Welfare. This is shocking especially when the federal government has made poverty eradication its number one priority. In addition, the Prime Minister has set the target of zero hardcore poverty by 2010.

There is a major gap between policy makers, service delivery and implementation institutions and the very poor at the bottom of society. While we might have impressive statistics or targets, at the ground we see a tremendous contrast. The poor are alienated and distant from the very institutions that were established to resolve their problems.

The poverty line income or income measure for hardcore poor and poor is unrealistic. The family of Rosnaini Abu Hassan whose only source of income is from her son, who earns RM850, is statistically non-poor and definitely not hardcore poor. But look at their predicament. Their house rent alone comes to RM450. They have an elderly mother who is 88 years old and an 18 year old son who is disabled.

By official government statistics, they are non-poor but in reality they are very poor in anurban environment with increasing prices and cost of living.

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This is a similar problem faced by many other families who are with low income in urban areas. Their lives are hard and often, the opportunity to build their capability and capacity is not there. There are similar cases not just among poor Malay Muslims but also among many displaced plantation workers who are Hindus and Tamil. Both groups of communities are among the urban poor struggling to survive in a modern city like Kuala Lumpur.

But central to all this is why are these families unable to access the Department of Social Welfare for direct assistance or unable to access poverty eradication programmes for the urban poor? Access and inclusion are the cornerstones of empowering the poor and fundamental to a human rights approach. It is not through hand outs but a way out for the families so that they can break the cycle of poverty and share the rich quality of life that a sizable section of Malaysian society enjoys. Why are the requests from the poor not heard or entertained? Is there some form of discrimination because they are poor or powerless? Why is this so when there is so much funds being set aside both by the public and private sector.

Therefore, SUHAKAM calls on the relevant public sector agencies, especially the Department of Social Welfare and the Social Development Section of the Kuala Lumpur City Hall (DBKL), to review this situation and ensure that through effective delivery and implementation these poor families at Taman Sentul Utama are not further marginalised from development. Development is a fundamental human right and the poor must be given opportunities to enhance their economic and social rights.

SUHAKAM also calls on the government to immediately establish a taskforce especially in the urban areas which are under the purview of local governments to identify the poor and ensure that the poor have access to a better quality of life.

In addition SUHAKAM calls on the Economic Planning Unit to review the poverty line income and methodology in identifying the real poor. In addition to income measure, other qualitative or quantitative indicators must be used to ensure greater inclusion and access especially to the suffering sections of our society, which ever ethnic, religious or linguistic group. We must establish fair and equitable mechanisms in addressing the root issues and concerns of the urban poor in Malaysia.

A team from SUHAKAM (Economic, Social and Cultural Rights Working Group (ECOSOC)) will visit Taman Sentul Utama sometime next week and would discuss with some of the residents on the reasons for their inability to access the services of the Department of Social Welfare and poverty eradication programmes meant for the urban poor. We would contact the local residents and we hope to go to the ground and study the situation of why they are unable to access these provisions. We will then make appropriate recommendations to all the relevant agencies and departments concerned.

- END -

164 APPENDIX II - SUHAKAM PRESS STATEMENTS

“HUMAN RIGHTS FOR ALL”

DATUK DR DENISON JAYASOORIA Chairman of the Economic, Social and Cultural Rights Working Group (ECOSOC) Human Rights Commission of Malaysia (SUHAKAM) 019-381 0914 19 September 2008

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SURUHANJAYA HAK ASASI MANUSIA HUMAN RIGHTS COMMISSION OF MALAYSIA

SUHAKAM CALLS FOR THE REPEAL OF THE ISA AND THE RELEASE OF THE DETAINEES

The Human Rights Commission of Malaysia (SUHAKAM) at its 104th monthly meeting held on October 13, 2008 discussed the recent arrests of Raja Petra Kamaruddin, Teresa Kok and Tan Hoon Cheng under the Internal Security Act (ISA). SUHAKAM feels that the arrests of these three persons under the ISA are a total abuse of the ISA and a violation of human rights.

SUHAKAM reiterates its stance that the ISA should be repealed and be replaced by a specific Anti- Terrorism Act. Meanwhile, SUHAKAM holds the view that the ISA must not be abused and the use of the ISA should conform to its original intent and objective.

SUHAKAM also notes with concern the extension of detainees detained under the ISA and the Emergency Ordinance, some of whom have been detained for more than six years. SUHAKAM holds the view that it is vital to ascertain if the original rationale of their detention is still valid after so many years.

SUHAKAM calls on the Government to release ISA detainees and instead to try them in a court of law.

“HUMAN RIGHTS FOR ALL”

Statement issued jointly by,

TAN SRI DATUK SERI PANGLIMA SIMON SIPAUN (019-880 2222), DATO’ DR MICHAEL YEOH OON KHENG (012-201 3942), DATUK DR DENISON JAYASOORIA (019-381 0914), and all Commissioners of SUHAKAM October 13, 2008

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SURUHANJAYA HAK ASASI MANUSIA HUMAN RIGHTS COMMISSION OF MALAYSIA

SUHAKAM: RESTRICTIONS AND BANS ON THE RIGHT TO ASSOCIATION IS A VIOLATION OF HUMAN RIGHTS

The Human Rights Commission of Malaysia (SUHAKAM) affirms the fundamental right of individuals to freedom of association and freedom of expression as advocated in the International Convention on Civil and Political Rights.

It is our opinion that the ban on the Hindu Rights Action Force (Hindraf) by the Ministry of Home Affairs is an infringement of human rights. As indicated by the Home Affairs Minister, Hindraf had submitted an application for Registration on October 16, 2007. The Ministry should have taken opportunity to register them as a society and hold the leaders accountable.

SUHAKAM is also of the opinion that when an individual or a group of individuals have carried out any unlawful activities, it is right and appropriate for the relevant authorities to charge such individuals or groups of individuals in an open court.

Democracy provides the avenue for respect of divergent views and opinions. There must be tolerance of this within a multi cultural society like Malaysia, as long as violence is not the means for social change.

SUHAKAM is of the opinion that the ban on Hindraf will not resolve the issues being championed by this group of individuals and therefore encourages the relevant agencies to address the genuine grievances which are socio-economic in nature. In fact, the ban will further alienate this social movement from mainstream Malaysian society.

SUHAKAM calls for the lifting of the ban of Hindraf in order for this group of individuals to be held accountable for their actions.

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“HUMAN RIGHTS FOR ALL”

Statement issued jointly by,

TAN SRI DATUK SERI PANGLIMA SIMON SIPAUN (019-880 2222), DATUK DR DENISON JAYASOORIA (019-381 0914), and DATO’ DR MICHAEL YEOH OON KHENG (012-201 3942). October 16, 2008

168 APPENDIX II - SUHAKAM PRESS STATEMENTS

SURUHANJAYA HAK ASASI MANUSIA HUMAN RIGHTS COMMISSION OF MALAYSIA

PRESS STATEMENT

The Chairman of the Human Rights Commission of Malaysia (SUHAKAM) affirms that the call for the lifting of the ban on Hindraf in the earlier statement titled ‘Restrictions and Bans on the Rights to Association is a Violation of Human Rights’ released on October 16, 2008, was not an official stand of SUHAKAM.

It is noted that the issue was never placed for a discussion before the Commission and hence no decision arrived on its stand on the ban of Hindraf. The Human Rights Commission of Malaysia Act (Act 597) states that “the members of the Commission shall use their best endeavours to arrive at all decisions of the meeting by consensus failing which the decision by a two-thirds majority of the member shall be required”.

Therefore, the statement released was purely the personal views of the three commissioners and not an official stand of SUHAKAM.

“HUMAN RIGHTS FOR ALL”

Statement issued by,

TAN SRI ABU TALIB OTHMAN Chairman, Human Rights Commission of Malaysia (SUHAKAM) October 17, 2008

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SURUHANJAYA HAK ASASI MANUSIA HUMAN RIGHTS COMMISSION OF MALAYSIA

SUHAKAM WELCOMES THE RELEASE OF RAJA PETRA KAMARUDIN

The Human Rights Commission of Malaysia (SUHAKAM) welcomes the release of blogger Raja Petra Kamarudin (RPK) today, whom the court ruled that his detention under the Internal Security Act (ISA) was illegal. SUHAKAM respects the integrity and impartiality of the court in handling this case which also proves the court’s positive view in protecting human rights.

Based on this decision, SUHAKAM further suggests that perhaps it is most appropriate if the respective Ministry could determine all cases alike and release the ISA detainees.

SUHAKAM reiterates its stance that the ISA should be repealed and the detainees should be released and tried in a court of law.

“HUMAN RIGHTS FOR ALL”

Statement issued jointly by,

TAN SRI DATUK SERI PANGLIMA SIMON SIPAUN (019-880 2222), DATO’ DR MICHAEL YEOH OON KHENG (012-201 3942), November 7, 2008

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SURUHANJAYA HAK ASASI MANUSIA HUMAN RIGHTS COMMISSION OF MALAYSIA

INCONSISTENCY AND DOUBLE STANDARD PRACTICE BY THE POLICE

The Human Rights Commission of Malaysia (SUHAKAM) at its monthly meeting held on Monday, November 10 noted with concern the arrests of a Member of Parliament and a State Assemblyman among others during the Bersih candlelight vigil in Petaling Jaya last night. SUHAKAM holds the view that the Police should have allowed the peaceful gathering as freedom of assembly is a fundamental human right. Police should be consistent and avoid practicing double standard by labeling some gatherings as peaceful and not in others.

SUHAKAM is also concerned with a growing pattern of Police intimidating reporters from reporting events as evidenced in the arrest of the Malaysiakini video cameraman during the Bersih protest at Petaling Jaya last night and the earlier arrest of the Sin Chew reporter Tan Hoon Cheng in Penang under the Internal Security Act (ISA).

The more frequent use of the ISA in recent months is another matter of serious concern as it may lead to the abuse of power by the Police. The latest incident was the arrest of Cheng Lee Whee of Suaram Johor Baru over the eviction of villagers at Kampung Baru Plentong Tengah, Johor.

SUHAKAM reiterates its call to the Government to abolish the ISA. Meanwhile, the ISA should only be used in cases where there is clear evidence that national security is being threatened.

