Human Rights Commission of annual report 2019 Human Rights Commission of Malaysia annual report 2019 FIRST PRINTING, 2020

Copyright Human Rights Commission of Malaysia (SUHAKAM)

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Published in Malaysia by HUMAN RIGHTS COMMISSION OF MALAYSIA (SUHAKAM) 11th Floor, Menara TH Perdana 1001 Jalan Sultan Ismail 50250 E-mail: [email protected] URL : http://www.suhakam.org.my

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National Library of Malaysia

Cataloguing-in-Publication Data

ISSN: 1511 - 9521 MEMBERS OF THE COMMISSION 2019

From left: Prof. Dato’ Noor Aziah Mohd. Awal (Children’s Commissioner), Dato’ Seri Mohd Hishamudin Md Yunus, Datuk Godfrey Gregory Joitol, Mr. Jerald Joseph, Tan Sri Othman Hashim (Chairman), Dato’ Mah Weng Kwai, Datuk Lok Yim Pheng, Dr. Madeline Berma and Associate Prof. Dr. Nik Salida Suhaila bt. Nik Saleh iv SUHAKAM

CONTENTS

CHAIRMAN’S MESSAGE viii

EXECUTIVE SUMMARY xvi

CHAPTER 1 PURSUING THE HUMAN RIGHTS MANDATE 1.1 EDUCATION AND PROMOTION 2 1.2 LAW AND POLICY ADVISORY 31 1.3 COMPLAINTS AND MONITORING 37 1.4 COMMUNICATIONS AND INTERNATIONAL 79 ENGAGEMENT 1.5 COMMEMORATION OF SUHAKAM’S 99 20TH ANNIVERSARY AND 2019 INTERNATIONAL HUMAN RIGHTS DAY CELEBRATION

CHAPTER 2 OFFICE 105

CHAPTER 3 OFFICE 117

CHAPTER 4 OFFICE OF THE CHILDREN’S COMMISSIONER 127

CHAPTER 5 THEMATIC AREAS 5.1 INDIGENOUS PEOPLE 142 5.2 CHILDREN 152 5.3 WOMEN AND GENDER 158 5.4 HUMAN TRAFFICKING 162 5.5 REFUGEES AND ASYLUM SEEKERS 165 5.6 PERSONS WITH DISABILITIES 167 5.7 WORKERS 173 5.8 BUSINESS AND HUMAN RIGHTS 176 5.9 EQUALITY AND NON-DISCRIMINATION 184 5.10 ISLAM AND HUMAN RIGHTS 194 5.11 DEATH PENALTY 202

CHAPTER 6 ADMINISTRATIVE AND FINANCE 205 ANNUAL REPORT 2019 v

APPENDICES

APPENDIX I 218 Press Statements

APPENDIX II 220 List of Activities

APPENDIX III 241 Talks, Meetings, Workshops and Conferences – National

APPENDIX IV 288 Talks, Meetings, Workshops and Conferences – International

APPENDIX V 294 Monthly Meetings – Attendance of SUHAKAM Commissioners

APPENDIX VI 297 Auditor-General’s Certificate on SUHAKAM’s Account

APPENDIX VII 319 Photos of SUHAKAM Officers and Staff

LIST OF ABBREVIATIONS 329

It is heartening to see that “conversations on human rights laws, policies, customs and practices are being discussed in the open and transparently at every level of society ” CHAIRMAN’S MESSAGE viii SUHAKAM

CHAIRMAN’S MESSAGE

The year 2019 was a special year for SUHAKAM, as SUHAKAM celebrated its 20th Anniversary on 9 September and saw the debate of its annual report in Parliament for the first time, an important milestone for SUHAKAM.

The national consciousness and awareness of human rights and the rule of law are higher than they have ever been. It is heartening to see that conversations on human rights laws, policies, customs and practices are being discussed in the open and transparently at every level of society. Such conversations would have been difficult a few years ago, and this could only have been made possible by the cooperation between the government and civil society.

However, 2019 was also a year of many trials and tribulations. Malaysia bore witness to race-baiting statements by senior politicians, the detention of children, a moratorium on the mandatory death penalty only, raids on Shia followers, failure of authorities to stand up for the right to assemble and freedom of expression, as well as the rise of racially- charged rhetoric in the media.

Malaysians have high expectations of the government to advance human rights in the country after more than a Since its year in power. While the people might establishment in be impatient for change, the truth is “ that real change takes time and effort. 1999, SUHAKAM has In this vein, SUHAKAM welcomes the consistently called constitutional amendments, including for the debate of lowering the voting age and introducing its annual report automatic voter registration, as well as in Parliament. the increased momentum regarding It took 20 years the formation of an Independent Police and a change of Complaints and Misconduct Commission Government for this (IPCMC). Work that was suspended for the longest time without progress has to become finally begun to move, though it continues a reality to experience flagging issues that delay its establishment. ” ANNUAL REPORT 2019 ix

Nevertheless, SUHAKAM continues to support efforts by the government to reform policy and legislation related to human rights, and has been involved in the drafting and review of laws related to sexual harassment, discrimination against women, employment, domestic workers and the abolition of the mandatory death penalty, in its capacity as an advisory body to the government. Even so, the pace is rather slow, and SUHAKAM hopes that this work can be prioritised and sped up further.

What has become clear in 2019 is that attitudes towards SUHAKAM and human rights have shifted. SUHAKAM is considered a reputable and credible authority on human rights in the country and received numerous memoranda from civil society organisations and individuals pertaining to human rights abuses throughout the year. SUHAKAM’s work is taken seriously and scrutinised by the media and our civil society partners. Until now, human rights has been low on the list of national priorities but the long list of legal reforms being proposed which directly relate to the civil, political and economic rights of is promising indeed.

Since its establishment in 1999, SUHAKAM has consistently called for the debate of its annual report in Parliament. It took 20 years and a change of government for this to become a reality. The 2018 SUHAKAM Annual Report was debated on 5 December 2019 for the first time, marking a shift in public consciousness about human rights and its place in Malaysian society.

Minister in the Prime Minister’s Department (Law) Datuk began the session by highlighting the work done by SUHAKAM in the past year. He drew special attention to SUHAKAM’s work with the state religious authorities, collaboration with the Ministry of Education in introducing human rights education in schools, and advice regarding legal policies related to refugees. He spoke on the investigation into the disappearances of Pastor and . He said that the outcome of the investigation, as well as the national conversation surrounding it, can encourage future cooperation with the government to push Malaysia towards the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED).

The Minister also highlighted the issue of children’s rights, including child marriage, abuse and sexual exploitation of children, which impacts their access to education, health, equality and non-discrimination. x SUHAKAM

The Parliamentarians picked up on a number of issues highlighted by the Annual Report, including children’s rights, women’s rights, equality and non-discrimination, poverty, statelessness, refugees and asylum seekers, persons with disabilities, workers, LGBT, victims of human trafficking, Orang Asli/Asal and their land rights, victims of enforced disappearances, security laws, SUHAKAM’s involvement in law reform and advisory role, SUHAKAM’s investigations, inquiries and reports, and the strengthening of its structure to comply fully with the Paris Principles.

It is also extremely encouraging to hear that many Parliamentarians believe SUHAKAM should be fully supported, funded and empowered to effectively execute its mandate as an independent national human rights institution (NHRI).

In recognising the critical nature of the improvement of the rights of children in Malaysia, SUHAKAM also welcomed the appointment of Malaysia’s first Children’s Commissioner, Prof. Dato’ Noor Aziah Mohd. Awal, whose work and mandate is fully supported by SUHAKAM.

Our work in investigating complaints of human rights violations was also in the spotlight in 2019, as SUHAKAM submitted to the government the report of the Public Inquiries into the Enforced Disappearances of Pastor Raymond Koh and activist Amri Che Mat. These inquiries and subsequent public pressure pushed the government into forming a special SUHAKAM task force to further investigate the played host to a enforced disappearances. “ contingent from the Regional SUHAKAM also conducted a joint Human Rights investigation with the NGO Fortify Rights on the mass graves discovered Commission (RHRC) in Wang Kelian and made its report of the Bangsamoro publicly available. Entitled ‘Sold Like Autonomous Region Fish’, it details the findings relating to of the Philippines, the human trafficking camp and its who expressed an victims. This led to the formation of a interest in modelling Royal Commission of Inquiry (RCI) on our structure Wang Kelian. As of the end of 2019, the and work work of the RCI is still in progress. ” ANNUAL REPORT 2019 xi

This recognition shows that our work is important in upholding justice in cases of possible human rights violations, particularly in instances where authorities may be involved, and the cooperation of the government in ensuring that such cases are investigated is vital to the improvement of the nation’s human rights record. Though we maintain a smart partnership with the government, SUHAKAM keeps a close eye on the commitments made by the government and issues statements that publicly express SUHAKAM’s official position pertaining to human rights, as per our mandate and powers spelt out under the Human Rights Commission of Malaysia Act 1999.

Additionally, SUHAKAM has not shirked its duties and continues to execute its mandate through its core programmes: SUHAKAM Bersama Masyarakat (SBM) engagements were held with rural and marginalised communities, ranging from fishermen to farmers, throughout the country; schools participating in the Human Rights Best Practices (HRBP) module, which was developed for primary and secondary school students, increased from 222 schools to 468; and SUHAKAM’s “Judicial Colloquium on Applying International Human Rights Principles/Norms in Judicial Processes” was officiated by then Chief Justice Tan Sri Datuk Seri Panglima Richard Malanjum on 23 March 2019 and attended by more than 100 judges.

Awareness and understanding of human rights as something that is universal is progressing well among Malaysians. There are still diverse views on the total abolition of the death penalty or the ratification of the Convention Against Torture (UNCAT) and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), all of which SUHAKAM wholly supports and will continue to advocate for. SUHAKAM paid special attention to UNCAT in 2019, by organising a Regional Dialogue together with the commissioning of cartoons on UNCAT by prominent local cartoonists as part of a project that was funded by the European Union. There is much work that is still required to educate Malaysians on the reality of human rights and human rights work.

Nevertheless, SUHAKAM has indeed made strides nationally, regionally and internationally. SUHAKAM signed a Memorandum of Understanding (MoU) on issues related to statelessness in Sabah with the National Human Rights Commission of Indonesia (KOMNAS HAM) with The Commission for Human Rights of the Philippines (CHRP) as an observer. SUHAKAM also signed an MoU with the National Human Rights Commission of Nepal (NHRCN) on the issue of migrant workers. xii SUHAKAM

SUHAKAM played host to a contingent from the Regional Human Rights Commission (RHRC) of the Bangsamoro Autonomous Region of the Philippines, who expressed an interest in modelling our structure and work. This is a matter of pride for SUHAKAM, as it signals that we are an institution that is also respected internationally and one that others seek to emulate.

The Asia Pacific Forum (APF), the Commonwealth Forum on National Human Rights Institutions (CFNHRI) and the Southeast Asia National Human Rights Institutions Forum (SEANF) are regional networks in which SUHAKAM holds membership and actively participates through various meetings and workshops, intended not only to engage fellow network members regarding human rights within the country, but also to build and increase the capacity of the officers of SUHAKAM to be better prepared to understand and undertake the ever-evolving field of human rights work.

In 2019, Global Alliance of National Human Rights Institutions (GANHRI) paid special attention to the implementation, follow up and review of the Global Compact for Migration which had been adopted by the UN General Assembly in the previous year. Migration is multidisciplinary and cuts across many other human rights areas that SUHAKAM works on, including the detention of children, the status of refugees, the rights of migrant workers and statelessness. The APF Biennial Conference examined the role of NHRIs to counter hate, prejudice and discrimination where SUHAKAM spoke about migrants, SUHAKAM xenophobia, equality and non- will continue to discrimination. In addition to the MoUs “ advocate for the signed on the issues of statelessness ratification of the in Sabah and of migrant workers, remaining six SUHAKAM plans to deepen our work on this particular area. international human rights instruments SUHAKAM is also an active participant and the withdrawal in United Nations mechanisms. of all reservations As an ‘A’-status NHRI, SUHAKAM of treaties already issued 4 intervention statements acceded to during the 40th and 42nd Sessions of the Human Rights Council on the adoption of Malaysia’s UPR ” ANNUAL REPORT 2019 xiii

Working Group Report and the reports of the visits by the Special Rapporteurs on the Sale and Sexual Exploitation of Children in the Field of Cultural Rights, and on the Human Rights to Safe Drinking Water and Sanitation.

SUHAKAM also submitted its own report to the Special Rapporteur on Extreme Poverty and Human Rights coinciding with his visit to Malaysia.

As part of our advocacy work, SUHAKAM has always supported standing invitations to Special Procedures to come to Malaysia for the purpose of assessing and receiving recommendations on how the country can improve its record and human rights standing. SUHAKAM notes with satisfaction that, following Malaysia’s 3rd Universal Periodic Review (UPR) in 2018, the Ministry of Foreign Affairs has agreed to issue a standing invitation to all Special Procedures for this very purpose.

SUHAKAM has come a long way since it was first established in 1999. And there is still much work to be done. SUHAKAM will continue to advocate for the ratification of the remaining six international human rights instruments and the withdrawal of all reservations to treaties already acceded to. SUHAKAM also seeks to expand its promotional work across all sectors of society and throughout the entire country.