“HUMAN RIGHTS FOR ALL”

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Statement issued jointly by,

TAN SRI DATUK SERI PANGLIMA SIMON SIPAUN, Vice Chairman, Human Rights Commission of Malaysia (SUHAKAM) (019-880 2222), COMMISSIONER DATO’ DR MICHAEL YEOH OON KHENG Chairperson, Civil & Political Rights Working Group, SUHAKAM (012-201 3942) COMMISSIONER DATUK DR DENISON JAYASOORIA Chairperson, Economic, Social & Cultural Working Group, SUHAKAM, (019-381 0914) November 10, 2008

172 APPENDIX II - SUHAKAM PRESS STATEMENTS

SURUHANJAYA HAK ASASI MANUSIA HUMAN RIGHTS COMMISSION OF MALAYSIA

SUHAKAM: GOVERNMENT SHOULD REPEAL THE ISA AND AMEND ACT 597

The Human Rights Commission of Malaysia (SUHAKAM) at its 106th monthly meeting today noted with surprise the comments made by the Minister of Home Affairs, Datuk Seri Syed Hamid Albar on SUHAKAM’s views on the Internal Security Act (ISA) when he said that SUHAKAM’s view on the ISA was its own perspective and that SUHAKAM should submit its views to the Government.

SUHAKAM reiterates that its stance on the ISA is consistent with the Universal Declaration of Human Rights in particular and other international human rights norms in general, that preventive detention without trial is an infringement of human rights.

SUHAKAM soon after its inception made a study on the ISA and a comprehensive report recommending the repeal of the ISA. This report was submitted to the Government in 2003. Furthermore, SUHAKAM’s further Annual Reports reiterated its stance on the repeal of the ISA.

In this regard, Datuk Seri Syed Hamid’s statement appears to indicate that he is either misinformed or is unfamiliar with the actual position of SUHAKAM which has always been consistent.

SUHAKAM also wishes to point out that whilst he was the Minister of Foreign Affairs when tabling the Bill to establish SUHAKAM in Parliament, he assured Parliament that the Human Rights Commission of Malaysia Act 1999, Act 597, complies with the Paris Principles. It has now been pointed out by the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC) that the Act 597 is not compliant with the Paris Principles and faces the possibility of being downgraded from ‘A’ to ‘B’ status. To ensure that SUHAKAM maintains ‘A’ status which SUHAKAM feels rightly so, it has recommended to the Government to amend the Act 597 to make it Paris Principles compliant. To date, SUHAKAM has yet to receive the Government’s response on this matter.

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“HUMAN RIGHTS FOR ALL”

By the authority of SUHAKAM

(HASHIMAH NIK JAAFAR) Secretary, Human Rights Commission of Malaysia (SUHAKAM) 15 December 2008

174 APPENDIX III REPORT FOR THE UNIVERSAL PERIODIC REVIEW (UPR) ON MALAYSIA, 4TH SESSION, FEBRUARY 2009 FROM THE HUMAN RIGHTS COMMISSION OF MALAYSIA (SUHAKAM)

Introduction

1. SUHAKAM was established under the Human Rights Commission of Malaysia Act 1999 (Act 597). The Minister of Foreign Affairs in moving the Bill had stated that it was formulated in accordance with the Paris Principles. SUHAKAM’s acceptance by the UN Human Rights Council (HRC) was on status “A”. Its status remains the same unless further determined by the International Coordinating Committee of National Institutions (ICC) in April 2009.

2. The review covers a period of four years. In preparing the UPR, SUHAKAM held consultations with various national and regional NGOs and at a later stage, consulted with the Government jointly with NGOs. All statements attributed to people and events have factual references but are not foot- noted due to space constraints. There are no annexures. The opinion in this document is solely that of SUHAKAM.

Normative References and Performance

3. Part II of the Federal Constitution of Malaysia provides, inter alia, for the protection of such fundamental liberties as liberty of the person; equality before the law; freedom of movement; freedom of speech, assembly and association; and freedom of religion. Under the Act 597, regard is to be had to the Universal Declaration of Human Rights (UDHR) only to the extent it is not inconsistent with the Federal Constitution. The fundamental liberties are however circumscribed by laws which have been applied not infrequently in the name of public order and national security. Resort to the use of ouster clauses appearing in various legislations further strengthens the hand of the authorities. It should be noted that the jurisdiction of the courts following the amendments of the Constitution in 1998, is now being determined by law. The past four years have seen progress

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in the protection of civil and political rights while some areas have sadly regressed. The most assailed is the integrity of certain judges and individuals. A transparent system of the appointment of judges is now being considered by the Government.

4. SUHAKAM was established with popular support and a national aspiration to be aligned with international developments in the promotion and protection of human rights. It operates in an advisory capacity. From the onset, Commissioners themselves as well as civil society had found the Act to be too restrictive and behind those of leading best practices. Most of SUHAKAM’s recommendations deriving from public inquires, researches and fora have not been accepted and implemented by the Government. The annual reports of SUHAKAM submitted to Parliament were never debated upon. A Minister in the Prime Minister’s Department publicly said that SUHAKAM would not be given “teeth”. The credibility and effectiveness of SUHAKAM may now be greatly damaged together with a loss of international standing if steps are not taken by April 2009 to address the concerns raised in an ICC report recommending to downgrade SUHAKAM’s status grading to “B”. The ICC perceives SUHAKAM’s founding Act to be not fully compliant with Paris Principles especially where the appointment process of Commissioners is non-transparent. Pertinent legislative amendments to the Act are of utmost necessity and urgency.

5. Of the nine core human rights international treaties Malaysia has only ratified Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and Convention on the Rights of the Child (CRC), albeit with certain reservations. It adopted the Declaration on Education for All, Declaration on Indigenous Peoples’ Rights, and signed the Convention on the Rights of Persons with Disabilities (CRPD) in April 2008.

6. Reservations on CRC were made to Article 2, 7, 13, 14, 15, 28(1)(a) and 37, as well as on CEDAW to Articles 5(a), 7(b), 9(2), 16(1) (a), (c), (f) and (g) and 16(2). Government reports submitted to UN Committee on CRC and CEDAW were overdue. The Child Act 2001 was one of the first major efforts to implement the CRC but it suffers from weak enforcement. The Act is presently under review. While Article 8(2) of the Constitution was amended to recognise gender as not being a ground for discrimination, Malaysia has yet to provide an Act that translates fully the provisions of CEDAW into domestic law. Malaysia’s accession to CEDAW is ultimately subject to the understanding that its provisions do not conflict with the provisions of the Islamic Syariah law and the Constitution.

7. The “Anti-Trafficking in Persons Act” which provides greater protection of the rights of women and children and a “Persons with Disabilities Act” came into force in 2008.

8. The recommendation by a Royal Police Commission set up in 2004 specifically to address practices of the police calls for the establishment of an Independent Police Complaints and Misconduct

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Commission. That has yet to come. Instead a Special Complaints Commission Bill was introduced. But that too was deferred due to much criticism of its effectiveness, independence and also its lack of investigative powers. The said Bill is now being reviewed by the Government.

9. Amendments were made to the Penal Code and Criminal Procedure Code (CPC). These amendments led to positive changes which include eliminating confessionary statements, detailed procedures for body searches, requiring public prosecutors to provide trial documents before trial to defence counsel, requiring remand periods to be in accordance with the severity of the crime, and requiring the police to inform detainees of the grounds of their arrest within 24 hours. The implementation of the parole system under the Prisons Act passed by Parliament in 2007 helped towards the reduction of overcrowding in prisons and relief from imprisonment to some.

10. Malaysia was elected as a member of the HRC in 2006 on its own credentials. Ironically, while adopting a liberal stance in foreign policy, on the home front the Government continues to wield laws allowing detention without trial under the Internal Security Act (ISA), Emergency Ordinance, and Dangerous Drugs Act, alongside restrictions under the Official Secrets Act, Sedition Act, Printing Presses and Publications Act (PPPA) and Societies Act.

Regional and International Cooperation

11. Malaysia has ratified the ASEAN Charter which provides an enabling clause for an ASEAN Human Rights body. The Government is committed to establishing such a body or some form of human rights mechanism within ASEAN. Presently the Terms of Reference for this body are being drafted by a High Level Panel which includes a Malaysian representative. Meanwhile the Foreign Minister called for the incorporation of an “Asian value system” in the human rights provisions in the ASEAN Charter, a concept which is debatable.

12. Malaysia signed the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers in 2007 which enjoins eight commitments among which are improvement in migrant worker rights and welfare and steps to combat human smuggling and trafficking. This Declaration provides a needed regional basis to intensify its efforts to help migrant workers and curb human trafficking.

13. The request in 2005 for a country visit by the UN Special Rapporteur, Martin Scheinin on Promoting and Protecting Human Rights while Countering Terrorism, was denied. However, positive development was seen later in 2007 in the approval of a visit by the Special Rapporteur on the Right to Education, Vernor Muñoz Villalobos. (In June 2008, Jannie Lasimbang, nominated by SUHAKAM was appointed to the Expert Mechanism on the Rights of Indigenous People.)

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Challenges

14. Whereas SUHAKAM had asked for the abolition of all preventive legislations the Government said it would review only one of them, the ISA. It declined to provide neither details nor state when it would do so. SUHAKAM has also urged for review of such legislations which are contradictory to human rights principles such as the Official Secrets Act, Sedition Act, PPPA and Societies Act. To date, these legislations are yet to be reviewed.

15. Delays in court proceedings and availability of written judgements need to be addressed urgently. Convicted persons remain in jail and their appeals to superior courts are severely delayed when judges and magistrates do not provide written judgments expeditiously and in some cases there are none at all. This tardiness contributes to overcrowding in prisons. Despite announcing in April 2008 that the Government would proceed to establish a Judicial Appointments Commission similar to one proposed by SUHAKAM in July 2005 to enhance public confidence and transparency in the appointment of judges, no such Commission has yet been set up.

16. The Royal Police Commission pinpointed three priorities for police reform: reduce crime, eradicate corruption and end human rights abuses. Despite reforms undertaken by the authorities pursuant to the Royal Police Commission, incidents of police abuse and brutality continue to occur as evidenced in public inquiries by SUHAKAM into alleged police violence. Deaths in police custody cases remain of great concern. Inquests into many long overdue cases of deaths in custody are either still pending in court or have not been conducted at all.

17. SUHAKAM is against death penalty and is equally against the imposition of natural life sentence. While these provisions exist, SUHAKAM urges Pardon Boards to review such cases.

18. The Government acknowledges that good governance, integrity and transparency in the public sector are essential for the development and protection of human rights. Several high profile cases of corruption evidence the depth of the problem in Malaysia. The Government’s intention to find a remedy saw the formulation of a National Integrity Plan and the establishment of the Malaysian Integrity Institute. Further, in 2008, the Prime Minister promised to provide full investigative and prosecution powers to the Anti-Corruption Agency to make the agency truly independent.