Even so, we must take the time to recognise what the people of Malaysia and we have achieved together, not just over the past 20 years but in 2019 alone. Human rights work is a herculean task, but we have succeeded in shedding light nationally on topics that would not normally have been given much focus. The discussion on what human rights is and what it means to Malaysians is livelier than ever. SUHAKAM has worked tirelessly to improve the promotion and protection of human rights across many different areas and disciplines with a diverse array of partners. SUHAKAM is fully committed to working with the government and other stakeholders to improve the human rights situation in Malaysia. I look forward to a future where human rights are respected and practised by all Malaysians.

Tan Sri Othman Hashim

EXECUTIVE SUMMARY xvi SUHAKAM

EXECUTIVE SUMMARY

The year 2019 was a milestone, with SUHAKAM charting the 20th year of its founding and establishment. The Human Rights Commission of Malaysia (SUHAKAM) has come a long way since Parliament gazetted the Human Rights Commission of Malaysia Act 1999 (Act 597) on 9 September 1999.

A notable highlight of the year, and a timely 20th anniversary gift for SUHAKAM, was the parliamentary debate of the 2018 SUHAKAM Annual Report for the first time, on 5 December 2019. Parliamentarians, as representatives of their constituents, bear a responsibility to recognise and acknowledge human rights issues that exist, and to use the power of their office to seek effective and permanent solutions.

SUHAKAM welcomed the ninth batch of Commissioners midway through the year, with Tan Sri Othman bin Hashim as the incoming Chairman for the period 2019 – 2022. Not long after, a Children’s Commissioner (CC) joined the eight core members on 23 August 2019.

Prof Dato’ Noor Aziah Mohd Awal’s work as CC focuses on the promotion and protection of children’s rights. These rights include the rights of indigenous children, those who are migrants, refugees, undocumented, stateless and children with disabilities, which are all underpinned by the United Nations Convention of the Rights of the Child.

Recognising that education is the most effective way to nurture future generations who understand, and therefore will promote and protect human rights as a matter of principle, SUHAKAM worked to strengthen its cooperation with the Ministry of Education. SUHAKAM focused on developing the Civic Education Module and providing input in the review of the National Education Policy. SUHAKAM recommends that the National Education Policy should include human rights education as a means to achieve the aspirations of the policy. At the same time, the Human Rights Best Practices in Schools Programme expanded from an initial 222 schools with the addition of another 246 schools from throughout Malaysia in 2019. SUHAKAM initiated talks with the Institutes of Teacher Education Malaysia to incorporate human rights knowledge in the syllabus for teachers from the year 2020. ANNUAL REPORT 2019 xvii

SUHAKAM hosted a Regional Dialogue on The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) in July. The project was funded by a European Union (EU) grant. The dialogue aimed at facilitating the sharing of best practices and lessons learnt from its implementation among relevant ASEAN and OIC member states, presented by regional and international experts. SUHAKAM will continue to facilitate and pave the way forward, in anticipation of the eventual accession of UNCAT SUHAKAM by Malaysia. “also engaged with rule of law Several Ministries consulted and institutions, invited SUHAKAM to serve as members including of various committees to draft and the judiciary, make recommendations on new bills or laws to be amended. They government include sexual harassment, gender agencies and equality, employment laws, and a civil society study on alternatives to the death organisations penalty. SUHAKAM consistently made (CSOs) to partake recommendations for law reforms in and exchange accordance with international human views on law rights standards. In the second half of 2019, SUHAKAM participated in reform and several consultations convened by the human rights Minister in Prime Minister’s Department (Law), YB Datuk Liew Vui Keong, and ” submitted recommendations on a draft Independent Police Complaints of Misconduct Commission (IPCMC) Bill. SUHAKAM also engaged with rule of law institutions, including the judiciary, government agencies and civil society organisations (CSOs) to partake and exchange views on law reform and human rights. xviii SUHAKAM

SUHAKAM welcomes the appointment of the new Chief Justice of Malaysia, The Right Honourable Tan Sri Tengku Maimun Tuan Mat, who expressed her support for continuous engagement with judges and judicial officers on human rights issues. SUHAKAM would like more working engagements in terms of reviewing and drafting laws, especially those concerning human rights, and ideally from the early stages of any legislative process.

Since 2016, SUHAKAM has advocated for the establishment of a Custodial Medical Unit (CMU), which will operate as a mobile clinic and manned by trained medical staff on site. As a result of positive engagement with the (PDRM), the CMU programme is expected to be established at five centralised lockups in early 2020. In addition,SUHAKAM also collaborated with the Prisons Policy Division to undertake a thorough review and reform of the prison management system, policies and practices, including compliance with minimum standards of detention following international standards such as the Nelson Mandela Rules.

SUHAKAM completed its Public Inquiry (PI) into the disappearance of Pastor Raymond Koh and Amri Che Mat, in December 2018. Following the announcement and release of the PI report, the Ministry of Home Affairs proceeded to form a Special Task Force to Investigate the disappearance of both individuals.

On 14 March 2019, Malaysia’s Working Group Report for the Third UPR was considered and adopted at the 40th Regular Session of the Human Rights Council. Of the 268 recommendations, Malaysia fully accepted 147 recommendations, partially accepted 37 and noted the remaining 84 recommendations. Having accepted all of the 11 UPR recommendations on People with Disabilities, the community anticipates these shall be translated into reality soon, especially on access to education, healthcare and more disabled-friendly facilities.

The main issues in Sabah relate to land matters, citizenship, and identification and/or personal legal documents. SUHAKAM has made recommendations to the authorities and sought to identify best possible solutions for various complaints received, as well as advocating for policy improvements generally. As part of SUHAKAM’s effort to find permanent solutions on statelessness, SUHAKAM signed a Memorandum of Understanding with Komnas HAM (Indonesian National Human Rights Institution) in April, which will enable the two NHRIs to assist each other across national borders. ANNUAL REPORT 2019 xix

Owing to many years of active advocacy and constant engagement with the Sabah Government, specifically the Land and Survey Department, there seemed to be notable improvements in terms of Native Customary Rights and land issues. SUHAKAM looks forward to seeing more positive changes on this front shortly.

Citizenship issues formed the majority of complaints received by the Sarawak office. They mainly relate to children’s citizenship, late registration of births or Recurrent identification cards for residents in rural issues faced areas, as well as children whose mothers “ by the Orang are foreigners. SUHAKAM welcomed Asli community the amendment of the Land Code in include the lack 2019. It is vital to have fairer land laws to obviate the injustice suffered by natives of access to clean who lack access to knowhow and the water, the opening law but are forced into litigation to claim of plantations their rights. This will pave the way for surrounding their Sarawak natives to proceed with more settlements and clarity and confidence in claiming their land encroachment, NCR rights, instead of undergoing the and difficulty in test of a judicial examination. accessing health Recurrent issues faced by the Orang and education Asli community include the lack of services for access to clean water, the opening children of plantations surrounding their settlements and land encroachment, ” and difficulty in accessing health and education services for children. SUHAKAM continued to engage with the Government, Minister in the Prime Minister’s Department (National Unity and National Wellbeing) YB Senator Waytha Moorthy Ponnusamy and JAKOA to seek permanent solutions to issues that affect the Indigenous xx SUHAKAM

Peoples (IP), especially in light of several tragic events, including the deaths of some indigenous people. SUHAKAM would also like to highlight that villagers often raise issues of access to clean water during the SUHAKAM Bersama Masyarakat events held at various rural areas throughout Malaysia.

SUHAKAM carried out a number of visits to immigration detention centres and observed that these sites were unsuitable and lacked facilities to cater for children’s needs. SUHAKAM and CSOs advocated the need to identify and implement alternatives to detention of children. SUHAKAM recommended that SOPs which relate to the detention of children should be improved, and to pilot a project whereby these children are placed within community care and civil society-run shelters.

There were several reports of incidents related to tahfiz schools throughout the year, including the death of students in a fire and allegations of physical and sexual abuse. SUHAKAM visited some tahfiz schools to understand their problems. SUHAKAM also approached the state religious department to organise human rights workshops for tahfiz schools administrators. SUHAKAM also raised issues relating to tahfiz schools during meetings with Minister in the Prime Minister’s Department (Religion), YB Datuk Seri Dr. , JAKIM and state religious authorities.

Child marriage is still an alarming issue in Malaysia. Aside from the call for the Government to raise the minimum statutory age of marriage for both men and women to 18 years, SUHAKAM also urged the Government to tackle the root causes of the issue, including increasing children’s awareness and education of their rights. There is also a need to conduct effective awareness programmes on sexual and reproductive health for the wider public.

SUHAKAM embarked on a study on discrimination against transgender persons based in Kuala Lumpur and Selangor. The findings were published in March 2019. It is SUHAKAM’s view that the rights and dignity of the transgender community is no different from members of all other communities. They should be respected and protected from discrimination, harm and violence, regardless of their sexual orientation.

SUHAKAM collaborated with Fortify Rights to publish the report, ‘Sold Like Fish’. The report focuses on crimes perpetrated by human ANNUAL REPORT 2019 xxi traffickers against Rohingya refugees in the sea and human trafficking camps in both Malaysia and Thailand. Survivors of these atrocities in Malaysia deserve protection under Malaysian law as survivors of human trafficking. It remains to be seen whether the Royal Commission of Inquiry on Wang Kelian, established by the Ministry of Home Affairs, will be able to identify the perpetrators and justice will be served accordingly.

SUHAKAM conducted a consultation to obtain views from relevant stakeholders and consequently made a submission to the Ministry of Human Resources, specifically on the issue SUHAKAM of protection for jobseekers against provided advice discrimination which was being “ withdrawn from the Employment and input on the Act (EA). SUHAKAM issued a press initiation and statement, stating that removing the development of jobseekers protections from the EA a NAPBHR amendments would allow for pre- for Malaysia employment discriminatory practices to continue. SUHAKAM recommends ” that the prohibition on discrimination under Article 8(2) Federal Constitution be upheld.

After Minister in the Prime Minister’s Department (Law) YB Datuk Liew Vui Keong announced that Cabinet had decided that all human rights matters, including the development of the National Action Plan on Business and Human Rights (NAPBHR), be placed under his ministerial portfolio, SUHAKAM provided advice and input on the initiation and development of a NAPBHR for Malaysia. xxii SUHAKAM

SUHAKAM reiterated its position for the repeal of the Sedition Act 1948. SUHAKAM also recommended the reinstatement of the agenda to reform laws and enforcement regulating hate speech and to comply with international human rights standards. This would ensure better respect and protection of the right to free speech as guaranteed under Article 10 of the Federal Constitution and Article 19 of the Universal Declaration of Human Rights.

SUHAKAM supports the initiatives undertaken by the Minister in the Prime Minister’s Department for Religious Affairs with the introduction of Rahmatan lil ‘Alamin and Maqasid Syariah, both of which stress the same global principles underscored for the promotion and protection of human rights. Nonetheless, SUHAKAM recognises that there is a need for further improvements in policy and administration, to strengthen public comprehension in the positive relationship between Islam and human rights in Malaysia.

SUHAKAM welcomed the government’s decision to abolish the mandatory death penalty for 11 offences under the Penal Code and the Firearms (Increased Penalties) Act 1971. SUHAKAM views this, as a step in the right direction towards the total abolition of the death penalty in this country. SUHAKAM Commissioner Dato’ Mah Weng Kwai was appointed as a member of the special committee to study and make recommendations to the Minister on alternative punishments to the death penalty and transitional measures for current death row prisoners. SUHAKAM conducted a stakeholder consultation in October to obtain views from relevant stakeholders and submitted the findings to the Law Minister.

SUHAKAM receives an annual grant from the government under the Human Rights Commission of Malaysia Act 1999. Financial limitations with regard to staffing and programmes prevent SUHAKAM from undertaking or delving into a broader range of human rights issues. Taking into account the increasing demands in terms of delivering its four mandates, by and with the government, civil society and the public, there is an urgent need for the annual grant to increase in tandem.

In conclusion, SUHAKAM urges the Malaysian Government to commit to accepting more recommendations, particularly those related to the accession of the six remaining core human rights treaties and withdrawal of all reservations to the conventions which it has ratified. ANNUAL REPORT 2019 xxiii

SUHAKAM reiterates its call to establish a Permanent Inter-Ministerial Tracking System for effective coordination on human rights issues.

Many quarters including from the Ministries, Parliamentarians and their committees, CSOs, UN agencies and Special Rapporteurs, international organisations, and ASEAN through the AICHR, have increasingly sought to engage with SUHAKAM on many fronts. Considering the broad scope of human rights issues and a growing population, which correlates with increasing human rights violations, SUHAKAM welcomes these collaborations mainly to achieve SUHAKAM common objectives. “reiterates its call to establish a SUHAKAM urges the government, all politicians and parliamentarians Permanent Inter- to avoid using ‘human rights’ as a Ministerial Tracking tool for political gains, but rather as System for effective an approach to right what is wrong, coordination on and as a discourse to strive for a just, human rights respected, equitable and sustainable issues society where no one is left out of the equation. ”

CHAPTER 1 PURSUING THE HUMAN RIGHTS MANDATE 2 SUHAKAM

1.1 EDUCATION AND PROMOTION

OVERVIEW

SUHAKAM continues to create and enhance public awareness and provides capacity building programmes for various sectors and levels in Malaysia. SUHAKAM also achieved several positive advancements in respect of its vision for human rights to be taught and practised in schools.