19. While elections in Malaysia are held democratically, it cannot be claimed that the process has been completely fair when the incumbent ruling parties have wide control and use of public resources and media. However police permits required to hold political rallies were not denied to any political party in the March 2008 General Election.

178 APPENDIX III - REPORT FOR THE UNIVERSAL PERIODIC REVIEW (UPR) ON MALAYSIA, FOURTH SESSION, FEBRUARY 2009 FROM THE HUMAN RIGHTS COMMISSION OF MALAYSIA (SUHAKAM)

20. Freedom of assembly and association are restricted on the grounds of maintaining public order and national security. Section 27 of the Police Act 1967 gives power to the police to grant permits for peaceful assemblies without setting the criteria. In practice there is no transparency in the decisions to issue such permits. While it is recognised that the police have a duty to ensure peace and security, they should act in good faith in a timely, non-selective and reasonable manner on requests for permits to assemble from legal persons including bodies. An urgent review of the Act and other preventive legislations is due. On a positive note, the Government has allowed registration of a new political party, Socialist Party of Malaysia, after a decade-long battle.

21. The problem of access and dissemination of information has been compounded by the absence of a Freedom of Information Act. During the March 2008 General Election, the Government invoked the Official Secrets Act to prevent the disclosure of potentially damaging information on political corruption. Freedom of expression is constitutionally guaranteed in Malaysia but the right is restricted in practice, particularly through the PPPA which allows the authorities to revoke licenses at any time without judicial review. The mass media remains tightly controlled by the Government through its ‘advisories’ and directives not to publish or air alternative and opposition views. At the time of writing, a show-cause letter has been sent to the Herald (a Catholic newsletter) requesting explanation on some of its published articles deemed to be political and outside religious concern. However, two newspapers, Suara Keadilan and Watan finally obtained their permits and no restrictions have been effectively imposed on cyber media.

22. At the time of writing, a Bill has been tabled to amend the Universities and University Colleges Act of 1971. Its passage is being delayed by public opinion that the proposed amendments still do not sufficiently address the restrictions on academic freedom and political rights of students.

23. There is a growing controversy regarding freedom of religion arising from conversions to Islam (mostly marital) and apostasies. The Constitutional provision of a Civil Court and a Syariah Court and exclusion of jurisdiction of the former in respect of any matter within the jurisdiction of Syariah Court raised conflicts in more than one case. Necessary amendments to tackle these issues are being examined and will hopefully resolve the issue of divorce, custody and maintenance where one spouse has converted. No less troubling are the instances of demolitions of temples built illegally on either state land or private property without heed to religious sensitivities of non-Muslim communities.

24. The Government should act on the recommendations of the UN Committee on CRC to Malaysia, which include abolishing caning and other forms of corporal punishment on those under 18 years of age; taking urgent measures not to detain children for immigration proceedings; establishing a screening process to identify asylum-seeking and refugee children; developing legislation for their protection; strengthening collaboration with the UNHCR and other agencies, including providing

179 APPENDIX iii - REPORT FOR THE UNIVERSAL PERIODIC REVIEW (UPR) ON MALAYSIA, FOURTH SESSION, FEBRUARY 2009 FROM THE HUMAN RIGHTS COMMISSION OF MALAYSIA (SUHAKAM)

access to persons of concern in detention. SUHAKAM finds that indigenous children have limited access to education in the deep hinterland. Other children on plantations, on the street, in detention centres, and in asylum camps are similarly disadvantaged.

25. The Government has not ratified the Workers Convention on Migrant Workers and the adoption of principles of the ILO. Many migrant workers face discrimination at various levels and denial of basic rights. Malaysia also does not recognize refugee or asylum seeker status because it has not ratified the 1951 Convention relating to the Status of Refugees and its 1967 Protocol. All persons found to be undocumented, are subject to detention and trial under the Immigration Act.

26. The rights of indigenous people have not received sufficient attention. Their rights to customary land which embrace cultural sites and traditional burial places should be upheld. Existing state legislations concerning all indigenous communities should be positively and urgently reviewed with priority given to their right to land. A right to land would create economic opportunities and provide means to sustain a basic livelihood. Such factors are vital considerations in minimising social displacement. It is heartening that the Malaysian Court has progressively recognised customary land rights.

27. The State of Sabah in East Malaysia saw rapid expansion in its population. The phenomenon defies natural growth rates based on earlier census data. SUHAKAM’s investigations seem to indicate that this is due to the presence of illegal immigrants as well as foreign immigrants who have acquired citizenship through dubious means. The increase is all the more alarming when cumulatively it reaches millions and is likely to exceed native numbers. The situation has eroded the social welfare, economic opportunities and electoral rights of indigenous people as well as the major races in Sabah.

28. The attainment of Millennium Development Goals (MDGs) is deemed to be human rights challenges for the Government. SUHAKAM has held a series of dialogues on the various MDGs relating to human rights situations within the country. A report by the Government jointly with the UNDP has highlighted the problem of HIV/AIDS as requiring greater Government attention. Related to this issue is the need to provide specific treatment, care and support to those affected. Access to healthcare services for communities that are disadvantaged due to economic, social and geographical difficulties also requires continuous Government support.

29. The Government has signed the CRPD but has not ratified it. Ratifying the CRPD and implementing the Persons with Disabilities Act, should go hand-in-hand.

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Recommendations and Encouragement in the Context of the UPR

30. SUHAKAM calls upon the Government to:

• amend Act 597, to be more in line with the Paris Principles;

• repeal all preventive legislations;

• review all legislations that are in conflict with human rights principles;

• uphold Constitutional right to freedom of speech, assembly and association;

• ensure better access to basic amenities and infrastructure for rural communities in line with the MDGs;

• consider SUHAKAM’s proposal on National Human Rights Action Plan;

• develop capacity building and technical assistance in cooperation with SUHAKAM as well as civil society;

• provide continual human rights training to enforcement personnel;

• fulfil the commitments and obligations made in its pledge to HRC in 2006;

• withdraw reservations on CEDAW and CRC;

• ratify the core human rights instruments and their additional protocols; and

• submit periodic reports on time to the treaty monitoring bodies and to follow-up on their recommendations.

3rd September 2008

181

Working Group / Working Division / Branch CIWG ECOSOC ECOSOC Sabah and ECOSOC CIWG Sabah and ECOSOC ECOSOC Venue Kuala Lumpur Kuala Lumpur Sabah Kota Kinabalu Kuala Lumpur Pitas, Sabah Kuala Lumpur Economic, Social and Cultural Rights Working Group (ECOSOC) Group Economic, Social and Cultural Rights Working (CPR) Group Civil and Political Rights Working Publication Division (Pub) SUHAKAM Sabah (Sabah) SUHAKAM Sarawak (Sarawak) IN 2008 Activity AM SUHAK eaties Working Group (LRITWG) Group eaties Working OF Meeting with OCPD of Dang Wangi Follow-up meeting with government agencies on Applying the MDGs to the Economically Disadvantaged at Perumahan Awam Seri Sabah 3B, Cheras, and PPR Kg Baru Air Panas, Setapak in Malaysia (Survey Applying the MDGs to microcommunities Pitas) Kg Telaga, Dialogue on ‘Human Rights and Access to Equitable Healthcare’ of DAP Kok Wai Meeting with YB Tan Pitas Dialogue with villagers of Kg Telaga, Meeting on Management of Information System on Street Children Meeting on Management of Information System Street Date Jan 4 Jan 4 Jan 5-11 Jan 8 Jan 8 Jan 9 Jan 17 1. 2. 3. 4. 5. 6. 7. No A PP ENDIX IV ACTIVITIES Public Affairs Division (PR) Public Affairs Legal Division (Legal) (EWG) Group Working Human Rights Education and Promotion International Issues and Cooperation Committee (IICC) (CIWG) Group Complaints and Inquiries Working Law Reform and International Tr

183 APPENDIX IV - ACTIVITIES OF SUHAKAM

Working Group / Working Division / Branch PR ECOSOC CIWG CIWG and Sarawak CIWG and Sarawak CIWG and Sarawak CIWG PR ECOSOC Sarawak PR and CIWG ECOSOC

Venue SUHAKAM Kuala Lumpur Sabah Kuala Lumpur Sri Aman, Sarawak Sarawak Miri, Sarawak Sepang, Selangor Perak Taiping, Kuala Lumpur Kuching Perak Taiping, Putrajaya

Activity

Press Conference: Bullying in Schools Conference: Press Follow-up meeting with the Economic Planning Unit and National Registration Department on the ‘Report Penan Ulu Belaga: Right to Land and Socio-Economic Development’ at Bandar Kinrara Meeting with the family of late K Yashovan Visit to Sri Aman Prison, Sarawak Sarawak Visit to Semuja Detention Centre, Visit to Miri Prison, Sarawak Road show: SUHAKAM ‘Meet the People’ session Discussion on ‘Strategic Partnerships: The Role of NGOs in in Persons’ Combating Trafficking Meeting with Datuk Amar Wilson Baya Dandot , Sarawak State Secretary Conference: and Press Visit to Kamunting Detention Centre Conditions at the Centre Meeting to discuss status and citizenship issues of Penan Community of Sarawak Visit to Foreign Workers Processing Centre and Detention Depot Centre Processing Workers Visit to Foreign at Kuala Lumpur International Airport Date

Jan 18 Jan 18 Jan 20 Jan 21 Jan 21 Jan 22 Jan 24 Jan 28 Jan 30 Jan 31 Feb 4 Feb 13 15. 16. 17. 18. 19. 8. 9. 10. 11. 12. 13. 14. No

184 APPENDIX IV - ACTIVITIES OF SUHAKAM Working Group / Working Division / Branch CIWG Legal CIWG ECOSOC Sarawak Sabah and CIWG Sabah and CIWG Sabah and CIWG Sabah and CIWG CIWG Sabah Sarawak Sabah Venue Johor Kuching, Sarawak Putrajaya Putrajaya Kuching, Sarawak Kota Kinabalu Sabah Tawau, Sabah Tawau, Kuching, Sarawak Penang Semporna Spaoh, Sarawak Kinabatangan Activity Visit to Simpang Renggam Rehabilitation Centre, Johor Visit to Simpang Renggam Rehabilitation Centre, Discussion on ‘Issues of Native Customary Rights Land’ Meeting with Ministry of Defence Ninth on Half-Term – Research Meeting Mission Cluster Group Malaysia Plan Roundtable Discussion on ‘Native Customary Rights to Land and Documents’ Official Meeting with the Sabah Police Commissioner Prison Visit to Tawau Dialogue on ‘Native Customary Land Rights’ death in custody of Visit to Penang Prison regarding Ong Chee Leong Road show: SUHAKAM ‘Meet the People’ session Road show: SUHAKAM ‘Meet the People’ session Road show: SUHAKAM ‘Meet the People’ session Visit to Tawau Temporary Detention Centre Detention Centre Temporary Visit to Tawau Date Feb 26 Feb 28 Feb 28 Feb 21 Feb 21 Feb 19 Feb 16 Feb 22 Feb 25 Feb 22 Feb 22 Feb 13 Feb 19 27. 28. 29. 30. 31. 32. 20. 21. 22. 23. 24. 25. 26. No

185 APPENDIX IV - ACTIVITIES OF SUHAKAM

Working Group / Working Division / Branch

ECOSOC CIWG CIWG CIWG CIWG CIWG CIWG EWG ECOSOC CIWG CIWG EWG

Venue

Putrajaya ECOSOC Kuala Lumpur Kuala Lumpur Johor Johor Johor Johor Johor Malacca Kuala Lumpur Tanjung Rambutan,Perak Perak Kelantan Activity

Meeting of Council for Anti-Human Trafficking, 1/2008 Meeting of Council for Anti-Human Trafficking, on Applying the MDGs to ECOSOC meeting to discuss report Seri Sabah 3B, Economically Disadvantaged at Perumahan Awam Cheras, and PPR Kg Baru Air Panas, Setapak Annual Consultation between UNHCR and Partners on Refugee in Malaysia 2008-2009 Issues and Programmes Meeting with OCPD of Segamat Visit to Johor Bahru Prison Johor Visit to Pekan Nenas Detention Centre, Visit to Batu Gajah Rehabilitation Centre for Indigenous People Programme Outreach Meeting with Officer-in-Charge of Skudai Police Station Meeting with Officer-in-Charge Organizing workshop on ‘CRC for Religious Schools’, Southern Zone on Applying the MDGs to ECOSOC meeting to finalize report Seri Sabah the Economically Disadvantaged at Perumahan Awam 3B, aCheras, and PPR Kg Baru Air Panas, Setapak Visit to Hospital Bahagia Ulu Kinta Meeting with the family of late Goh Yan Peaw, Johor Peaw, Meeting with the family of late Goh Yan

March 4 March March 5 March 11 March 12 March 12 March 13 March 13 March 14 March 16-17 March 17 March 18 March 18 March 21-22 March 38. 40. 44. 45. 33. 34. 35. 36. 39. 41. 42. 43. 37. No Date

186 APPENDIX IV - ACTIVITIES OF SUHAKAM Working Group / Working Division / Branch ECOSOC Sabah PR Sabah Sabah CIWG Sabah and PR PR PR, ECOSOC and Sabah PR CIWG EWG EWG PR Venue Beladin, Sarawak Banggi, Sabah SUHAKAM, Kuala Lumpur Ranau, Sabah Sabah Tuaran, Penang Kota Kinabalu Kota Kinabalu, Sabah Kg Beladin, Pusa, Sarawak Kuala Lumpur Selangor Kuala Lumpur Selangor SUHAKAM, Kuala Lumpur Activity Research on MDGs Research Road show: SUHAKAM ‘Meet the People’ session Rights Meeting of Minds on Children’s Conference: Press Pre-event Road show: ‘SUHAKAM Meet the People’ session Dialogue with the media Meeting with the Subang Jaya District Police Organizing symposium on ‘Child Rights’ Rights’ Organizing workshop on ‘Women’s System to Implement Parole Response to Proposal Conference: Press Press Conference: Meeting of Minds on Children’s Rights Meeting of Minds on Children’s Conference: Press Media Luncheon Dialogue with villagers on MDGs Road show: ‘SUHAKAM Meet the People’ session Meeting with Penang Police Contingent March 24-29 March 26 March 27 March 29 March 30 March 31 March April 3 April 3-4 April 3-4 April 7 April 7 April 7-8 April 9-10 April 11 46. 47. 48. 50. 52. 56. 57. 58. 59. 55. 49. 51. 53. 54. No Date

187 APPENDIX IV - ACTIVITIES OF SUHAKAM

Working Group / Working Division / Branch CIWG LRITWG LRITWG PR and LRITWG EWG PR CIWG PR Sarawak PR and CIWG

Venue Putrajaya SUHAKAM, Kuala Lumpur SUHAKAM, Kuala Lumpur SUHAKAM, Kuala Lumpur Putrajaya Perlis Kangar, Perak Taiping, Perak Taiping, Saratok, Sarawak Negri Sembilan

Activity

Meeting with the National Registration Department of the Bar Council and SUHAKAM dialogue with representatives State BAR Committees for Gender SUHAKAM meeting with the Joint Action Group Equality and Sisters in Islam on the Amendment Bill for Islamic Law (Federal Territory) Expeditious and Fair Trial’ Organizing workshop on ‘Human Rights’ for Ministry of Higher Education Road show: SUHAKAM ‘Meet the People’ session Visit to Kamunting Detention Centre Condition of ISA detainees at the Kamunting Conference: Press Detention Centre Road show: SUHAKAM ‘Meet the People’ session and Visit to Lenggeng Immigration Detention Conference Press Depot

April 11 April 12 April 14 15March April 17 Launch of Report on ‘The Right to an Conference: Press April 21 April 22 April 23 April 23 April 24 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. No Date

188 APPENDIX IV - ACTIVITIES OF SUHAKAM Working Group / Working Division / Branch CIWG CIWG CIWG Sabah CIWG and Legal CIWG CIWG CIWG Sabah Sabah Sabah CIWG PR Venue rengganu, rengganu, rengganu Putrajaya Johor Johor Sandakan, Sabah Negeri Sembilan Kuala Lumpur Perak Jerantut, Pahang Keningau, Sabah Kota Kinabalu, Sabah Nabawan, Sabah Semenyih, Selangor Kuala Te Te Activity Meeting with Ministry of Education Meeting at Muar District Police Headquarters Visit to Muar Rehabilitation Centre Participation in ‘Integrated Mobile Complaint Counter’ project District Police Headquarters Meeting at Seremban Batu District Visit to Police Remand Centre, health condition at Kamunting Meeting on Sanjeev Kumar’s Detention Centre Visit to Kampung Orang Asli Sungai Mai Participation in ‘Integrated Mobile Complaint Counter’ project Meeting with the Sabah Police Road show: SUHAKAM ‘Meet the People’ session Meeting with Bangladeshi workers at Fasa 5, Bandar Rinching Road show: SUHAKAM ‘Meet the People’ session April 25 April 29 April 29 April 30 April 30 May 3 May 7 May 8 May 8 May 9 May 14 May 15 May 20 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. No Date

189 APPENDIX IV - ACTIVITIES OF SUHAKAM

Working Group / Working Division / Branch LRITWG IICC PR CIWG Sabah ECOSOC EWG Sabah ECOSOC Sabah, CPR and PR ECOSOC

Venue Taiping, Perak Taiping, SUHAKAM, Kuala Lumpur SUHAKAM, Kuala Lumpur Kuala Lumpur Membakut, Sabah Sabah Gerik, Perak Sipitang, Sabah Putrajaya Kota Kinabalu, Sabah Sabah Selangor CIWG

Activity

Visit to Sungai Buloh Prison Visit to Sekolah Tunas Bakti Visit to Sekolah Tunas International Islamic University Malaysia Mediation Training, for Indigenous People Programme Meeting on Outreach Roundtable Discussion on ‘Statelessness in Malaysia – Invisible Population, Undocumented Children’ Organizing forum on ‘Civil and Political Rights’ into Native research Ramy Bulan on proposed Meeting with Prof Second Technical Working Group Meeting of the ASEAN Group Working Second Technical National Human Rights Institutions (NHRIs) Forum ‘Public Inquiry into Bandar Mahkota Cheras Conference: Press Incident’ Road show: SUHAKAM ‘Meet the People’ session Follow-up on ‘Human Rights and Citizenship' meeting – with government agencies Road show: SUHAKAM ‘Meet the People’ session Customary Land Rights to in Sabah

May 23 May 26 May 27-29 May 30 June 9-13 June 10 June 10 June 10-12 June 11 June 12 June 12 June 12 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 83. No Date

190 APPENDIX IV - ACTIVITIES OF SUHAKAM Working Group / Working Division / Branch Sabah and ECOSOC Sabah and CIWG ECOSOC PR CPR, Sabah and LRITWG CIWG, Legal and LRITWG, PR Sarawak LRITWG, Legal and CIWG CIWG Venue Kuala Lumpur Kota Kinabalu, Sabah Kota Kinabalu, Sabah SUHAKAM, Kuala Lumpur Kota Kinabalu, Sabah Kuantan, Pahang SUHAKAM, Kuala Lumpur SUHAKAM, Kuala Lumpur Debak, Sarawak Selangor Activity Roundtable Discussion on ‘Statelessness in Malaysia’ organized by UNCHR Dialogue with government agencies: Application of MDGs on in Malaysia – Kg Telaga microcommunities Prison Visit to Kepayan and Women’s investigation for Public Inquiry into allegation of Preliminary during the officers by law enforcement excessive use of force Police Misconduct against Remand Prisoner Conference: Press Dialogue on ‘Civil and Political Rights in Sabah’ incident of May 27, 2008 at Bandar Mahkota Cheras Road show: SUHAKAM ‘Meet the People’ session Road show: SUHAKAM ‘Meet the People’ session Preliminary investigation for Public Inquiry into allegation of Preliminary during the officers by law enforcement excessive use of force incident of May 27, 2008, at Bandar Mahkota Cheras Visit to Semenyih Immigration Detention Centre June 12 June 13 June 13 June 20 June 12 June 14-July 22 June 26 June 18-19 June 24 June 16 95. 96. 97. 98. 99. No Date 100. 101. 103. 104. 102.