The Human Rights Best Practices (HRBP) in Schools Programme was expanded to 246 schools all over Malaysia, bringing the total number involved to 468 schools. In addition, SUHAKAM, together with the Ministry of Education (MOE), jointly developed and launched two human rights modules each for UPSR and PT3 pupils. SUHAKAM was also involved in the MOE review of the National Education Policy. It engaged with local training institutes, universities, private sector, government and enforcement agencies. These meetings resulted in the development and implementation of numerous human rights training of trainers’ sessions, capacity building workshops, human rights camps and campaigns, and training modules. Also, SUHAKAM strengthened its engagements and partnerships with religious authorities to improve public knowledge of the intertwining principles in religion and human rights.

SUHAKAM continues to reach out to the grassroots and vulnerable populations through the SUHAKAM Bersama Masyarakat (SBM – meet the people programme) platform in which SUHAKAM is able to interact directly with communities of various backgrounds such as the indigenous peoples, farmers, plantation workers, fishermen and persons with disabilities. Aside from raising public awareness of SUHAKAM, the sessions provide opportunities for SUHAKAM to receive and respond to queries and complaints on alleged human rights violations faced by them. ANNUAL REPORT 2019 3

A. EDUCATION AND TRAINING CHAPTER 1 1. Review of the National Education Policy

On 5 March, SUHAKAM submitted its proposals for a review of the National Education Policy (NEP) to the Committee reviewing the NEP, headed by Emeritus Professor Datuk Dr. Ibrahim Bajunid.

Commissioner Datuk Lok Yim Pheng, who represented SUHAKAM at the meeting with the Committee, presented a proposal which focused on the following four main areas: i. That human rights education be one of the objectives of the policy; ii. That a Human Rights Policy be introduced, particularly in the administration and management of MOE; iii. That Human Rights education be in the co-curriculum and curriculum at all levels; and, iv. That the administration of school discipline is in line with human rights principles.

After the Committee submitted its report to then Education Minister Dr. Maszlee Malek in May 2019, MOE organised several laboratory sessions to detail the implementation of the Committee’s recommendations. SUHAKAM participated in the sessions from 6 to 29 November, giving its input concerning human rights for the improvement of the NEP.

SUHAKAM learnt during the laboratory sessions that MOE had improved the Malaysian Teachers’ Professional Code of Conduct to become Malaysia Teachers’ Ethics (MTEs) in which respect of human rights has been recognised as one of the teachers’ ethics. The new MTEs is a guideline for teachers in government and private schools. Next year, MOE will formulate the Malaysia Teachers’ Code of Ethics based on the MTEs to ensure compliance by teachers. The MOE’s initiative is commendable, and SUHAKAM is willing to provide any support MOE needs in the drafting and implementation of the Malaysia Teachers’ Code of Ethics. 4 SUHAKAM

2. The Introduction of Civic Education in Schools

SUHAKAM applauds MOE’s efforts in re-introducing civics education at the pre-school, primary and secondary school levels through Civic Education Exemplar Modules as well as a Manual on Civic Consciousness and Practising Good Values during Assembly, throughout the year. During the Civic Focus Group discussions held on 5 and 26 March, SUHAKAM gave its comments on the draft Exemplar Modules. SUHAKAM’s representatives led by Commissioner Associate Professor Dr. Nik Salida Suhaila Nik Saleh relayed SUHAKAM’s comments and suggestions, inter- alia on the correct interpretation of rights and duties and information regarding the international human rights conventions. They also shared SUHAKAM’s materials on human rights. Apart from that, MOE’s Islamic Education Department, which is in charge of developing the Manual on Civic Consciousness and Practising Good Values during Assembly consulted with SUHAKAM on 3 January. The National Civic Education programme was then implemented in schools starting in June.

On 13 August, Prime Minister Tun Dr. Mahathir Mohamed launched the National Civic Education programme and SUHAKAM was honoured to be invited to witness the event. It was further encouraging to discover that some of SUHAKAM’s informative materials and inputs were now in the modules as references and reading materials.

Teachers joyfully demonstrating the ‘Jaringan Kasih’activity from the Post PT3 Human Rights Module during the Training of Trainers on the module for the central region. ANNUAL REPORT 2019 5

On 27 November, SUHAKAM met with the Institute of Teacher

Education (IPG) to ensure that future teachers have the requisite CHAPTER 1 human rights knowledge, in keeping with the then Education Minister’s aspirations. At the meeting, it was mutually agreed that SUHAKAM be engaged in the review of IPG’s syllabuses early next year. The IPG also agreed to cooperate in developing a human rights module for the educators.

3. HUMAN RIGHTS BEST PRACTICES (HRBP) IN SCHOOL WORKSHOP AND TRAINING OF TRAINERS ON POST FORM 3 ASSESSMENT (PT3 - PENTAKSIRAN TINGKATAN 3) / PRIMARY SCHOOL ASSESSMENT TEST (UPSR - UJIAN PENILAIAN SEKOLAH RENDAH) HUMAN RIGHTS MODULES

In 2019, MOE consented to another 246 schools from all over Malaysia joining the Human Rights Best Practices (HRBP) in schools programme, in addition to the existing 222 schools. SUHAKAM and MOE co-organised six workshops on HRBP to equip and update teachers from the new and existing schools, respectively, with knowledge of human rights and the HRBP programme. The teachers were also trained in the implementation of the Post PT3/UPSR Human Rights Modules. The regional workshops were as follows: i. Southern region (, , Melaka) from 2 - 4 July in Melaka ii. Central region (Selangor, Kuala Lumpur, ) from 15 – 17 July in , Selangor iii. Northern region (, , Pulau Pinang, ) from 22 – 24 July in Pulau Langkawi, Kedah iv. Eastern region (, , ) from 6 – 8 August in Kuala Terengganu, Terengganu v. Sarawak from 18 – 20 September in vi. Sabah from 24 – 26 September in Kota Kinabalu

Most participants were Assistant Principals in-charge of Student Affairs. The main objectives of the workshops and Training of Trainers (ToT) were to equip the participants with human rights knowledge; to plan the activities to be implemented under the HRBP Programme in their respective schools; to empower the participants to implement the Post PT3 / UPSR Human Rights Module for students; and, to appoint the participants as Principal Trainers (PT) for HRBP programmes at the district level. 6 SUHAKAM

There were four sessions in the workshop namely Introduction to Human Rights and SUHAKAM; Introduction to HRBP in schools; and, Introduction to the Convention on the Rights of the Child (CRC). The MOE delivered the fourth session, on school discipline. In the ToT, participants were divided according to secondary and primary schools. They had to demonstrate how they would implement the activities in the modules, coupled with explanations based on their understanding of the CRC. In order to gauge the effectiveness of the workshops, the teachers took pre and post tests pertaining to human rights, the CRC and HRBP.

Figure 1: Participants’ Pre and Post Tests Average Scores by Workshop

100% Pre-Test Post-Test 90% 80% 80% 80% 79% 79% 72% 72% 70% 60% 60% 55% 55% 56% 56% 52% 50%

40%

30%

20% Average Score in Percentage Score Average

10%

0% Southern Region Central Region Northern Region Eastern Region Sabah Sarawak Workshop

Figure 1 shows the average score of participants for each of the six workshops. The results show that the teachers had a basic knowledge of human rights before participating in the workshop. After attending the workshops, their knowledge increased between 10% -30%.

The participants gave positive feedback to the workshops, and they also suggested SUHAKAM organise sharing sessions among participants as a follow-up next year. Some suggested that such workshops be held once or twice a year. Participants raised the matter of financial constraints in implementing the HRBP programme in schools, including implementing the Post PT3 / UPSR Human Rights Module as some of the activities required the preparation of materials by teachers. ANNUAL REPORT 2019 7 CHAPTER 1

SUHAKAM Commissioners with some of the children who presented copies of the Human Rights Module to them and the MOE before it was launched by MOE’s Director of School Management Division, Dato’ Mohd Jamil Mohamed, in conjunction with the International Human Rights Day celebration on 10 December.

4. Training of Trainers for UNISEL Lecturers

The Memorandum of Understanding (MoU) signed between SUHAKAM and Universiti of Selangor (UNISEL) in 2017 provided for, among others, the introduction of a human rights course for UNISEL students as an elective subject.

To ensure that the lecturers have sufficient human rights knowledge, SUHAKAM conducted a Training of Trainers (ToT) course for about 20 lecturers from UNISEL’s Faculty of General Studies at its campus from 26 - 27 February. The ToT was officiated by Commissioner Datuk Lok Yim Pheng and followed by a session on the ‘Introduction to Human Rights and the role of SUHAKAM’, ‘International Human Rights Treaties’, ‘Human Rights in the context of Malaysia’ and current human rights issues. The 2-day ToT ended with a visit to the Bukit Jalil Immigration Detention Centre to expose the participants to the reality of being held in a detention centre and the relevant human rights aspects.

It was interesting to note that UNISEL started offering the human rights course in April 2019, and 34 diploma students were the first batch to take the course during the year. 8 SUHAKAM

5. Human Rights Workshop for Administrators of Tahfiz Schools

The Human Rights Workshop for the Administrators of Tahfiz Schools in the Federal Territory of Kuala Lumpur from 3 – 4 December 2018 was a success. As such, SUHAKAM collaborated with the Selangor Religious Department (JAIS) and Persatuan Institusi Tahfiz Al-Quran Negeri Selangor (PITAS - Selangor Tahfiz Institutions Association) to conduct a similar workshop for tahfiz school administrators in Selangor from 22 – 23 April 2019 in Shah Alam.

Sixty administrators of tahfiz schools in Selangor attended the six sessions in the workshop which included ‘Introduction to SUHAKAM and Human Rights’ and ‘Introduction to the Convention on the Rights of the Child’ by SUHAKAM; ‘Building Safety Aspects’ by Selangor Fire and Rescue Department; ‘Health Aspects for Private Tahfiz Schools’ by the Selangor Health Department; ‘Excellent Tahfiz Administrator’ by PITAS; and, ‘Registration of Private Tahfiz Schools’ by JAIS.

Among the matters raised by the participants were:

a. The difficulty in registering their schools with the religious department for several reasons such as complicated registration procedures; the inability to fulfil the requirements set by the local council, in particular, concerning the land status; and objections by some local communities against the setting up of tahfiz schools in their respective area; and b. The bullying incidents in tahfiz schools and the need for the relevant authorities to provide financial assistance to install CCTVs in the schools, as well as developing a Standard Operating Procedure (SOP) to address the bullying problem.

6. Human Rights workshop for JAKOA Officers

SUHAKAM organised a Human Rights Workshop in that was funded under the European Union grant from 28 April to 30 April 2019. The 3-day programme was attended by 49 JAKOA officers. It was aimed at increasing awareness and strengthening the understanding of human rights among JAKOA officers. The workshop also served as a platform for participants to impart, receive and exchange views and knowledge on human rights matters. Dr. Juli Edo, the new JAKOA Director General, attended the workshop. ANNUAL REPORT 2019 9

There were eight sessions in total. The first five covered “An Introduction to

SUHAKAM”, “Introduction to Human Rights, UDHR and Core International CHAPTER 1 Human Rights Instruments”, “Indigenous People’s Rights based on the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)”, “Introduction to the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW)”, and “Introduction to the Convention on the Rights of the Child (CRC)”. The remaining sessions involved participants talking about the challenges they faced; a case study which was aimed at enhancing the application of human rights principles by JAKOA officers when dealing with Orang Asli matters; and a screening of a short film centred on Orang Asli issues.

During the workshop, participants raised concerns regarding the interchangeable use of the term “Orang Asli” and “Orang Asal”. They highlighted that this misconception is prevalent amongst members of the public as well as certain government agencies, and in turn led many to perceive that JAKOA is responsible for the affairs of the Orang Asal communities in Sabah and Sarawak. They then stressed the importance of identifying as well as making known the specific agency or body responsible for overseeing the affairs of the Orang Asal community to avoid this confusion in future.

In summary, the participants were curious, cooperative and engaging, which led to this programme being a success. It garnered significant positive feedback from participants. SUHAKAM plans to conduct similar workshops with JAKOA soon.

7. Human Rights Workshop for National Drug Agency (NADA) Enforcement Officers

SUHAKAM successfully organised a Human Rights Workshop for the directors of NADA’s rehabilitation centres in 2018. During that workshop there was a suggestion by participants that such workshops also be conducted for NADA enforcement officials. Following that, SUHAKAM met with NADA’s Deputy Director General (Operation), Dato’ Izhar Bin Abu Talib, on 24 April 2018. That meeting resulted in a collaboration on a series of human rights workshops for NADA enforcement officials. As a result, a three-day Human Rights Workshop for NADA Enforcement Officers in the Eastern region was successfully held from 23 to 25 September at , Pahang. The 39 participants consisted of heads of NADA’s Enforcement division at district and state offices and officers-in-charge of lock-ups in Kelantan, Terengganu and Pahang. 10 SUHAKAM

The workshop aimed to increase NADA officials’ understanding and expertise in human rights. They shared information on international human rights standards. They discussed policy, the facilities, welfare as well as the challenges faced by NADA - which can be stumbling blocks to respecting human rights in law enforcement. They also identified steps to enhance human rights practices among NADA officers.

Apart from discussing the rights of detainees, the participants took the opportunity to underscore several critical issues concerning their rights, for example, the safety of NADA enforcement officers conducting raids and arrests. They do not have safety gear such as bulletproof vests and batons, etc. The officers also have to multitask because of a shortage of manpower at the district offices. They also touched on the need for better facilities such as a proper office, detention room, printer, CCTV, file room and official cars.

SUHAKAM wrote to the NADA Director General in December highlighting the issues raised by the participants. SUHAKAM urged NADA to ensure the right of NADA enforcement officials to a safe working environment with proper facilities, in accordance with Article 23 of the Universal Declaration of Human Rights (UDHR) and Article 7 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

8. Human Rights Workshop for District Criminal Investigation Division Chiefs in the Eastern Region

Participants of the workshop and SUHAKAM trainers/secretariat after the close of the workshop. Also present was SAC Azmi Bin Adam (front row, in the middle), Principal Assistant Director of Training Division, Bukit Aman’s Management Department. ANNUAL REPORT 2019 11

Following a positive response from participants at the “Human Rights

Workshop for District Police Officers in charge of Criminal Investigations CHAPTER 1 (OCCIs)” in the Central and Northern region of as well as in , SUHAKAM conducted a similar workshop in the Eastern Region (Kelantan, Pahang and Terengganu). The workshop was held from 4 to 6 November in Kuala Terengganu and was attended by 40 OCCIs. The workshop focused on the use of force in law enforcement agencies, death in detentions and human rights principles.

During the workshop, the participants highlighted that many Investigating Officers (IOs) work with insufficient and inadequate equipment, for example, laptops, printers and paper, and official police cars etc., - and contend with the high expectations of the force’s top leaders and the public. This situation puts pressure on the IOs and could affect their performance. As such, they suggested SUHAKAM look into this matter in addressing the violation of human rights in the enforcement of laws.

The participants’ understanding/knowledge of human rights was gauged pre- and post-workshop. There was a marked difference between the before and after scores. The average pre-workshop score for correct answers was 75.2 %. Whilst their post-workshop score was an average of 93.4%. Throughout the workshop, the participants showed interest and engaged with the speakers. The workshop provided a platform for SUHAKAM and the participants to exchange views on human rights and policing.

9. Human Rights Education Programme at Universiti Utara Malaysia (UUM)

On 15 October, SUHAKAM organised a Human Rights Education Programme at Universiti Utara Malaysia (UUM) as part of the activities under its 2-year-MoU with UUM. The objectives of the programme were to enlighten the students on human rights and to provide a platform for them to discuss the roles that they can play in promoting and protecting human rights. There were 70 from UUM’s School of International Studies (SoIS), 10 Form Four students from SMK Bandar Baru Sintok and 10 Form Six students from SMK Changlun in the programme.

The programme was divided into two parts namely a briefing on SUHAKAM and human rights, and a group discussion. The students were asked to discuss their roles as students in promoting and protecting human rights. Each group then presented the outcomes of their discussion. The students suggested utilising social media platforms such as Twitter and 12 SUHAKAM

Instagram to promote human rights, especially to their followers. They said they could be vigilant of human rights abuses and report them to the authorities and SUHAKAM. They added that they could elect pro- human rights leaders or representatives; educate youngsters on human rights through social responsibility programmes; and, form human rights clubs in their schools and universities.

The students shared their opinions during the discussion and answered the questions posed by the speakers. Among the issues they raised were the Malaysian government’s stance on the death penalty and corporal punishment, and freedom of religion. They also touched on the measures taken by the United Nations (UN) on countries that violated human rights and the ineffectiveness of the UN system.

10. Invitation to deliver human rights talk and training

In 2019, SUHAKAM received several invitations from government agencies and other organisations to deliver talks and training on specific and general human rights topics. The details of the sessions are as in the Table 1.

Table 1: List of ad-hoc human rights talks and training in 2019 No. Topic Date Venue 1. Half-day human rights 23 January Sime Darby Office, talk to Sime Darby officers , organised by Sime Darby. Selangor. 2. Human Rights training for 29 January Penor Prison, prison officials at Penor , Pahang. Prison organised by Penor Prison. 3. Human Rights talks on ‘The 19 February Police Training Roles of the Commission Centre, Kuala in Human Rights issue in Lumpur. Malaysia’ and ‘Current Human Rights Issues’ for the Police Basic Training Programme under the Inspector Cadet Basic Course No. 4, series 3/2018 organised by Royal Malaysia Police. ANNUAL REPORT 2019 13

No. Topic Date Venue

4. Human Rights and 13 March Salcon Office, CHAPTER 1 Corruption Seminar for , Salcon Engineering Bhd. Selangor. organised by Salcon Engineering. 5. One-day Human Rights 3 April Training Centre Training under the Basic for Prison Officers Certificate Course on Prison (PULAPEN), Taiping, Administration 01/2019 Perak. organised by the Prisons Department. 6. One day Human Rights 4 April Prison Training Training under the Basic Centre for South Certificate Course on Prison Region (PULAWIS), Administration 01/2019 Kluang, Johor. organised by Prisons Department. 7. Right to Safety and Anti- 19 April MRSM Kulim, Bully talk at MRSM Kulim Kulim, Kedah. organised by MRSM Kulim. 8. Briefing on HRBP for 25 April , Selangor. Officers of State Education Departments organised by the Ministry of Education. 9. Human Rights talk on 8 May Gerik, Perak. “Paralegal Training for Orang Asli Group in Perak”. 10. Training and Module 21 – 23 June , Pahang. Development for Orang Asli Learning Centres 11. Human Rights talk for 24 June MRSM Tun Ghazali students at MRSM Tun Shafie, Kuala Lipis, Ghazali Shafie. Pahang. 12. Course for Orang Asli: 9 – 10 July ILKAP, Bangi, Rights and Legal Issues Selangor. 13. Sexual Health Education 19 October Kg. Paya Mengkuang, talk to Orang Asli children. , Pahang. 14 SUHAKAM

No. Topic Date Venue 14. Talks on ‘Death in Custody’ 24 October National Defence and ‘Introduction to Mandela University of Rules’ at the Detention in Malaysia, Sungai Security Operation Course Besi, Kuala Lumpur. organised by the Centre for Military and International Humanitarian Law (CoMIHL). 15. Human Rights talk for 30 October Police Training Officers in-Charge of Police Academy, Cheras, at District (OCPDs) at the Kuala Lumpur. Biennial Seminar for OCPDs 2019 organised by Royal Malaysian Police (PDRM). 16. Human Rights talk for 1 November officials of the Institute of Teacher Education. 17. Talk on UNDRIP at 2 November Ladang CARE, ‘Indigenous Customary Chenderiang, Perak. Land Protection Local Action Groups Gathering’. 18. Talk on SUHAKAM and 16 November Social Science Human Rights Instruments Faculty, University for Universiti Malaya Malaya. students under the Workshop on Human Rights Activism organised by SUARAM.

Delegations from local and international universities, who were interested to know about SUHAKAM and its role in promoting and protecting human rights in Malaysia, came to visit SUHAKAM at its office. The delegations comprised students from UiTM Sarawak, Samarahan campus, on 21 February; RMIT University, Australia, on 13 June; and, student interns from the Kuala Lumpur Legal Aid Centre on 27 August. ANNUAL REPORT 2019 15

B. PROMOTION AND OUTREACH CHAPTER 1 1. REGIONAL DIALOGUE ON MALAYSIA’S ACCESSION TO UNCAT AND SIDE-EVENTS

Following a series of programmes on Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) held in 2017 and 2018 with Malaysian key stakeholders, SUHAKAM recognised the need to explore best practices of other states in overcoming obstacles leading to the accession of UNCAT at the domestic level. Against this backdrop, SUHAKAM, with funding from the European Union (EU), hosted a regional dialogue on UNCAT on 8 July in Kuala Lumpur. This dialogue was aimed at sharing best practices on the accession and implementation of UNCAT among relevant ASEAN and OIC member states by regional and international experts.

This dialogue was officiated by YB , Deputy Minister in the Prime Minister’s Office (Law), and participated by representatives from Malaysian government agencies, civil society organisations (CSOs), National Human Rights Institutions (NHRIs), academics, medical practitioners, as well as religious communities.

Among the key issues and recommendations they made were that: i. Malaysia should emulate Islamic countries like Indonesia and Morocco that have made progress in their anti-torture efforts through the development of a torture prevention mechanism, or the introduction of an anti-torture law domestically. ii. The assumption that Islam and UNCAT are not compatible should not be a hindrance for Malaysia to ratify or accede to the Convention and to advance the human rights agenda within the country. This is because Islam forbids torture and cruelty. iii. The government should study the compatibility of existing domestic laws with UNCAT and amend as necessary, or legislate new laws to give effect to the principles of UNCAT. Legislation is a crucial step towards effective implementation of the Convention. iv. That the long-standing issue of overcrowded prisons should be looked into as it could potentially give rise to incidents of torture and/or ill- treatment in places of detention. v. That it is necessary for anti-torture advocates to create positive narratives in Malaysia to effectively portray that torture is unacceptable to the general public who, by the influence of culture may possibly perceive torture to be acceptable. 16 SUHAKAM

vi. A legal framework alone would not suffice in preventing torture if not implemented. It is essential for the implementation measures, which can be done via training and procedural safeguards established within enforcement agencies. vii. Human rights training for enforcement officers should extend beyond general human rights training and include training on how to conduct investigative interviews as a method of interrogation. viii. It is vital for SUHAKAM as NHRI to buttress its working relations with government agencies in preventing torture and ill-treatment practices though an MoU and other agreements as was done by the Indonesian NHRI. ix. That CSOs may further their advocacy by submitting reports to the UN Committee against Torture (CAT Committee) during the reporting period. It is also important for CSOs to establish good relations with Parliament for strengthening lobbying efforts. x. Government agencies, NHRIs and CSOs in need of capacity-building should seek assistance from the Office of the High Commission of Human Rights for training on international treaties, processes of ratification or accession and certain financial aid.

Regional Dialogue on Malaysia’s Accession to UNCAT on 8 July. ANNUAL REPORT 2019 17

SUHAKAM found it an opportune time to launch its “Cartoonists against

Torture” art exhibition in conjunction with the regional dialogue which was CHAPTER 1 also funded by the EU. The exhibition displayed a collection of artworks by cartoonists, both locally and internationally. SUHAKAM employed art as a creative medium to convey positive narratives of the Convention and the unacceptable nature of torture and ill-treatment, after realising the importance of utilising various channels to raise awareness.

Launch of ‘Cartoonists Against Torture’ art exhibition on 8 July.

After the dialogue, SUHAKAM also facilitated a high-level meeting between CAT Committee Member Mr Abdelwahab Hani, and resource persons from Morocco, Indonesia, the Convention against Torture Initiatives (CTI) and the Association for the Prevention of Torture (APT), for an exchange of views on 10 July on the accession and implementation of UNCAT.

SUHAKAM also hosted a workshop on the Optional Protocol to the Convention Against Torture (OP-CAT) and National Preventive Mechanism (NPM) which was facilitated by the APT’s representative. This workshop was attended by SUHAKAM staff members as well as representatives from the Legal Affairs Division of the Prime Minister’s Office (BHEUU) and the Integrity and Standard Compliance Division (JIPS) of the Royal Malaysia Police. 18 SUHAKAM

2. Public Outreach and Engagement

a) SUHAKAM Bersama Masyarakat (SBM - meet the people) Programme

During the year, SUHAKAM reached out to specific community groups such as fishermen, plantation communities and rubber smallholders with cooperation from the Federal Land Development Authority (FELDA), Fisheries Development Authority of Malaysia (LKIM), and Rubber Industry Smallholders Development Authority (RISDA). SUHAKAM conducted a series of six SBM sessions:

i. Plantation community in FELDA Kampung Soeharto, Selangor (6 March) ii. Group of fishermen in Port Dickson, Negeri Sembilan (10 April) iii. Group of fishermen in Tumpat, Kelantan (19 August) iv. Plantation community in FELDA Mempaga, Raub, Pahang (17 October) v. Rubber smallholders in Segamat, Johor (30 October) vi. Rubber smallholders in Baling, Kedah (29 November)

Issues of concern

The following were the key issues raised by the participants:

i. FELDA settlers The settlers were generally dissatisfied that the current administration did not fulfil its manifesto pledge to provide for the welfare inthe form of specific financial assistance.

The settlers also expressed concern over the delay on the part of the agency (FELDA) in paying them their monthly special cash advances. The delay has caused much hardship to many of the settlers and their families. These advances consist of a living allowance and ‘pendahuluan hasil’ (harvest advance), both of which came in the form of a loan to FELDA settlers under the replanting programme. These delayed payments, coupled with the decline in oil palm revenue, made the repayment of loans a burden for the settlers.

The settlers also highlighted their right to be informed of the outcome of the investigation report into the alleged financial mismanagement by FELDA. They expressed their hope the government would speed up the investigation process so all settlers ANNUAL REPORT 2019 19

could obtain a clear explanation about the root cause of the issues

faced by FELDA. CHAPTER 1 ii. Repayment of FELDA’s oil palm replanting loan Participants voiced their concern over the repayment of a loan scheme for oil palm replanting offered by the government to oil palm planters or smallholders. Many of them, especially the older ones, were afraid they would be heavily indebted by taking up such a loan in view of their age and the decreasing price of palm oil. iii. The impact of mining and quarrying activities The participants from FELDA Tersang expressed their concern over gold mining activities carried out in Tersang, Raub. They feared it would harm both the environment and the local community.

Participants from Baling had similar concerns regarding quarry activities taking place in Kupang. The quarrying had resulted in water erosion and landslides, raising safety concerns for the environmental and nearby residents. iv. The impact of declining commodities price The participants from the plantation sector, including rubber smallholders and FELDA settlers, were concerned over the declining prices of commodity particularly palm oil and rubber. This directly impacted their livelihood in the face of the rising cost of living. They called upon the government to undertake immediate action to mitigate this issue and to provide aid to the affected groups particularly the smallholders who are mostly the low-income earners. v. Welfare of fishermen The fishermen expressed their unhappiness over the government’s action to reduce their living allowance from RM300.00 to RM200.00.