191 APPENDIX IV - ACTIVITIES OF SUHAKAM

Working Group / Working Division / Branch

Sarawak and ECOSOC EWG Sabah Sarawak Sarawak CPR and IICC EWG Sabah CPR Sabah PR

Venue Kuching, Sarawak Selangor Pitas, Sabah PWTC, Kuala Lumpur Limbang, Sarawak Limbang, Sarawak Petaling Jaya, Selangor Selangor Sook, Sabah SUHAKAM, Kuala Lumpur Matunggong, Sabah

Activity

Meeting with government agencies on MDGs for Kg Beladin, Pusa Organizing workshop on ‘Human Rights Education for Officers- in-Charge of Police Stations’ Road show: SUHAKAM ‘Meet the People’ session Whiz-kid Exhibition Road show: SUHAKAM ‘Meet the People’ session Visit to Limbang Central Prison Rights for Religious Organizing workshop on ‘Children’s Schools’, Southern Zone Road show: SUHAKAM ‘Meet the People’ session Dialogue on ‘Civil and Political Rights’ NGO National Consultation on SUHAKAM Road show: SUHAKAM ‘Meet the People’ session

June 26 June 29-July 2 July 9 July 10 July 11 July 11-13 July 15 July 17 No Date 105. 106. 107. July 1 109. July 4-6 110. 111. 112. 113. 114. 115. 108. July 3

192 APPENDIX IV - ACTIVITIES OF SUHAKAM Working Group / Working Division / Branch PR LRITWG PR, CIWG, Legal and LRITWG SUHAKAM and APF Sabah and CIWG ECOSOC ECOSOC ECOSOC LRITWG LRITWG CPR, PR and Sarawak SUHAKAM Officers CPR Venue SUHAKAM, Kuala Lumpur SUHAKAM, Kuala Lumpur SUHAKAM, Kuala Lumpur Kuala Lumpur Kelantan Kelantan Kelantan Kelantan Kelantan Kuching, Sarawak SUHAKAM, Kuala Lumpur SUHAKAM, Kuala Lumpur Tongod, Sabah Tongod, Activity Visit from AFS Antarabudaya Malaysia – InternationalVisit from Student Exchange Programme Intercultural Organizing forum on ‘Child Pornography’ by law Public Inquiry into the allegation of excessive use force during the incident of May 27, 2008 at officers enforcement Bandar Mahkota Cheras 13th Annual Meeting of the Asia-Pacific Forum NHRIs of Conversation’ and Records on ‘Report Writing Training Visit to villages Meeting with government agencies Visit to Pengkalan Chepa Prison Dialogue with Media and NGOs Dialogue on ‘Human Rights and Access to Equitable Healthcare’ Visit to Pengkalan Chepa Prison Road show: SUHAKAM ‘Meet the People’ session Unions Roundtable Discussion with Trade July 21 July 21 July 28-31 Aug 7 Aug 9 Aug 10 Aug 10 Aug 12 Aug 10 Aug 11-12 Aug 7 Aug 11 116. 117. 118. July 23-25 119. 120. 121. 122. 123. 124. 125. 126. 127. 128. No Date

193 APPENDIX IV - ACTIVITIES OF SUHAKAM

Working Group / Working Division / Branch

Sarawak IICC Sarawak and ECOSOC PR PR LRITWG ECOSOC LRITWG LRITWG LRITWG IICC

Venue Kuching, Sarawak Shah Alam, Selangor Kuching, Sarawak Kuala Lumpur Muar, Johor Muar, SUHAKAM, Kuala Lumpur SUHAKAM, Kuala Lumpur Kuala Lumpur SUHAKAM, Kuala Lumpur Kuala Lumpur SUHAKAM, Kuala Lumpur

eaties’

Activity

Meeting with government agencies on Murum Hydroelectric Dam project Courtesy visit to Radio Televisyen Malaysia Courtesy visit to Radio Televisyen Closed-door discussion on the Indian Community’s claims on Closed-door discussion on the Indian Community’s human rights violations Consultation with NGOs on Universal Periodic Review Road show: SUHAKAM ‘Meet the People’ session on ‘Strategies for Ratification Dialogue with civil society groups of International Human Rights Tr Meeting with Assistant Director of the Department for Orang Meeting with Assistant Director Asli Affairs Meeting with Bridges Across Borders Meeting with Bridges Across SUHAKAM dialogue with government agencies and non-governmental bodies on ‘Child Pornography Laws’ National Consultation on the ASEAN Declaration of the Rights Migrant Workers and Promotion Protection Dialogue with Media dan NGOs; Launch of Report on ‘Legal Perspectives on Native Customary Land Rights in Sarawak’

Aug 25 Aug 26 Aug 27 Aug 18 Aug 20 Aug 15 Aug 22 Aug 14 Aug 19 Aug 12 Aug 13-14 129. 130. No Date 139. 132. 133. 134. 135. 136. 137. 138. 131.

194 APPENDIX IV - ACTIVITIES OF SUHAKAM Working Group / Working Division / Branch PR, CIWG, Legal and LRITWG CIWG PR Sarawak CIWG CIWG Sabah and CIWG ECOSOC All SUHAKAM Commissioners, and Staffs Officers Sarawak and ECOSOC LRITWG Sabah and CIWG CIWG ECOSOC Venue Serian, Sarawak Taiping, Perak Taiping, Sabah Kuala Lumpur Johor Kuala Lumpur Bintulu, Sarawak Parliament House, Kuala Lumpur Sabah Negeri Sembilan Kuala Lumpur SUHAKAM, Kuala Lumpur Malacca SUHAKAM, Kuala Lumpur Activity Continuation of Public Inquiry into incident on May 27, 2008, at Bandar Mahkota Cheras Malaysian Human Rights Day Conference: Press Pre-event Visit to Machap Umboo Immigration Detention Centre Field visits to Kg Gedong Visit to Kamunting Detention Centre Visit to Sandakan Temporary Detention Centre Visit to Sandakan Temporary Roundtable Discussion on ‘Legal Empowerment of the Poor’ Visit to Simpang Renggam Rehabilitation Centre Malaysian Human Rights Day Meeting with indigenous community leaders on issues related to Meeting with indigenous community leaders on issues related Dam Murum Hydroelectric Meeting with Datuk Kamarudin Baria, Parliament of Malaysia Visit to Menggatal Temporary Detention Centre Visit to Menggatal Temporary Visit to Lenggeng Immigration Detention Centre Meeting with Ms Jannie Lasimbang, Expert Mechanism on the Rights of Indigenous Peoples Aug 27-29 Sept 4 Aug 28 Sept 9 Sept 15 Sept 6 Sept 16 Sept 18 Sept 9 Sept 13 Sept 4 Sept 5 Sept 8 Sept 16 145. 147. 148. 149. 150. 151. 153. 143. 144. 146. 152. 140. 141. 142. No Date

195 APPENDIX IV - ACTIVITIES OF SUHAKAM Division / Branch Working Group / Working ECOSOC CPR Legal Sabah and CIWG PR and LRITWG CIWG LRITWG CIWG Venue Putrajaya Sarawak Kuala Lumpur ECOSOC Selangor Kota Belud, Sabah SUHAKAM, Kuala Lumpur Perak SUHAKAM, Kuala Lumpur Kuala Lumpur Kuala Lumpur ECOSOC Activity Be Governed by the Heart or Law?’ Meeting with the Director-General, Ministry of Human Resources Ministry of Human Resources Meeting with the Director-General, Unions – a follow-up to the Roundtable Discussion with Trade Visit to Temporary Detention Centre at Paradise Camp Detention Centre Visit to Temporary Meeting with NGOs to discuss concerns over the impact of Dam project Murum Hydroelectric Roundtable Discussion on ‘Proposed Race Relations Act in Roundtable Discussion on ‘Proposed Malaysia: To Preparatory Meeting with Dr Collin Nicholas, Prof Ramy Bulan Meeting with Dr Collin Nicholas, Prof Preparatory study on native customary and others to discuss the proposed rights to land of the Orang Asli in Peninsular Malaysia Launch of the Report on the Forum on Malaysia’s Reservations to Launch of the Report on Forum Malaysia’s the Convention on Rights of Child Meeting with Perak Tengah District Police Meeting with Perak Tengah Meeting at UNHCR Office SUHAKAM dialogue with government agencies and non-governmental to the CRC bodies on the ‘Optional Protocol and Child Pornography’ Child Prostitution on the Sale of Children, of Sentul Utama Flats Visit and discussion with residents Kuala Lumpur Oct 20 Oct 30 Oct 29 Oct 20 Oct 14 Sept 25 Oct 8 Sept 19 Sept 19 Sept 24 157. 158. 159. 160. 161. 162. 163. 154. 155. 156. No Date

196 APPENDIX IV - ACTIVITIES OF SUHAKAM Division / Branch Working Group / Working CIWG EWG Sabah and CIWG Sabah and CIWG CIWG CIWG Sarawak Sarawak LRITWG and CIWG CPR and CIWG ECOSOC Venue Bukit Aman. Kuala Lumpur Perak Penampang, Sabah Paitan, Sabah Putrajaya Kuala Lumpur CIWG Selangor Taiping, Perak Taiping, Kuching SUHAKAM, Kuala Lumpur Kuala Lumpur Kuching Activity Meeting with Royal Malaysia Police Organizing workshop on ‘Human Rights’ for National Drug Agency Participation in ‘Integrated Mobile Complaint Counter’ project Participation in ‘Integrated Mobile Complaint Counter’ project Road show: SUHAKAM ‘Meet the People’ session Meeting with Director of Enforcement, Immigration Department of Enforcement, Meeting with Director of Sri Lanka High Commission Meeting with representative Visit to Semenyih Police Station Visit to Kamunting Detention Centre Meeting with Assistant Commissioner of Police on alleged Penan rape case Consultative Meeting with the Police and NGOs – a follow-up to the ‘Civil and Political Rights’ dialogues Roundtable Discussion on ‘Ethnic Minorities and Marginalized Communities’ Meeting with State Education Director on alleged Penan rape case Meeting with State Education Director Nov 6 Nov 4 Nov 6 Nov 4 Nov 7 Nov 6 Nov 11 Nov 17-18 Nov 20 Nov 13 Nov 19 Nov 13 164. 165. 166. 167. 168. 169. 170. 171. 172. 173. 174. 175. No Date

197 APPENDIX IV - ACTIVITIES OF SUHAKAM Division / Branch Working Group / Working Legal and ECOSOC SUHAKAM Officers LRITWG IICC CIWG CIWG Venue Putrajaya Kuala Lumpur SUHAKAM, Kuala Lumpur SUHAKAM, Kuala Lumpur Kuala Lumpur Kedah Activity orkers’ Meeting with Director-General of Department of Trade Union of Department Trade Meeting with Director-General Ministry of Human Resources Affairs, Reservation Debate on the CEDAW on ‘Human Rights and Islam’ Organising Talk Consultation on ‘Domestic Legislation Concerning Migrant W Roundtable Discussion on ‘Arrest and Detention of Migrants’ Roundtable Discussion on ‘Arrest organised by Bar Council Meeting at Kedah Police Contingent: Inquiry into death in custody of Suria Ramesh Balasuna Kumaran Nov 24 Nov 25 Nov 25 Nov 24 Dec 5 Nov 27 176. 177. 178. 179. 180. 181. No Date