They also raised their concerns regarding the burden shouldered by fishermen whose fishing boats are licensed under categories C1 and C2, due to the increased fuel price. Although LKIM provided fuel subsidies to reduce their operation cost, it was disbursed regardless of the size or category of their fishing boats. The fishermen were hopeful that the government would regularly review the fuel subsidy rate according to the current economic situation in the country. 20 SUHAKAM

vi. The Malaysian Vision Valley (MVV) 2.0 Development Project The Port Dickson fishermen expressed their objection to the MVV 2.0 development project by the Negeri Sembilan state government. It was their understanding that the project would involve the reclamation of approximately 8,000 hectares of coastal land from Chuah towards Batu 4, Port Dickson. They were fearful it would have a negative impact on both the environment and the livelihood of the local fishing community.

The project developer had previously conducted a briefing on the project, but the information provided was not comprehensive. Hence, the fishermen called upon the government to ensure relevant information concerning the project, including the proposed infrastructure plan, is fully shared with the local community.

vii. Access to education The participants were concerned about the plight of stateless and undocumented children in Malaysia. One major issue faced by these children is the denial of their basic right to education due to the absence of identification documents such as birth certificate and identity card. The participants hoped that the government would address this issue towards ensuring that these children could receive proper education in Malaysian schools.

The participants also highlighted their concerns over the quality and standard of education received by children in Tumpat. They asked whether efforts would be made by relevant stakeholders to improve the performance of school children in Tumpat, and bring them on par with those in urban schools.

viii. Access to adequate and clean water Participants from FELDA Tersang, Pahang, and Baling, Kedah, voiced their concerns over the recurring disruptions in water supply, causing them great inconvenience and difficulties.

Another concern raised was access to clean water. Whilst the Poverty Line Income (PLI) reflects a low rate of poverty in Malaysia, the reality on the ground is that there are still indigenous communities who do not have access to clean water. ANNUAL REPORT 2019 21 ix. Basic rights of drug offenders

Participants raised the issue of drug offenders’ right to vote and CHAPTER 1 ex-drug offenders’ right to employment. In response to the former, an Election Commission (EC) representative explained that every individual, including prisoners and those who convicted of drug offences, has the right to vote. However, in the absence of a proper mechanism and for security reasons, they were not allowed to leave their cells to cast their votes.

There was also concern about the obstacles faced by former drug offenders in securing a job although they have undergone a drug rehabilitation programme because of negative perceptions of society.

SUHAKAM delegation with fishermen in Port Dickson, Negeri Sembilan on 10 April. b) Exhibitions

SUHAKAM held 28 exhibitions at various events hosted by SUHAKAM and other organisations. The details of the exhibitions are in Table 2. 22 SUHAKAM

Table 2: List of exhibitions participated by SUHAKAM in 2019 No. Date Organiser Detail 1. 11 January Office of the Chief This was held in conjunction Registrar of the with the ‘Opening of the Legal Federal Court Year 2019’ programme at of Malaysia Putrajaya. 2. 20 January Tropicana This was held in conjunction with Residents’ Tropicana Residents’ Association Association programme titled ‘TRA Bazaar’ at Tropicana Golf and Country Resort, Petaling Jaya. 3. 23 January Sime Darby This was held in conjunction Properties with Sime Darby Property programme ‘Lunch and Learn: Business and Human Rights’ at Ara Damansara, Petaling Jaya. 4. 6 March SUHAKAM This was held in conjunction with ‘SUHAKAM Bersama Masyarakat’ programme at FELDA Soeharto, Hulu Selangor, Selangor. 5. 18 March SUHAKAM This was held in conjunction with ‘Seminar on Disabled- friendly Places of Worship’ programme in Kuala Lumpur. 6. 23 March SUHAKAM This was held in conjunction with ‘2019 Judicial Colloquium: Applying International Human Rights Principles/Norms in Judicial Processes’ programme in Kuala Lumpur. 7. 30 March HELP University This was held in conjunction with HELP University programme ‘The 2nd Tan Sri Dato’ Seri Dr Abdul Malek Law Students’ Conference 2019’ programme at Subang Bestari, Selangor. 8. 10 April SUHAKAM This was held in conjunction with ‘SUHAKAM Bersama Masyarakat’ programme in Port Dickson, Negeri Sembilan. ANNUAL REPORT 2019 23

No. Date Organiser Details

9. 28 April Neighbourhood This was held in conjunction CHAPTER 1 Watch Area with the ‘Drug Prevention (KRT), Seri Negeri and Smoking Risks Awareness’ Sembilan Public programme in Kuala Lumpur. Housing, Bandar Baru Sentul 10. 17 May Department This was held in conjunction of Women with the programme titled Development ‘Authorities Helping Women’ in Kuala Lumpur. 11. 24 June SUHAKAM This was held in conjunction with the programme titled ‘National High-Level Dialogue on Business and Human Rights’ in Putrajaya. 12. 25 June Department This was held in conjunction of Women with ‘YB , Deputy Development Minister of Women, Family and Community Development’s Dialogue Session with Single Mothers and the Authority with Women Programme’ in Kuala Lumpur. 13. 8 July SUHAKAM This was held in conjunction with the programme titled ‘Regional Dialogue on Malaysia’s Accession to the UNCAT in Kuala Lumpur. 14. 5 – 6 August Council for This was held in conjunction Anti-Trafficking with the programme titled ‘1st in Persons and National Conference on Anti- Anti-Smuggling of Trafficking in Persons 2019’ in Migrants (MAPO) Kuala Lumpur. & Joining Hands Against Modern Slavery (JHAMS) 15. 9 – 10 August Jaringan Kampung This was held in conjunction Orang Asli Pahang with the JAKOAP’s programme (JAKOAP) titled ‘Celebration of the World Indigenous Peoples Day, Pahang State Level’ at Bera, Pahang. 24 SUHAKAM

No. Date Organiser Details 16. 19 August SUHAKAM This was held in conjunction with ‘SUHAKAM Bersama Masyarakat’ programme at Tumpat, Kelantan. 17. 25 August Taman Subang This was held in conjunction Mas Residents with the ‘Taman Subang Mas’ Association programme’ in Subang Jaya, Selangor.” 18. 3 September International This was held in conjunction Organization for with the programme titled Migration (IOM) ‘National Forum on Forced and SUHAKAM Labour and Human Rights’ in Kuala Lumpur. 19. 12 September SUHAKAM This was held in conjunction with SUHAKAM’s ‘20 years of SUHAKAM and Way Forward’ programme in Kuala Lumpur. 20. 14 – 15 Malaysian Institute This was held in conjunction September for Debate and with the programme titled Public Speaking ‘Weekend of Knowledge (MIDP) and Evolution 2019’ at Petaling SUHAKAM Jaya, Selangor. 21. 14 – 15 Association of This was held in conjunction September Orang Asli Perak with the programme titled ‘The and Department National Celebration of the of Orang Asli World Indigenous Peoples Day’ Development at Tapah, Perak. (JAKOA) 22. 6 October Education This was held in conjunction Department of with the programme titled ‘Anti-Bullying Run and the Launch of National Sports Month’ at Pelabuhan Klang, Selangor. 23. 7 – 8 October The Institute of This was held in conjunction Internal Auditors with the programme titled Malaysia (IIAM) ‘Institute of Internal Auditors Malaysia National Conference 2019’ at Kuala Lumpur. ANNUAL REPORT 2019 25

No. Date Organiser Details

24. 10 October Ahmad Ibrahim This was held in conjunction CHAPTER 1 Kulliyyah of Law, with the programme titled International ‘AIKOLFEST2019’ at IIUM Islamic University Gombak Campus. Malaysia (IIUM) 25. 17 October SUHAKAM This was held in conjunction with ‘SUHAKAM Bersama Masyarakat’ programme at Felda Wilayah Mempaga, Raub, Pahang. 26. 15 – 16 SUARAM This was held in conjunction November with ‘Youth Internet Governance’ Forum (YIGF) at University of Malaya. 27. 29 November SUHAKAM This was held in conjunction with ‘SUHAKAM Bersama Masyarakat’ programme at Baling, Kedah. 28. 10 December SUHAKAM This was held in conjunction with the 2019 Human Rights Day celebration at Kuala Lumpur.

3. Empowerment of Youth

SUHAKAM continued its “Youth for Rights” programme that aimed at raising awareness of human rights among youths and their important role in promoting and protecting human rights in the country.

During the year, SUHAKAM reached out to a total of 1,052 youths from different local universities, colleges and uniformed bodies through talks to raise awareness, camps and lectures.

SUHAKAM conducted a series of seven “Youth for Rights” awareness talks for students of five local universities and youth members of two uniformed organisations, namely Scouts Association of Malaysia and the Malaysian Red Crescent Society as summarised in Table 3 below: 26 SUHAKAM

Table 3: List of universities/colleges/uniformed bodies that participated in SUHAKAM’s “Youth For Rights” programmes in 2019

No. Date Universities/Colleges/Uniformed Bodies Venue 1. 30 January Universiti Teknologi MARA (UiTM) Melaka Alor Gajah Campus

2. 23 June The Scouts Association of Malaysia Cheras, Kuala Lumpur 3. 17 July Jeli Community College Jeli, Kelantan 4. 20 July Universiti Teknologi Petronas Perak 5. 31 July Pasir Gudang Community College Pasir Gudang, Johor 6. 19 September Malaysian Red Crescent Society Kuala Lumpur 7. 25 September INTI International University and , Negeri Colleges Sembilan

SUHAKAM collaborated with Universiti Utara Malaysia (UUM) and Universiti Malaysia Sarawak (UNIMAS), respectively, to organise “Youth For Rights” camps for student leaders from universities and colleges in the Northern zone and in the state of Sarawak. The details of these camps are in Table 4.

Table 4: “Youth For Rights” camps held in 2019

No. Date Venue Details 1. 27–28 April UUM campus, This programme was led by Sintok, Kedah SUHAKAM’s Secretary Dr Cheah Swee Neo and participated by 38 student leaders from the universities/colleges in Northern zone of Malaysia. 2. 12 – 13 UNIMAS This programme was led by October campus, Commissioner Datuk Lok Yim Pheng Kuching, and participated by 47 student Sarawak leaders from seven universities and colleges in Sarawak.

SUHAKAM was invited to deliver lectures on human rights by three universities, as presented in Table 5. ANNUAL REPORT 2019 27

Table 5: Human rights lectures delivered by SUHAKAM in 2019

No. Date Universities Venue CHAPTER 1 1. 14 May INTI International University Subang Jaya, Selangor and Colleges 2. 4 June HELP College of Arts and Cheras, Kuala Lumpur Technology 3. 18 September Monash University , Malaysia Selangor

‘Youth for Rights’ session with members of The Scouts Association of Malaysia on 23 June.

4. Awareness of Women’s Rights

SUHAKAM conducted two programmes on women’s rights for officials in Johor State Education Department and female inmates in Alor Setar Prison, respectively on 20 November and 9 December. Commissioner Datuk Lok Yim Pheng led these programmes. The main objectives were to promote greater awareness of women’s rights as enshrined in the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), as well as to provide a platform for deliberation on issues pertaining to women’s rights in Malaysia. Among the key issues and recommendations derived from the sessions were: 28 SUHAKAM

i. Discrimination at the workplace The participants highlighted the issue with regard to the discriminatory practice in the hotel and retail sectors in barring Muslim female staff particularly those serving the front desk from wearing hijab at the workplace. The participants recommended the following:

• The government should review the Employment Act 1955 to eliminate all forms of discrimination at the workplace so as to protect the rights of all workers. • The government should collaborate with SUHAKAM and non- governmental organisations (NGOs) to raise greater awareness of women’s rights among all sectors in Malaysia.

ii. Sexual Harassment The participants said that many sexual harassment cases, particularly those occurring in the workplace, were unreported because victims did not understand what constitutes sexual harassment. They were also fearful of repercussions from the perpetrator or their employer. They suggested the following actions:

• The government should provide appropriate platforms or mechanisms for victims to lodge complaints of sexual harassment. • Authorities should conduct advocacy programmes to educate the public on sexual harassment and the repercussions if these matters are not properly addressed. • The government should ensure full enforcement of existing laws to protect victims of sexual harassment and to ensure effective implementation of CEDAW principles at the domestic level.

iii. Gender inequality The participants highlighted the gender gap in promotions and pay. Women are less likely to be promoted to senior positions and are paid at a lower rate than men in the workplace. Furthermore, women also experience workplace bullying and are requested to take on heavy workloads which may adversely affect their overall well-being, particularly their health. In order to mitigate these issues, the participants opined the need for the government to consider the following:

• To address the disparity in opportunities for women and men at work by ensuring that senior leadership roles are granted to deserving candidates, irrespective of their gender. ANNUAL REPORT 2019 29

• To reduce the pay gap between women and men in all sectors

by promoting an equal pay structure that takes into consideration CHAPTER 1 work experience of all workers, irrespective of their gender. • To ensure equitable distribution of workload by all organisations. iv. Access to employment and livelihood Female inmates highlighted the barriers to employment for ex- convicts. While they applauded the Prisons Department for providing vocational training for inmates inside the prison, they were concerned about the difficulties in securing employment or a decent job because many employers refuse to hire individuals with criminal records. Hence, they suggested that the government look into ways of improving job placements for former inmates as well as provide them with small grants for business start-ups. This will enable them to secure a livelihood utilising the skills they acquired through the prison’s vocational training programme. v. Gender-based stigma against female offenders While the stigma of incarceration presents challenges to both male and female offenders in their paths to reintegration, female inmates felt that the social stigma attached to them was greater compared to male offenders. In addition, female offenders who commit drug-related offences tend to face double stigma of being a drug user and having a record of incarceration, with some being disowned by their families. Such stigmatisation makes it more difficult for female ex-offenders to re-integrate into family and community. Hence, specialised programmes and mental healthcare for female inmates, particularly those with history of substance abuse should be included as part of the prison’s rehabilitation and social integration programmes.

SUHAKAM welcomes the Prison Department’s initiative to provide a ‘halfway house’ that acts as a temporary home for newly released ex- offenders who do not have families or were rejected by their families. The halfway house also provides emotional support to assist former offenders to re-integrate into the community. Nevertheless, SUHAKAM notes that currently there are only 13 halfway houses throughout Malaysia, including Sabah and Sarawak. This is inadequate to accommodate the large number of prisoners released each year. SUHAKAM recommends that the government work with various stakeholders to expand the number of halfway houses as well as to 30 SUHAKAM

include rebuilding of the relationship between the families and former offenders in the Prison Department’s post-release programme.

vi. Limited access to basic hygiene needs of inmates The female inmates highlighted the lack of basic hygiene essentials such as soap, toothpaste and toothbrush, and sanitary towels. Most of the time, there was an insufficient supply of these essentials to meet the needs of female inmates. SUHAKAM sees the need for government to increase the supply of hygiene essentials, as specified in Article 15 of the Standard Minimum Rules for the Treatment of Prisoners that “Prisoners shall be required to keep their persons clean, and to this end they shall be provided with water and with such toilet articles as are necessary for health and cleanliness”. SUHAKAM also recommends that the Prisons Department includes training on gender-sensitivity and the specific needs of female inmates ina holistic manner in the administration of its prisons.

The Way Forward

SUHAKAM will continue to intensify the implementation of its statutory mandate to promote and provide education on human rights in Malaysia as part of its efforts to strengthen respect for and encourage public discourse on human rights in Malaysia. Capacity building courses for professionals and public outreach programmes are in the works. The key initiatives include an engagement with the Conference of Rulers to raise awareness of children’s rights, meetings with the Ministry of Home Affairs, Members of Parliament and representatives of State Assemblies to campaign for Malaysia’s accession to the UNCAT, youth leader programmes and human rights public service announcements. ANNUAL REPORT 2019 31 CHAPTER 1

1.2 LAW & POLICY ADVISORY

OVERVIEW

SUHAKAM continued to review various laws and made recommendations for reform based on international human rights standards through its Law and International Treaties Division (LITD), in line with its mandate under the SUHAKAM Act.

SUHAKAM continued to be consulted and invited to serve as members of governmental committees tasked to draft, study and make recommendations on law reform, including on sexual harassment, gender equality, and the abolition of the mandatory death penalty. SUHAKAM also continued to engage with courts, government agencies and civil society to consider their views in formulating informed recommendations.

SUHAKAM will continue to push for the reform agenda under the SUHAKAM Act so that it comes into force without further delay.

Through the Economic, Social and Cultural Rights Division, SUHAKAM looks at how a human rights-based approach to policies can have a positive impact on the enjoyment of human rights. The Division has a specific focus on business and human rights, the rights of indigenous peoples, the rights of sexual minorities, poverty and the right to housing in the overall promotion of economic, social and cultural rights in Malaysia.

1. REVIEW OF LAWS

SUHAKAM continues to carry out its mandate to monitor and promote effective implementation of international human rights standards at the national level through its review of laws. In 2019, SUHAKAM was consulted in the policy formulation, drafting and/or review to varying degrees in the following: i. Sexual Harassment Bill ii. Anti-Discrimination Against Women Bill iii. Ombudsman Malaysia Bill 32 SUHAKAM

iv. Independent Police Complaints and Misconduct Commission Bill 2019 v. National Financial Crimes Centre Bill 2019 vi. Amendments of Trade Unions Act 1957 (see Chapter on Workers) vii. Amendments to the Industrial Relations Act 1967 (see Chapter on Workers) viii. Domestic Employees Regulations (see Chapter on Workers) ix. Proposed Withdrawal of Amendments to Employment Act 1967 concerning Pre-Employment Discrimination (see Chapter on Workers)

Recommendation

SUHAKAM commends the government for increasingly consulting with SUHAKAM in the law reform process. SUHAKAM trusts that this practice of good governance continues, in line with SUHAKAM’s statutory role of advising and assisting the government in the formulation of laws and policies. However, SUHAKAM hopes that the engagement occurs earlier. That it is more meaningful and is on a broader scope of laws and policies, including emerging human rights issues such as climate change, ageing and technology.

2. ENGAGEMENT WITH THE JUDICIARY

a) Judicial Colloquium

The Judiciary, as one of the three branches of government, plays an integral role in the promotion and protection of human rights, and ultimately the fulfilment of Malaysia’s international obligations. It can fulfil such a role mainly through the application of the Universal Declaration of Human Rights (UDHR) principles and international human rights normative standards in the judicial process.

To this end, SUHAKAM - in collaboration with UN agencies in Malaysia and with the support of the Malaysian Judiciary - organised a judicial colloquium themed “Applying International Human Rights Principles and Norms in the Judicial Process.” The objectives were to:

• Create a platform for judges to impart and exchange views and knowledge on human rights and its application in the administration of justice; • Discuss the application of international human rights treaties and instruction in the context of the administration of justice in Malaysia; ANNUAL REPORT 2019 33

• Share best practices on how to apply international human rights

principles and standards in the context of the Malaysian legal system; CHAPTER 1 and • Create a strong network between SUHAKAM, the UN in Malaysia and the Malaysian Judiciary for continued collaboration in the area of human rights.

The colloquium was attended by 122 judges from all levels of the Malaysian courts and senior judicial officers. The colloquium consisted of four closed-door sessions: i. Normative Dimensions of Human Rights and the Rule of Law as the Overarching Principle in Human Rights Protection In this session, the discussion focused on the various sources of international human rights law and how principles in these sources could be applied by the judiciary in deciding cases. Participants proposed that the Malaysian judiciary should adopt a human rights- based approach in exercising judicial reasoning. ii. Applying Human Rights Principles in Court – Sharing Best Practices and Case Studies On the application of international treaties, the colloquium discussed the challenges faced by the Malaysian judiciary in applying human rights in court decisions. Even though judges do not directly refer to international treaties, the spirit of some judgments have been in line with international human rights principles. Judges were encouraged to incorporate and apply human rights principles in their weighing and decisionmaking. Further, the colloquium also highlighted that the real value of international laws lies in its domestic application. Therefore, the absence of national laws to incorporate Malaysia’s treaty obligations should not deter the courts from applying or referring to international human rights law in their judgment, especially customary international law. iii. Human Rights & Freedom of Information – Role of the Judiciary in Striking a Balance The issue of online hate speech and the approach to be taken by the judiciary were discussed. They looked at examples of how freedom of expression is protected at the international level. They talked at length about the three-part test for permissible restriction on freedom of expression. According to the test, the restriction must 34 SUHAKAM

be prescribed by law, is necessary and also proportionate to achieve the legitimate aims of safeguarding the reputation of others, national security, public order, public health or morals.

iv. The Role of the Judiciary in Promoting Non-Discrimination The situation in Malaysia relating to gender-based discrimination and the word “gender” in Article 8(2) of the Federal Constitution was discussed. Participants also discussed the role of the courts in dealing with cases related to racial discrimination as racial tensions are now on the rise, especially on social media. Among the best practices shared were those from Australia. The Australian federal courts have applied the principles of major human rights treaties in domestic laws, even though Australia has yet to ratify them.

On 14 October 2019, a SUHAKAM delegation led by the chairman called on the new Chief Justice of Malaysia, The Right Honourable Tan Sri Tengku Maimun Tuan Mat. SUHAKAM is grateful for Her Ladyship’s support of SUHAKAM’s constant engagement with judges and judicial officers on human rights issues through the colloquium.

Next year, SUHAKAM is planning to organise regional judicial colloquiums with syariah judges on the promotion and protection of human rights in the Syariah Courts. To this end, SUHAKAM would welcome engagements with key actors in the syariah circuit.

b) Watching Brief in Courts

Since 2011, SUHAKAM has held watching briefs in cases involving several human rights issues. SUHAKAM is obliged to the courts for allowing SUHAKAM to do so in the following cases and on the following issues:

• Rosliza binti Ibrahim v State – freedom of religion • Re Liew Shin Mei – citizenship application for stateless child • Muniandy s/o Veeran & Anor v Zainal Abidin bin Mohd Ismail – right to life for persons with disabilities • YB Karpal Singh appeals – judicial misconduct and freedom of speech • Inquest into Muhammad Adib Mohd Kassim’s death – the right to life and security ANNUAL REPORT 2019 35

• Attorney-General v Arunachalam Kasi – freedom of speech

• Noreda binti Mohd Nor v Kerajaan Malaysia – disabled child’s right CHAPTER 1 to education • Inquest of Soosaimanickam s/o Joseph death – right to life and freedom from torture

In this regard, SUHAKAM is grateful to the following members of the Malaysian Bar who have represented SUHAKAM in these cases pro bono:

• Mr. Mansoor Saat • Mr. Cyrus Tiu Foo Woei • Mr. Collin Andrew • Mr. Dennis Micheal Pereira • Mr. Nizam Bashir Abdul Kariem Bashir • Mr. Mahajoth Singh s/o Darshan Singh • Mr. Louis Liaw Vern Xien • Mr. Ivanpal Singh Grewal • Mr. Derrick Chan • Ms. Maha Ramakrishnan • Ms. Siti Zabedah Kasim • Ms. Nanneri Nanggal Vengadasalam • Ms. Kavitha d/o Sitartha Raja Kumaran

Next year, SUHAKAM plans to hold watching briefs and to assist the Syariah Courts in cases involving human rights issues, as well as the civil courts.

Recommendation

The Malaysian judiciary – civil and syariah – is key to the fulfilment of Malaysia’s human rights obligations, and significantly contributes to the respect for human rights in Malaysia. SUHAKAM is keen to assist both the civil and syariah courts, especially with the application of human rights standards, to ensure access to justice and to protect fundamental liberties for all. In this regard, SUHAKAM would also welcome cases, particularly those involving complex or emerging human rights issues from the Malaysian public. 36 SUHAKAM

The Way Forward

SUHAKAM remains committed and ready to advise and assist the government in terms of ensuring aspects of human rights principles are considered and incorporated in the various laws being reformed, amended or formulated. The government has demonstrated some move towards greater engagement and being more inclusive in taking forward the human rights agenda with the formation of the Parliamentary Select Committee on Gender Equality and Human Rights. In October 2019, the committee was split into two - a Special Select Committee on Human Rights and Constitutional Affairs and a Special Select Committee on Gender Equality and Family Development. SUHAKAM hopes it will have the opportunity to engage with these Select Committees, which function as a check-and-balance mechanism of executive actions and at improving and giving more legitimacy towards government policies.

SUHAKAM will continue to advocate for, as well as undertake any necessary action to facilitate Malaysia’s accession to several human rights treaties. SUHAKAM acknowledges there are challenges or a number of barriers towards an actual accession. Hence it has taken the initiative to undertake relevant research on the compatibility of domestic civil and syariah laws with these instruments. SUHAKAM will shortly engage with the respective Ministries on recommendations to overcome various legal or social gaps that are identified, and develop a prospective roadmap which may assist the government in moving forward with the accession. ANNUAL REPORT 2019 37 CHAPTER 1

1.3 COMPLAINTS AND MONITORING

OVERVIEW

In 2019, SUHAKAM received a total of 1,154 complaints. Of them, 298 were lodged at its Kuala Lumpur office, 415 complaints were received at its Sabah office, and 70 complaints came to its Sarawak office during the year. Some of the complaints were in the form of memoranda whilst the remaining came via email, correspondence, telephone calls, walk-ins, the e-complaint system and submissions during SUHAKAM’s roadshows.

1. INVESTIGATING COMPLAINTS

After thorough consideration, SUHAKAM decided that 371 of the complaints received were beyond its jurisdiction. Of the 783 complaints that it investigated; 222 cases were completed while the rest are still being investigated.