198 APPENDIX V TALKS, SEMINARS AND CONFERENCES – NATIONAL 2008

No Date Talks, Seminars and Conferences Venue Representative

1. Feb 6 Talk on ‘Human Rights’ for Local Councils Selangor Simon Karunagaram, Officer

2. Feb 7 Talk at Roundtable Discussion on Overcoming Challenges and Kota Kinabalu, Tan Sri Datuk Seri Panglima Devising Sustainable Strategies and Programmes for Poverty Sabah Simon Sipaun, Alleviation in Sabah Vice-Chairman

3. Feb 14 Seminar with Social Partners: ‘Realizing Decent Work in Malaysia’ Putrajaya Siti Rahayu M Noor, Officer

4. Feb 14 Talk on ‘Human Rights’ for Bank Negara Malaysia Kuala Lumpur Simon Karunagaram, Officer

5. Feb 28 Forum on ‘Know Your Rights: Women’s Rights in Islamic Law’ Kuala Lumpur Hasmah Abd Manaf, Officer

6. Feb 28 Talk on ‘Human Rights’ at basic training for Investigating Officers, Selangor Norita Azmi, Officer; 2nd series 1/2008, organized by Maritime Enforcement Agency Simon Karunagaram, Officer Malaysia, Prime Minister’s Department

7. Feb 29 Forum on ‘Know Your Rights: Women’s Rights in Islamic Law’, Kuala Lumpur Norita Azmi, Officer; organized by Sisters in Islam and BAKAT DARAT Eda Mazuin A. Rahman, Officer

8. March 10-12 Workshop on ‘Digitized Archive’ Kuala Lumpur Syarim Irwani Ibrahim, Officer

9. March 17 Talk on ‘The Translation Process’ Kuala Lumpur Noor Azizah Atdenan, Officer APPENDIX V - TALKS, SEMINARS AND CONFERENCES – NATIONAL 2008

Representative

SUHAKAM’s Officer Officer SUHAKAM’s Neeza Mohd Alias, Officer Neeza Mohd Alias, Officer Akhdiat Nur Zahhir Alwi, Officer Neeza Mohd Alias, Officer Nur Syahirah Md Nizam, Officer Akhdiat Nur Zahhir Alwi, Mohd Hairul Fahmi Officer; Mohd Harris, Officer Akhdiat Nur Zahhir Alwi, Officer Ameer Izyanif Hamzah, Officer; Lau Sor Pian, Officer

Venue Petaling Jaya, Selangor Kuala Lumpur Sabah Kuala Lumpur Adlin Samsudin, Officer INTAN, Kuala Lumpur Kuala Lumpur Ahmad Ramli Mat Piah, Officer Kota Kinabalu, Sabah Kuala Lumpur Shahizad Sulaiman, Officer; Kuala Lumpur Kuala Lumpur Norita Azmi, Officer;

Talks, Seminars and Conferences Talks,

Course on ‘Writing for the Media’ Course on ‘Writing Seminar on the ‘International Criminal Court’,Bar Council Course on Convention the Elimination of All Forms (CEDAW) Discrimination against Women Bali Process Workshop on ‘People Smuggling – Threat on ‘People Smuggling – Threat Workshop Bali Process Assessment & Risk Analysis’ Course on ‘Write It Right – Effective Writing Skills Course’, Writing It Right – Effective Course on ‘Write 1/2008 Seminar on ‘Islam and the Future of Ethnic Relations’ Seminar on ‘Islam and the Future Talk on ‘Human Rights and National Customary to Land’ Talk Training workshop on ‘Stateless Persons’ organized by UNHCR Training Talk on ‘Recent Developments in Construction Law’,Bar Council Talk on ‘Mediation 4th Asia-Pacific Mediation Forum – Training Theory and Practice’

Date

March 25-26 March April 4 April 9-10 June 2-5 June 9-20 June 11 June 12 June 11 June 9-13 10. 11. 12. 13. May 28 14. 15. 16. 17. 18. 19. No

200 APPENDIX V - TALKS, SEMINARS AND CONFERENCES – NATIONAL 2008 Representative Akhdiat Nur Zahhir Alwi, Officer Akhdiat Nur Zahhir Alwi, Officer Sri Datuk Seri Panglima Tan Simon Sipaun, Vice-Chairman Tan Sri Datuk Seri Panglima Tan Simon Sipaun, Vice-Chairman Ahmad Ramli Mat Piah, Officer Nur Syahirah Md Nizam, Officer; Ahmad Ramli Mat Piah, Officer Abdul Rahman Abdullah, Officer; Abdul Rahman Abdullah, Officer; Jasmih Slamat, Officer Akhdiat Nur Zahhir Alwi, Officer Ahmad Ramli Mat Piah, Officer; Nur Syahirah Md Nizam, Officer Venue Kuala Lumpur Kota Kinabalu, Sabah Kuala Lumpur Ahmad Ramli Mat Piah, Officer Kuala Lumpur Lau Sor Pian, Officer Kota Kinabalu, Sabah Kuala Lumpur Kuala Lumpur Kuala Lumpur Kuala Lumpur Officer; Hakimah Hj Yaacob, Tuaran, Sabah Tuaran, Talks, Seminars and Conferences Talks, Workshop on ‘Rights and Safety of Children’ organized by IKIM on ‘Rights and Safety of Children’ Workshop on ‘Human Rights’ at Rotary Club of Kota Kinabalu Talk Seminar on ‘Understanding Challenges Faced by New Converts’, Bar Council Course on ‘Intensive English’, 1/2008, INTAN Wilayah Tengah Course on ‘Intensive English’, 1/2008, INTAN Talk on ‘Human Rights’ at the Rotary Club of Kota Kinabalu Talk South Talk on ‘Religion in the Quest for Global Justice and Peace’ Talk Seminar on ‘Islamic Administration in Malaysia: Challenges and Plans’ Future National Convention on Faraid and Hibah 2008 Forum on ‘World Indigenous People’ Forum on ‘World Talk on ‘Detention and Arrest based on Human Rights’ at the on ‘Detention and Arrest Talk Centre RELA Training Date June 24-25 June 28 June 29 June 30-Aug 22 July 19 July 24 Aug 6-7 Aug 7 July 25 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. Aug 19 No

201 APPENDIX V - TALKS, SEMINARS AND CONFERENCES – NATIONAL 2008

Representative

Sophian Osman, Officer Ahmad Ramli Mat Piah, Officer Nur Syahirah Md Nizam, Officer SUHAKAM Officers Nur Syahirah Md Nizam, Officer; Ahmad Ramli Mat Piah, Officer Noor Azizah Atdenan, Officer Siti Zaihan Zulkarnain, Officer Tan Sri Datuk Seri Panglima Tan Simon Sipaun, Vice-Chairman

Venue Lembaga Lada Malaysia, Sarikei, Sarawak Bangi, Selangor Kuala Lumpur SUHAKAM, Kuala Lumpur SabahPapar, Jasmih Slamat, Officer Kuala Lumpur Petaling Jaya, Selangor Kuala Lumpur Kota Kinabalu, Sabah

Talks, Seminars and Conferences Talks,

Talk on ‘Human Rights’ Talk Seminar on ‘National Islamic Thinking’ Summit 2008 Convention on Women’s Visit to Johor Bahru Prison, of Drug for residents on ‘Human Rights Awareness’ Talk and 4th Combined Report to finalize the 3rd Workshop on CEDAW of Information and Media Role in on ‘Freedom Workshop Governance, Fighting Corruption and Improving Transparency and Accountability in Malaysia’ Seminar on ‘Primary Care Delivery and Financing: Effective Delivery and Financing: Effective Seminar on ‘Primary Care Organization, Delivery and Financing of Primary Health Care: The UK’ Lesson From Talk at Convention on Sabah Issues Talk Rehabilitation Centre

Aug 21 Aug 23 34. Sept 15-19 35. Sept 19 36. Oct 8 37. Oct 9-10 32. Aug 28 30. 31. 38. Oct 15 33. Aug 30 No Date

202 APPENDIX V - TALKS, SEMINARS AND CONFERENCES – NATIONAL 2008 Representative Siti Zaihan Zulkarnain, Officer Sri Datuk Seri Panglima Tan Simon Sipaun, Vice-Chairman Officer Senior Officers SUHAKAM’s Tan Sri Datuk Seri Panglima Tan Simon Sipaun, Vice-Chairman SUHAKAM Commissioners and Staffs Venue Kuala Lumpur Kuala Lumpur Kota Kinabalu, Sabah Sepang, Selangor Kuala Lumpur Akhdiat Nur Zahhir Alwi, SUHAKAM, Kuala Lumpur Talks, Seminars and Conferences Talks, Talk on ‘Human Rights and Business’ for Petronas Senior on ‘Human Rights and Business’ for Petronas Talk Managers and Executives a New Paradigm International ‘Towards Leadership Conference: of Leadership and Good Governance’ Association Rights’ at the Single Parent on ‘Women’s Talk Course on ‘Leadership and Organizational Management’ Workshop on ‘Achieving a policy of having at least 30% women Workshop at decision-making levels’ Briefing on ‘Human Rights and Islam’ for all Commissioners and Staff Oct 17-20 Oct 18 Nov 14-16 Oct 23 Nov 26 Oct 16 39. 40. 41. 43. 42. 44. No Date

203

Khoo Ying Hooi, Officer Simon Karunagaram, Officer Simon Karunagaram, Officer Datuk Dr Chiam Heng Keng, Commissioner; Datuk Nazihah Tunku Tunku Mohd Rus, Commissioner; Amir Saravanan Abdullah, Officer; Eda Mazuin Abdul Rahman, Officer; Mohamad Azizi Azmi, Officer; Adlin Samsudin, Officer Mohd Rus, Commissioner; Lau Sor Pian, Officer

Venue Representative Geneva, Switzerland University of Nottingham Manila, Philippines New Delhi, India Datuk Nazihah Tunku Tunku