Table 6: List of Memoranda received in 2019 No. Details Date 1. Memorandum by a community representative 4 January over compensation for relocation. 2. Memorandum by an individual complaining of 22 January persecution by police personnel. 3. Memorandum by an NGO over arrest and 28 January mistreatment of detainees under the Security Offences (Special Measures) Act 2012 (SOSMA) and Prevention of Crime Act (POCA). 4. Memorandum by a fishermen’s association 10 April regarding sea reclamation in Port Dickson. 5. Memorandum by a fishermen’s association over 10 April the implementation of the Malaysia Vision Valley (MVV) 2045 and its impact on fishermen. 38 SUHAKAM

No. Details Date 6. Memorandum by a fishermen’s association on 10 April the issue of temporary fishing licenses. 7. Memorandum by an NGO over Prasana Diksa, 19 April the missing daughter of M. Indra Gandhi. 8. Memorandum by a political organisation 26 April regarding a detainee under a Preventive Crime Order in Batu Gajah Prison. 9. Memorandum by an NGO over the mistreatment 17 May of a detainee in police custody. 10. Memorandum by a student’s organisation 16 July involving harassment by the Special Branch (SB). 11. Memorandum by an NGO regarding 19 July mistreatment by a prison warden. 12. Memorandum by family members of a shooting 17 September victim in Rawang. 13. Memorandum by the Syiah community in 19 September Malaysia over the arrest of their community members. 14. Memorandum by an NGO over “Chain Remand” 25 September and detention under POCA by the police. 15. Memorandum by an organisation regarding 9 October issues concerning tahfiz centres. 16. Memorandum by an NGO on wrongful arrest 10 October and torture. 17. Memorandum by an NGO over the demolition 22 October of Pasar Warisan Selayang and relocation of the shop owners to a new building. 18. Memorandum by a political organisation over 5 November human rights abuses involving 2 individuals. 19. Memorandum by an NGO on SOSMA, saying it is 25 November a violation of human rights. ANNUAL REPORT 2019 39

Figure 2: Total Number of Complaints Received, 2015-2019 CHAPTER 1 1400

1200 1180 1154

1000 879 803 800 676

600 Total Cases Total

400

200

0 2015 2016 2017 2018 2019 Year

Figure 3: Number of Resolved and Pending Cases in 2019

500 Human Rights Cases Resolved Pending 450 415 400 353 350 298 300

250

200 Total Cases Total 156 150 142

100 62 70 52 50 18 0 Kuala Lumpur Sabah Sarawak SUHAKAM Offices 40 SUHAKAM

Table 7: Breakdown of Human Rights Complaints, 2019

No. Subject Matter Peninsula Sabah Sarawak 1. Human dignity 0 0 0 2. Equality/discrimination (based on 15 0 7 race, religion, gender, disability, political affiliation etc.) 3. Right to life 18 1 3 4. Liberty and security of person 19 2 1 5. Human trafficking/smuggling 9 0 0 6. Cruel, inhuman or degrading 45 3 2 treatment or punishment 7. Arbitrary arrest, detention, or exile 61 38 4 8. Equality before the law/right to a fair 10 0 2 and public hearing 9. Right to privacy 5 0 0 10. Freedom of movement 7 0 0 11. Right to seek asylum and refugee status 14 0 0 12. Right to nationality 6 294 30 13. Right to own property 3 30 4 14. Freedom of thought, conscience, 1 0 1 and religion 15. Freedom of opinion and expression 0 0 0 16. Right to peaceful assembly 0 0 0 17. Freedom of association 1 0 0 18. Right to take part in government/ 0 0 0 voters’ rights 19. Right to work/employment and 8 13 3 migrant workers’ rights 20. Right to rest and leisure 2 0 0 21. Right to an adequate standard of living 32 4 2 (food, clothing, housing, healthcare) 22. Right to education 0 3 0 23. Right to freely participate in the 0 0 0 cultural life of the community 24. Environmental rights 7 4 1 25. Right to native customary land 14 12 5 26. Child’s rights 10 1 2 ANNUAL REPORT 2019 41

No. Subject Matter Peninsula Sabah Sarawak

27. Right to family life 7 1 0 CHAPTER 1 28. Slavery 1 0 0 29. Others 3 9 3 TOTAL 298 415 70

2. Visits to Detention Centre

The Complaints and Monitoring Division (CMD) improved its monitoring by auditing detention centres to ensure that human rights standards are complied with by the authorities. An audit visit by the CMD is a more thorough visit than a routine one. Audit visits usually take more than two days and require more resources too.

Audit visits also involve in-depth monitoring of all blocks, facilities and condition of the detention centre. They also cover programmes conducted for the detainees. During a visit, between five to 10 percent of the population at a detention centre is randomly selected and interviewed to gather any evidence of human rights violations there.

Table 8: Places of Detention Visited

No. Date Places of Observation Detention 1. 7 March 2019 Drug Maintenance Issues Rehabilitation There has been no maintenance of Institute, the sewerage and wiring systems Jelebu, since the place was constructed. This Negeri needs immediate attention. Sembilan Several items in the kitchen are in need of immediate repair or replacement as they would affect preparation of meals for the detainees: - 1 out of 2 exhaust fans was not working - 6 stove legs were broken - the boiler was leaking - the icebox was not cold enough 42 SUHAKAM

No. Date Places of Observation Detention 2. 8 March 2019 IPD Sikamat, Lack of provision to purchase Seremban toiletries and sanitary napkins Negeri SUHAKAM recommends that the Sembilan Ministry of Home Affairs/IPK Negeri Sembilan allocate to buy women’s toiletries and sanitary napkins for the Sikamat Police Station immediately.

Lack of allocation for building maintenance SUHAKAM recommends that the Ministry of Home Affairs/IPK Negeri Sembilan repair the plumbing system at Sikamat Police Station, so there is no further cracking and fungal infestation on the walls.

Lock-up Capacity SUHAKAM recommends that the OKT capacity in each cell should be limited to 6 OKT (person under arrest) at a time to avoid congestion.

3. 10 April 2019 IPD Kubang Maintenance of Buildings and Pasu Lock-up, Clogged Toilets Kedah The officer in charge of the police district submitted a request for maintenance of the lock-up, especially to repair the clogged toilets. However, no financial provision was approved. The Ministry of Home Affairs needs to heed applications for finances to maintain lock-up facilities, especially blocked toilets, as there can be overcrowding in the usable cells otherwise. ANNUAL REPORT 2019 43

No. Date Places of Observation

Detention CHAPTER 1 Although the clean-up work is done voluntarily by the OKT, it is not their responsibility. Royal Malaysia Police (PDRM) and the Ministry of Home Affairs should appoint a contractor to do the job.

Personal Needs of OKT OKT should be supplied with toiletries such as toothbrush, toothpaste and soap.

Medicines storage A well-stocked medicines store should be provided. All the medicines should be appropriately labelled and not mixed. The medication should also be dispensed according to the doctor’s prescription.

Vaccine The staff, especially those on sentry duty, have not received regular vaccine injections. PDRM should collaborate with the Ministry of Health to obtain vaccines for all the staff.

Fire Emergency Evacuation Plan (FEEP) SUHAKAM was informed that the building design would not withstand fire. An evacuation plan should be created as soon as possible for emergencies. 44 SUHAKAM

No. Date Places of Observation Detention 4. 11 April 2019 Belantik Increase in Staff Immigration The depot needs more staff to Depot, reduce the burden of duties that Kedah are handled by the existing staff and officers.

Closed Circuit Television (CCTV) facilities Fixing a CCTV system should be prioritised as it can help wardens control and monitor the cells and entire depot.

Water Pressure Problems The low water pressure needs immediate attention as there are over 900 detainees in the Belantik Immigration Depot. The lack of adequate water can lead to poor hygiene and may increase the spread of disease.

Special Necessities for Women and Babies The Ministry of Home Affairs should allocate a special budget for sanitary napkins for women and diapers for babies to ensure the staff do not have to pay for them.

5. 12 April 2019 Juru Construction of New Depot Immigration The government has approved the Depot, building of a new depot to replace Pulau Pinang the existing one. The construction expedited. The current infrastructure is inadequate and could endanger the safety of staff and detainees. ANNUAL REPORT 2019 45

No. Date Places of Observation

Detention CHAPTER 1 CCTV facilities CCTVs should be installed so the staff can easily monitor the detention cells and the depot.

Toilet Facilities The male detainees are using the bucket system to urinate and defecate because the way to the toilets is locked and only opened during morning and evening bath times. SUHAKAM recommends this path is made accessible, and for an end to the bucket system which diminishes the dignity of detainees.

Courses and Training for Members Each member should be given adequate training in the care and management of prisoners and be able to deal with emergencies such as fights and riots. The Immigration Department can work with the Malaysian Prisons Department to provide the training as the Prisons Department is more experienced in handling large numbers of prisoners.

Notifications / Alerts to Immediate Family Members The depot should assist detainees who wish to inform their immediate family members of their detention. 46 SUHAKAM

No. Date Places of Observation Detention 6. 15 May 2019 Dental Chair Correctional The prison clinic requires a dental chair. Centre Many prisoners report that their skin feels itchy after eating boiled fish It is recommended that the item be replaced with fried fish.

7. 22 May 2019 Putrajaya This depot is not suitable for Immigration detention because: Depot i. The lack of natural light and airflow does not comply with international Standard Minimum Rules. (Nelson Mandela Rules Article 10) ii. There is only one emergency exit, which can endanger the lives of prisoners and staff during a disaster or crisis. iii. The centre is overcrowded. Cells for male detainees were congested – the capacity for a cell measuring 8.85 square metres is 35 persons. iv. Due to the lack of medical personnel at the depot, there is no check-up at the time of entry and treatment is only available twice a month. v. Lack of personal hygiene necessities such as toothbrushes and toothpaste. vi. There were no mattresses, blankets and slippers. Some male detainees slept on the cold floor. Female detainees who were pregnant told SUHAKAM that the depot was too cold. ANNUAL REPORT 2019 47

No. Date Places of Observation

Detention CHAPTER 1 8. 24 June 2019 IPD Gerik, The water pressure in the lock-up Perak toilets needs to be improved and the broken concrete floors in the toilet need repair.

9. 10 July 2019 Jasin Industrial i. There is no express lane for Prison, prisoners seeking treatment at Melaka the clinic/hospital

ii. There are insufficient pillows and mattresses.

10. 10 July 2019 Cure & Care i. The ceiling is damaged and Rehabilitation there are no doors for the toilets. Center (CCRC) Tiang Dua, ii. There are no trainers or Melaka vocational programmes for the recovering addicts.

11. 11 July 2019 Machap Health Issues Umboo There was a severe problem of Immigration scabies in the depot, and the supply Depot, of medicines for it is inadequate. Melaka SUHAKAM recommends that immediate care measures be taken. If the treatment given to a detainee does not produce any positive result, the detainee should be taken to a nearby clinic or hospital for further treatment.

Leisure Activities and Exposure to Sunlight Detainees were not allowed recreational activities outside of the block. As such, they are not exposed to direct sunlight. SUHAKAM recommends that the authorities allow detainees to have recreational activities in groups. 48 SUHAKAM

No. Date Places of Observation Detention Supply of Personal Hygiene Necessities and Clothing Bath soap, laundry detergent, and toothpaste are only provided once to detainees. This is also a contributory factor to skin diseases such as scabies. SUHAKAM recommends that personal care necessities listed above should be provided frequently to detainees.

Water Supply Water supply at the depot is frequently cut. Water is delivered 24 hours after a complaint is made. Although there is a pump house, it does not work. SUHAKAM recommends that pump houses should be repaired immediately, and Syarikat Air Melaka Berhad (SAMB) should ensure that disruptions do not occur regularly. If there is a disruption, emergency water should be supplied within the shortest period.

Visit to Drug Rehabilitation Centres, Jelebu, Negeri Sembilan. ANNUAL REPORT 2019 49

As part of its monitoring of detention centres, SUHAKAM visits staff

quarters and randomly interviews those of different ranks and job scope CHAPTER 1 to be aware of the challenges they face in performing their duties. SUHAKAM also meets up with the medical officers at nearby the clinic and hospital, and the Board of Visiting Justices. Finally, there is a post- visit briefing for the Prisons Director, where SUHAKAM highlights issues that need urgent attention and other general matters. During the year, SUHAKAM conducted two pilot audit visits at two prisons in East Malaysia. SUHAKAM audited Puncak Borneo Prison in Sarawak in August and Tawau Prison in Sabah in November.

Visit to Puncak Borneo Prison, Kuching, Sarawak.

3. IMPROVING THE CONDITION OF DETENTION CENTRES

Custodial Medical Unit in Police Lock-ups

SUHAKAM conducted a study on deaths in police custody in 2014- 2015. The study was carried out following the number of complaints of death in police detention received by SUHAKAM and complaints from civil society. As a result of the study, SUHAKAM published its report titled “Deaths in Police Custody: A Thematic Study on Lock-Up Conditions and Factors Contributing to the Death (2016)”. 50 SUHAKAM

i. The report contains the findings and recommendations of SUHAKAM to reduce instances of death in police custody.

ii. In 2018, SUHAKAM conducted a follow-up meeting to discuss the implementation of one of the recommendations of the study - the establishment of the Custodial Medical Unit (CMU). The CMU will operate as a mobile clinic where at least 4 CMU staff will be deployed to centralised lock-ups to carry out daily medical check-ups at the room/building provided. The proposed centralised lock-ups include Lokap Berpusat Jinjang, Kuala Lumpur; Lokap Berpusat Balai Polis Bayan Baru, Pulau Pinang; Lokap Berpusat Shah Alam, Selangor; Lokap Berpusat Indera Mahkota, Pahang; and Lokap Berpusat Kepayan, Sabah. The estimated budget for setting up the CMU at these centralised lock-ups is RM 500,000 (Five hundred thousand Ringgit Malaysia).

iii. In 2019, SUHAKAM met with the Minister of Finance and a sum of RM 200,000 (Two hundred thousand Ringgit Malaysia) was approved to establish the CMU. To date, Royal Malaysia Police (PDRM) is in the process of coordinating and delivering the budget that was received to the allocated centralised lock-ups. An inauguration programme is expected to be carried out by PDRM and SUHAKAM in 2020.