NFERENCES - NFERENCES

Talks, Seminars and Conferences Talks,

Consultative Meeting and Conference of the ASEAN Four Consultative Meeting and Conference Session of the United Nations Human Rights Council

th th National Human Rights Institutions 7 Chevening Fellowship Implementing 4 Asia Pacific Forum Workshop on Strengthening the Advisory on Strengthening Asia Pacific Forum Workshop Council of Jurists

March 17 – 20 March Jan 9 - Feb 4 Jan 29 - 31 ALKS, SEMINARS AND CO 4. 2. 3. Feb 27 – 28 1. No Date INTERNATIONAL 2008 INTERNATIONAL A PP ENDIX VI T

204 APPENDIX VI - TALKS, SEMINARS AND CONFERENCES – INTERNATIONAL 2008 Representative Tunku Datuk Nazihah Tunku Datuk Nazihah Tunku Tunku Mohd Rus, Commissioner; Khoo Ying Hooi, Officer Commissioner Tunku Datuk Nazihah Tunku Datuk Nazihah Tunku Tunku Mohd Rus, Commissioner; Nurul Hasanah Ahamed Hassain Malim, Officer Dato’ Haji Khalid Ibrahim, Commissioner Mohd Rus, Commissioner Simon Karunagaram, Officer; Nurul Hasanah Ahmad Hassain Malim, Officer; Officer; Rafidah Yahya, Muhammad Azizi Azmi, Officer; Shahizad Sulaiman, Officer Venue Cebu City, Cebu City, Philippines Singapore Dato’ Choo Siew Kioh, Geneva, Switzerland Mandaluyong Philippines City, Bali, Indonesia Datuk Nazihah Tunku Tunku Jakarta, Indonesia Talks, Seminars and Conferences Talks, ASEAN-ISIS Colloquium on Human Rights Workshop on the ASEAN Regional Mechanism Human Workshop Technical Working Group (TWG) Meeting of the ASEAN NHRI Group Working Technical th st th Rights 7 Session of the Annual Meeting International Coordinating and Committee of National Institutions for the Promotion of Human Rights (ICC) Protection 15 of Human Rights: and Protection on Promotion Workshop Supporting the Establishment of a Regional Human Rights Mechanism in ASEAN on National Inquiries Sub-Regional Workshop Forum 1 Date April 28 - 30 June 12 – 13 April 14 - 18 May 1 - 2 May 15 - 17 June 23 - 27 9. 7. 5. 8. 10. 6. No

205 APPENDIX VI - TALKS, SEMINARS AND CONFERENCES – INTERNATIONAL 2008 Representative an Sri Datuk Seri Panglima T Simon Sipaun, Vice Chairperson Shazeera Ahmad Zawawi, Officer Dato’ N. Siva Subramaniam, Commissioner Chairman; Dato’ Choo Siew Kioh, Commissioner; Khoo Ying Hooi, Officer Dato’ Choo Siew Kioh, Commissioner Hassain Malim, Officer Khoo Ying Hooi, Officer Haji Khalid Ibrahim, Commissioner Venue Copenhagen, Denmark Bangkok, Thailand Manila, Philippines KenyaNairobi, Othman, Sri Abu Talib Tan Colombo, Sri Lanka ItalySanremo, Nurul Hasanah Ahmad Manila, Philippines Jakarta, Indonesia eaty Bodies and Special Procedures Talks, Seminars and Conferences Talks, Regional Workshop on ASEAN and Human Rights Regional Workshop Thematic Course on Refugee Law & Human Rights nd th Roundtable of National Human Rights Institutions on the Issue Business and Human Rights Regional Consultation on the ASEAN Commission Women and the ASEAN Human Rights Body and Children Reinforcing Seminar on Thematic Instruments and Programmes: The Civil Society Visit to Sri Lanka Human Rights Commission 4 ICC Workshop on the Role of NHRIs in Universal Periodic ICC Workshop Review (UPR): Exploring the Potential for Mutual Strengthening between the UPR, Tr 2 • Consultation of ASEAN NHRI Forum on the Human Rights Body (AHRB) • Dialogue Between The High Level on an AHRB and the on ASEAN Human Rights Mechanism (HRWG), Group Working the Network of 4 NHRIs and Solidarity for Asian Peoples’ Assembly (SAPA) Date July 1 - 2 Sept 15 - 17 Oct 15 - 17 Oct 19 - 20 Sept 11 - 15 Sept 23 - 26 Sept 10 - 11 Aug 5 - 7 16. 11. 15. 17. 12. 14. 18. 13. No

206 APPENDIX VI - TALKS, SEMINARS AND CONFERENCES – INTERNATIONAL 2008 Representative Chairman; Dato’ Choo Siew Kioh, Commissioner; Khoo Ying Hooi, Officer Noor Azizah Atdenan, Officer; Noor Azizah Atdenan, Officer; Officer; Kadir, Kasim Wan Wan Mohd Norismadi Ismail, Officer Datuk Dr Chiam Heng Keng, Commissioner; Dato’ Choo Siew Kioh, Commissioner; Khoo Ying Hooi, Officer Chairman; Dato’ Choo Siew Kioh, Commissioner; Khoo Ying Hooi, Officer Akhdiat Nur Zahhir Alwi, Officer Venue Nairobi, KenyaNairobi, Othman, Sri Abu Talib Tan Davao City, Davao City, Philippines Seoul, South Korea Nairobi, KenyaNairobi, Othman, Sri Abu Talib Tan Italy Sanremo, Talks, Seminars and Conferences Talks, Internationalof National Human Rights Conference th Institutions: National Human Rights Institutions and the Administration of Justice Commonwealth Forum for National Human Rights Institutions (CFNHRIs) Training on Web Administration and Management – ASEAN on Web Training NHRI Forum Refugee Law Course International on Human Rights and Multicultural Conference Society 9 Date Oct 20 Oct 28 - 29 Nov 10 – 14 Oct 21 - 24 Oct 28 - Nov 1 20. 19. 21. 22. 23. No

207 APPENDIX VI - TALKS, SEMINARS AND CONFERENCES – INTERNATIONAL 2008 Representative an Sri Datuk Seri Panglima T Simon Sipaun, Vice Chairperson Dato’ Choo Siew Kioh, Commissioner; Khoo Ying Hooi, Officer Datin Paduka Zaitoon Dato’ Othman, Commissioner Ameer Izyanif, Officer; Intan Farida Adnan, Officer; Lau Sor Pian, Officer Dato’ Choo Siew Kioh, Commissioner Venue Bangkok, Thailand Geneva, Switzerland Bangkok, Thailand Bangkok, Thailand Islamabad, Pakistan Talks, Seminars and Conferences Talks, 4th Roundtable Discussion on Human Rights in ASEAN – Realizing the Peopleoriented ASEAN Community with Human Rights Regional Seminar on the UPR Regional Arrangements Workshop in Human Rights for Programme Regional Training Human Rights Institutions in the Asia Pacific from Representatives Establishment of a National Consultation on the Proposed National Human Rights Institution in Pakistan Date Nov 20 - 21 Nov 24 - 25 Nov 24 - 25 Nov 24 – Dec 3 Dec 18 - 19 24. 25. 26. 27. 28. No

208 APPENDIX VII LIST OF SUHAKAM PUBLICATIONS IN 2008

NO. VOLUME TITLE

1. (Bulletin) January - April Protecting Children’s Rights

2. (Bulletin) April - May SUHAKAM Commissioners 2008-2010

3. (Bulletin) June - July ASEAN NHRI Forum

4. (Bulletin) August - September Asia-Pacific Forum Conference

5. (Journal) April Malaysian Journal on Human Rights

6. (Journal) July Malaysian Journal on Human Rights

7. Report Legal Perspectives on Native Customary Land Rights in Sarawak

8. Report Report on Follow-up Forum on the Right to an Expeditious and Fair Trial

209 Leave Without

� � � � � � � With Leave TENDANCE AT

Absent ONERS’ ONERS’ Commissioners

Tan Sri Asiah Abu Samah Tan Dato’ Dr Abdul Monir Yaacob Prof Dato’ Dr Khoo Kay Kim Prof Dato’ Muhammad Shafee Abdullah Datin Paduka Zaitoon Dato’ Othman Datuk Dr Denison Jayasooria Ustaz Muhammad ‘Uthman El-Muhammady

GS 2008 – COMMISSI Commissioners Present

Tan Sri Abu Talib Othman Sri Abu Talib Tan Sri Datuk Seri Panglima Simon Sipaun Tan Dr Chiam Heng Keng Dr Mohammad Hirman Ritom Abdullah Datuk Dr Raj Abdul Karim Dato’ Karam Chand Vohrah Dato’ Choo Siew Kioh Mohamed Rus Datuk Nazihah Tunku Tunku Dato’ Siva Subramanian a/l Nagaratnam Ustaz Muhammad ‘Uthman El-Muhammady Oon Kheng Dato’ Dr Michael Yeoh Dato’ Haji Khalid Ibrahim Haji Ngah Haji Ahmad Yusuf Tan Sri Abu Talib Othman Sri Abu Talib Tan Sri Datuk Seri Panglima Simon Sipaun Tan Dr Chiam Heng Keng Dr Mohammad Hirman Ritom Abdullah Sri Asiah Abu Samah Tan Datuk Dr Raj Abdul Karim Dato’ Dr Abdul Monir Yaacob Prof Dato’ Karam Chand Vohrah Dato’ Choo Siew Kioh

Jan 14 Feb 18 Date of Meeting

th th

95 Meeting Meeting 96 of meeting 1. 2. No Serial No. A PP ENDIX VIII MEETIN MONTHLY

210 APPENDIX VIII - MoNTHLY MEETINGS - COMMISSIONER’S ATTENDANCE Leave Without � � � With Leave Absent Commissioners Dr Chiam Heng Keng Dato’ Dr Abdul Monir Yaacob Prof Dato’ Dr Khoo Kay Kim Prof Commissioners Present Dato’ Dr Michael Yeoh Oon Kheng Dato’ Dr Michael Yeoh Mohamed Rus Datuk Nazihah Tunku Tunku Dato’ Dr Khoo Kay Kim Prof Dato’ Siva Subramanian a/l Nagaratnam Dato’ Muhammad Shafee Abdullah Datuk Dr Denison Jayasooria Datin Paduka Zaitoon Dato’ Othman Dato’ Haji Khalid Ibrahim Haji Ngah Haji Ahmad Yusuf Othman Sri Abu Talib Tan Sri Datuk Seri Panglima Simon Sipaun Tan Dr Mohammad Hirman Ritom Abdullah Sri Asiah Abu Samah Tan Datuk Dr Raj Abdul Karim Dato’ Choo Siew Kioh Dato’ Karam Chand Vohrah Mohamed Rus Datuk Nazihah Tunku Tunku Dato’ Siva Subramanian a/l Nagaratnam Dato’ Muhammad Shafee Abdullah Datuk Dr Denison Jayasooria Ustaz Muhammad ‘Uthman El-Muhammady Oon Kheng Dato’ Dr Michael Yeoh Datin Paduka Zaitoon Dato’ Othman Dato’ Haji Khalid Ibrahim Haji Ngah Haji Ahmad Yusuf March 10 March Date of Meeting th 97 Meeting of meeting 3. No Serial No.

211 APPENDIX VIII - MoNTHLY MEETINGS - COMMISSIONER’S ATTENDANCE Leave Without

� � With Leave

Absent Commissioners

Tunku Datuk Nazihah Tunku Mohamed Rus Tunku Datuk Dr Raj Abdul Karim

Commissioners Present

Tan Sri Abu Talib Othman Sri Abu Talib Tan Sri Datuk Seri Panglima Simon Sipaun Tan Dr Chiam Heng Keng Dr Mohammad Hirman Ritom Abdullah Sri Asiah Abu Samah Tan Datuk Dr Raj Abdul Karim Dato’ Dr Abdul Monir Yaacob Prof Dato’ Dr Khoo Kay Kim Prof Dato’ Karam Chand Vohrah Dato’ Choo Siew Kioh Datin Paduka Zaitoon Dato’ Othman Dato’ Siva Subramaniam a/l Nagaratnam Dato’ Muhammad Shafee Abdullah Datuk Dr Denison Jayasooria Ustaz Muhammad ‘Uthman El-Muhammady Oon Kheng Dato’ Dr Michael Yeoh Dato’ Haji Khalid Ibrahim Haji Ngah Haji Ahmad Yusuf Othman Sri Abu Talib Tan Sri Datuk Seri Panglima Simon Sipaun Tan Dr Chiam Heng Keng Dr Mohammad Hirman Ritom Abdullah Sri Asiah Abu Samah Tan Dato’ Dr Abdul Monir Yaacob Prof Dato’ Choo Siew Kioh Mohamed Rus Datuk Nazihah Tunku Tunku

April 14 May 12 Date of Meeting

th th

98 Meeting 99 Meeting of meeting 4. 5. No Serial No.

212 APPENDIX VIII - MoNTHLY MEETINGS - COMMISSIONER’S ATTENDANCE Leave Without � � With Leave Absent Commissioners Dato’ Muhammad Shafee Abdullah Dato’ Dr Khoo Kay Kim Prof Commissioners Present Prof Dato’ Dr Khoo Kay Kim Prof Dato’ Siva Subramaniam a/l Nagaratnam Dato’ Muhammad Shafee Abdullah Datuk Dr Denison Jayasooria Oon Kheng Dato’ Dr Michael Yeoh Datin Paduka Zaitoon Dato’ Othman Dato’ Haji Khalid Ibrahim Haji Ngah Haji Ahmad Yusuf Othman Sri Abu Talib Tan Sri Datuk Seri Panglima Simon Sipaun Tan Datuk Dr Chiam Heng Keng Dr Mohammad Hirman Ritom Abdullah Sri Dato’ Asiah Abu Samah Tan Datuk Dr Raj Abdul Karim Dato’ Dr Abdul Monir Yaacob Prof Dato’ Choo Siew Kioh Oon Kheng Dato’ Dr Michael Yeoh Mohamed Rus Datuk Nazihah Tunku Tunku Dato’ Siva Subramanian a/l Nagaratnam Datuk Dr Denison Jayasooria Datin Paduka Zaitoon Dato’ Othman Dato’ Haji Khalid Ibrahim Puan Hashimah Nik Jaafar Tan Sri Abu Talib Othman Sri Abu Talib Tan Sri Datuk Seri Panglima Simon Sipaun Tan Datuk Dr Chiam Heng Keng June 9 July 4 Date of Meeting th th Meeting Meeting 100 101 of meeting 6. 7. No Serial No.

213 APPENDIX VIII - MoNTHLY MEETINGS - COMMISSIONER’S ATTENDANCE Leave Without

� � � � � With Leave

Absent Commissioners Dato’ Dr Michael Yeoh Oon Kheng Dato’ Dr Michael Yeoh Datuk Dr Denison Jayasooria Tan Sri Asiah Abu Samah Tan Dato’ Muhammad Shafee Abdullah Dato’ Dr Abdul Monir Yaacob Prof

Commissioners Present

Dr Mohammad Hirman Ritom Abdullah Sri Asiah Abu Samah Tan Datuk Dr Raj Abdul Karim Dato’ Dr Abdul Monir Yaacob Prof Dato’ Choo Siew Kioh Dato’ Dr Khoo Kay Kim Prof Mohamed Rus Datuk Nazihah Tunku Tunku Dato’ Siva Subramanian a/l Nagaratnam Dato’ Muhammad Shafee Abdullah Datin Paduka Zaitoon Dato’ Othman Dato’ Haji Khalid Ibrahim Puan Hashimah Nik Jaafar Tan Sri Abu Talib Othman Sri Abu Talib Tan Sri Datuk Seri Panglima Simon Sipaun Tan Datuk Dr Chiam Heng Keng Dr Mohammad Hirman Ritom Abdullah Datuk Dr Raj Abdul Karim Dato’ Choo Siew Kioh Dato’ Dr Khoo Kay Kim Prof Mohamed Rus Datuk Nazihah Tunku Tunku Dato’ Siva Subramanian a/l Nagaratnam Datuk Dr Denison Jayasooria Oon Kheng Dato’ Dr Michael Yeoh Datin Paduka Zaitoon Dato’ Othman Dato’ Haji Khalid Ibrahim Puan Hashimah Nik Jaafar

Aug 4 Date of Meeting

102 Meeting of meeting 8. No Serial No.

214 APPENDIX VIII - MoNTHLY MEETINGS - COMMISSIONER’S ATTENDANCE Leave Without With Leave Absent Commissioners Commissioners Present Tan Sri Abu Talib Othman Sri Abu Talib Tan Sri Datuk Seri Panglima Simon Sipaun Tan Datuk Dr Chiam Heng Keng Dr Mohammad Hirman Ritom Abdullah Sri Dato’ Asiah Abu Samah Tan Datuk Dr Raj Abdul Karim Dato’ Dr Abdul Monir Yaacob Prof Dato’ Choo Siew Kioh Mohamed Rus Datuk Nazihah Tunku Tunku Dato’ Dr Khoo Kay Kim Prof Tan Sri Abu Talib Othman Sri Abu Talib Tan Sri Datuk Seri Panglima Simon Sipaun Tan Datuk Dr Chiam Heng Keng Dr Mohammad Hirman Ritom Abdullah Sri Asiah Abu Samah Tan Datuk Dr Raj Abdul Karim Dato’ Dr Abdul Monir Yaacob Prof Dato’ Choo Siew Kioh Oon Kheng Dato’ Dr Michael Yeoh Dato’ Dr Khoo Kay Kim Prof Mohamed Rus Datuk Nazihah Tunku Tunku Dato’ Siva Subramanian a/l Nagaratnam Dato’ Muhammad Shafee Abdullah Datuk Dr Denison Jayasooria Datin Paduka Zaitoon Dato’ Othman Dato’ Haji Khalid Ibrahim Puan Hashimah Nik Jaafar Oct 13 Sept 2 Date of Meeting th th Meeting 104 Meeting 103 of meeting 9. 10. No Serial No.

215 APPENDIX VIII - MoNTHLY MEETINGS - COMMISSIONER’S ATTENDANCE Leave � Without

� � � � With Leave

Absent Commissioners

Datuk Dr Chiam Heng Keng Dr Mohammad Hirman Ritom Abdullah Dato’ Choo Siew Kioh Datuk Nazihah Tunku Tunku Mohamed Rus Dato’ Dr Abdul Monir Yaacob Prof

Commissioners Present

Dato’ Muhammad Shafee Abdullah Dato’ Siva Subramanian a/l Nagaratnam Datuk Dr Denison Jayasooria Datin Paduka Zaitoon Dato’ Othman Oon Kheng Dato’ Dr Michael Yeoh Dato’ Haji Khalid Ibrahim Puan Hashimah Nik Jaafar Othman Sri Abu Talib Tan Sri Datuk Seri Panglima Simon Sipaun Tan Sri Dato’ Asiah Abu Samah Tan Datuk Dr Raj Abdul Karim Dato’ Dr Khoo Kay Kim Prof Dato’ Siva Subramanian a/l Nagaratnam Dato’ Muhammad Shafee Abdullah Datuk Dr Denison Jayasooria Datin Paduka Zaitoon Dato’ Othman Oon Kheng Dato’ Dr Michael Yeoh Dato’ Haji Khalid Ibrahim Puan Hashimah Nik Jaafar

Nov 10 Date of Meeting

Meeting 105 of meeting 11. No Serial No.

216 APPENDIX VIII - MoNTHLY MEETINGS - COMMISSIONER’S ATTENDANCE Leave Without � With Leave Absent Commissioners Prof Dato’ Dr Khoo Kay Kim Prof Commissioners Present Tan Sri Abu Talib Othman Sri Abu Talib Tan Sri Datuk Seri Panglima Simon Sipaun Tan Datuk Dr Chiam Heng Keng Dr Mohammad Hirman Ritom Abdullah Sri Dato’ Asiah Abu Samah Tan Datuk Dr Raj Abdul Karim Dato’ Dr Abdul Monir Yaacob Prof Dato’ Choo Siew Kioh Mohamed Rus Datuk Nazihah Tunku Tunku Dato’ Siva Subramanian a/l Nagaratnam Dato’ Muhammad Shafee Abdullah Datuk Dr Denison Jayasooria Datin Paduka Zaitoon Dato’ Othman Oon Kheng Dato’ Dr Michael Yeoh Dato’ Haji Khalid Ibrahim Puan Hashimah Nik Jaafar Dec 15 Date of Meeting th 106 Meeting of meeting 12. No Serial No.

217

APPENDIX IX CERTIFICATE OF THE AUDITOR GENERAL ON THE FINANCIAL STATEMENTS OF HUMAN RIGHTS COMMISSION OF MALAYSIA FOR THE YEAR ENDED 31 DECEMBER 2008

APPENDIX IX - SUHAKAM AUDITED ACCOUNTS

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