4. REFORMATION OF THE PRISON MANAGEMENT SYSTEM (PRISON REFORM)

Since its inception, SUHAKAM has been authorised to visit detention centres, including prisons, to provide recommendations related to human rights for improving their management. The visit covers three categories:

i. periodic visits to monitor conditions and services in prison; ii. investigation visit for cases filed with SUHAKAM regarding human rights violation in detention; and iii. audit visits.

The focus of the periodic and audit visits to detention centres is not only on the conditions and services for detainees but also on the working conditions, and health and safety of the detention centre staff as well. ANNUAL REPORT 2019 51

SUHAKAM conducted a study on “Right to Health in Prison” in 2014. This

was done following complaints received by SUHAKAM in previous years. CHAPTER 1 This study provided SUHAKAM with an in-depth look at prison-related health issues such as healthcare, medical services, vulnerable groups in prisons, recreation and sports, adequate food and personal care necessities, remand prisoners and prison staff.

Throughout the study, SUHAKAM found many areas for improvement in the provision of healthcare in prisons. These improvements are not the sole responsibility of the Prisons Department. Government agencies involved should also play their part in ensuring that prisons adhere to minimum standards of detention.

In this regard, SUHAKAM convened a joint meeting with the Prison Policy and PRO Division on 17 May, 2019, to discuss prison reform and the current Prisons Department’s action plan. SUHAKAM was informed that the Prisons Department was preparing several measures for prison reform. The Prisons Department welcomed SUHAKAM’s assistance for a successful implementation of the reform plan. SUHAKAM expressed its willingness to cooperate closely with the Malaysian Prisons Department on this.

Action Plan

The Malaysian Prisons Department action plan for prison reform will involve improvements in every aspect of its management system. The reform includes aspects of detention, rehabilitation, staff training, regulatory compliance, facilities and hygiene, community correction and the reintegration of prisoners into society. SUHAKAM fully supports the efforts of the Prisons Department for the reform of the overall prison management to ensure that prisons comply with the minimum standards of detention, such as the Nelson Mandela Rules. The problem of overcrowding caused by excess capacity in prisons should also be taken seriously by all parties seeking alternatives to accommodate existing prisoners. Besides that, existing laws that place drug addicts, undocumented migrants and those on remand in prison need reviewing. The reform also aims to help detainees go through a more effective rehabilitation process and facilitate better prison management.

The framework provided focuses on 5 main functions of prison management as follows: 52 SUHAKAM

Outcome Main Function Variable • Conducive Prison • Correctional and Environment for Safety • Staff Staff & Detainees • The Empowerment • Reduce Management of Congestion Detainees • Facilities and Infrastructure • Reduce Residuals • Recovery • Public • Increase the • Reintegration Involvement Productivity • Probation & In Legal Aspects of Detainees Community • Raise Public Correction Support

To complement this action plan, SUHAKAM and the Malaysian Prisons Department organised a joint Prison Reform Workshop on 4 & 5 September 2019. The objectives of the workshop were to:

i. Describe in detail the framework for the management reform provided by the Prisons Department; ii. Obtain input and recommendations from all relevant agencies to improve the framework; iii. Know and understand the constraints faced by the agencies in implementing these measures and how to address them; iv. Get other recommendations that could help implement the prison management reform.

They invited 33 agencies, including government and Non-Governmental Organisations. There were 98 participants at the workshop. They were divided into four clusters to discuss in greater detail (i) Security and Correctional Clusters; (ii) Detainees Management Cluster; (iii) Infrastructure & Facility Clusters; and (iv) Local Cluster. All of these clusters were asked to provide inputs and suggestions to improve the framework provided by the Prisons Department.

The refined feedback from the workshop will be considered for inclusion in the prison reform framework before being approved. ANNUAL REPORT 2019 53

5. CHILD ABUSE AT CHILDREN’s SHELTER/HOME IN PERAK AND CHAPTER 1 Children’s Shelter Home in Perak

In February 2019, the Human Rights Commission of Malaysia (SUHAKAM) received complaints regarding child abuse at a Children’s Home. The complaints highlighted three main issues: i. The children at the shelter are beaten by the staff using rattan canes; ii. The staff are verbally abusive to the children; and iii. Allegations that the children have been subjected to sexual abuse by the staff.

As a result, SUHAKAM conducted several meetings with the home, District Police, school, hospital and Welfare Department as well as made field visits, as part of its investigation into the complaint.

Findings SUHAKAM discovered that a few children were beaten. Although the staff said it was to discipline the child, the rattan caused injuries and bruises to the child’s body. Hitting a child is an offence and can be classified as a form of abuse under Section 31 (1) of the Child Act 2001:

“Any person who, being a person having the care of a child— (a) abuses, neglects, abandons or exposes the child in a manner likely to cause him physical or emotional injury or causes or permits him to be so abused, neglected, abandoned or exposed; or (b) sexually abuses the child or causes or permits him to be so abused, Commits an offence and shall on conviction be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding ten years or to both.”

During a meeting with District Police officers, the police confirmed that they received several reports from children who were beaten by one staff member of the children’s home. The police have completed their investigations, and the individual concerned will be charged under Section 323 of Penal Code.

The Welfare Department said it received several complaints regarding the physical and sexual abuse of the children, as well as about a dispute 54 SUHAKAM

among the home’s committee members. However, they discovered that the sexual abuse allegations were baseless. SUHAKAM interviewed the children and none of them said talked about any sexual harassment at the shelter.

Regarding physical abuse, the Welfare Department interviewed the staff, and they denied that the children were beaten but said they would be reprimanded if they did anything wrong. The Welfare Department said it would conduct visits to the home to monitor the children’s welfare and the condition of the premises.

Recommendations The following are SUHAKAM’s recommendations:

i. The Welfare Department needs to close the children’s home until the management conflict is resolved; ii. The relevant stakeholders should monitor the appointment of committee members and ensure that each committee member has a deep interest and willingness to protect the children in the shelter without any personal interest; and iii. The home’s management should ensure that they do not verbally abuse the children. Such a practice should stop immediately and any committee members and/or staff who utter abusive words should be warned and subjected to disciplinary action.

Children’s Home in Penang

SUHAKAM also received a complaint of child abuse at a children’s shelter in Penang from a former staff member.

SUHAKAM interviewed the complainant, guardian and parents of the children in the home, the police Investigation Officer (IO) of the case, the management of the home, and the Penang Welfare Department.

SUHAKAM found that there was no physical or sexual abuse at the home. The complainant lodged the report because he was unhappy over his dismissal.

However, during the investigation, SUHAKAM found other matters which need to be improved at the home: ANNUAL REPORT 2019 55 i. There should be a proper complaints mechanism for the parents or

guardians to raise and discuss any issues concerning their child or CHAPTER 1 management of the children’s home; ii. Before hiring an employee, the administration should check with PDRM whether the person has a criminal record; and iii. The staff and wardens should receive proper training. A different set of skills are needed to manage children effectively.

On a follow-up visit, SUHAKAM found the children’s home had set up a proper complaints mechanism for family members to raise issues. The home also replaced their old wardens with two new ones after cross- checking whether PDRM has any criminal record on them. SUHAKAM was also informed that the Penang Welfare Department would conduct routine visits to the cildren’s home once every three months.

6. CITIZENSHIP OF STATELESS CHILDREN IN MALAYSIA

In the year of review, SUHAKAM received three complaints (as of September) concerning citizenship applications. On 19 March 2019, SUHAKAM sought information on the following from the National Registration Department (NRD): i. The process of the application for citizenship, especially for Malaysians who adopt a baby who is not a citizen; ii. Status for a temporary identity card (Green IC); iii. The NRD’s procedure for citizenship applications; iv. Issues related to late birth registration; and v. Issues pertaining to temporary identity card (H04/H05) for Sabahans.

SUHAKAM received feedback from NRD as follows: i. For an adopted child, the child will follow the citizenship of his biological mother. However, Malaysian parents can apply for citizenship for their adopted child under Article 15A of the Federal Constitution. This is subject to approval by the Ministry of Home Affairs (MOHA). If the application fails, the applicant cannot appeal, but they can make a new application; ii. In the case of stranded children, the application for late birth registration should be made by the Welfare Department. Or if any person finds a child, they must make a police report and send the child to the Welfare Department. The Welfare Department will complete its social report on the stranded child before submitting it 56 SUHAKAM

to NRD for their further action. According to NRD, under Section 7 of the Births and Deaths Registration Act 1957, every birth in Malaysia must be registered. iii. If the couple does not have a marriage certificate, the status of the child’s citizenship will be determined based on his/her mother’s nationality. iv. SUHAKAM raised concerns about delays in the process of applying for citizenship. The NRD informed that several steps need to be completed by their department before they send the application to the Ministry of Home Affairs. SUHAKAM was informed that citizenship is the highest recognition conferred by the government. Thus it is not considered a ‘right’ but is a ‘gift’ from the government.

Next, SUHAKAM will meet with the Ministry of Home Affairs in 2020 for feedback on the process of applying for citizenship.

7. DEATHS IN CUSTODY

This year, SUHAKAM received seven complaints pertaining to deaths in custody. They involve:

i. Ahmad Zahri in IPD Gerik, Perak ii. Gopal Krisnan s/o M. Rajalingam in Sungai Petani Prison, Kedah iii. Soosaimanicckam s/o Joseph in Royal Malaysian Navy Base, Lumut, Perak iv. Ong Ching Kian in Simpang Renggam Prison, Johor v. Orhions Ewansiha Thomas in Bukit Jalil Immigration Depot, Kuala Lumpur vi. Mathan s/o Muniady in Shah Alam, Selangor vii. Mohammed Jakaria Bin Shafiqur Rahman in Immigration Depot, Selangor

The investigations into the first five cases have been completed. The remaining two are still being investigated.

The death of Ahmad Zahri at IPD Gerik, Perak

SUHAKAM received a complaint regarding the death of Ahmad Zahri (detainee) on 19 December 2018 while in custody at the Gerik District Police Headquarters in Perak. A police report was made on 15 January 2019. The complainant was dissatisfied with the cause of her son’s death and claimed that he was beaten while in lock-up. ANNUAL REPORT 2019 57

The autopsy showed that the deceased suffered Massive Gastrointestinal

Bleeding (UGIB) secondary to oesophageal variance with Hepatitis C CHAPTER 1 and cirrhosis of the liver. There is an old scar or scratches on the body. An internal examination showed a change in the colour of the lungs due to smoking, shrunken liver, and damaged bladder. The forensic pathologist confirmed there was no external injury. The results of the post-mortem were explained to the family, and there were no objections from the family.

Conclusion

After receiving feedback from police and forensic doctors, SUHAKAM found no use of force and no bruising on the deceased.

The death of Gopal Krisnan s/o M. Rajalingam

SUHAKAM investigated the death of Gopal Krisnan s/o M. Rajalingam who was on remand at Sungai Petani Prison. He died at Hospital Sultan Abdul Halim, Sungai Petani, on 30 July 2019. There was an allegation that Gopal Krisnan was beaten in prison, leading to his death.

Based on Sections 4 (1) and 12 of the SUHAKAM Act, SUHAKAM began its investigations on 18 August 2019. SUHAKAM conducted three meetings with the Sungai Petani Prison, Forensics Department of Hospital Sultanah Bahiyah Alor Setar, Medical Department of Hospital Sultan Abdul Halim, Sungai Petani, and Kuala Muda District Police. SUHAKAM interviewed 10 prison staff, one medical officer at the prison, two medical assistants and five cellmates of the deceased.

According to his cellmates, Gopal was taken to hospital almost one week after he experienced poor appetite and intermittent fever. During his detention, Gopal Krisnan was sent to the prison clinic four times. On 24 July, he vomited and urinated in his pants while inside the cell. He was then referred to the prison clinic. After an examination, the prison doctor directed that he be taken to hospital for immediate medical treatment.

All the prisoners interviewed denied seeing or hearing prison staff beating the deceased.

The deceased was admitted to a ward for seven days at Hospital Sultan Abdul Halim. He was treated for infective endocarditis and was 58 SUHAKAM

unconscious during his stay in hospital. On 30 July 2019, his renal functions worsened and the doctor commenced cardiopulmonary resuscitation (CPR). He was pronounced dead at 2.30 pm.

The family members were allowed to look at the deceased’s body before the post-mortem. According to the family, there were several red macular lesions on the deceased’s head and foot as well as bruises on the right side of his chest.

The post-mortem by the Forensics Department at Hospital Sultanah Bahiyah Alor Setar showed that infective endocarditis was the cause of death. As for the family’s allegations regarding the red marks and bruises on the deceased’s body, the post-mortem results are as follows:

i. The post-mortem showed no significant mark or injury to the body that could have caused or contributed to his death at that moment in time; ii. The various red macular lesions and ecchymosis described were not evidence of inflicted injuries, but were iatrogenic artifacts attributable to his hospital stay; iii. The circular intradermal bruises on the right side of his chest were not inflicted injuries, but iatrogenic artifacts produced by the ECG lead placement; iv. The examination of his heart showed the presence of infective endocarditis of his mitral valve; v. The splinter haemorrhages and the Janeway lesions were not evidence of inflicted injuries. Instead they were the cutaneous manifestations of his infective endocarditis; vi. The subarachnoid haemorrhages and his brain lesions were not evidence of inflicted injuries. They were sequelae to his infective endocarditis.

The death of Soosaimanickam s/o Joseph

SUHAKAM investigated the death of Soosaimanicckam s/o Joseph at Lumut Armed Forces Hospital during his training as a Graduate Cadet officer of the Royal Malaysian Navy at KD Sultan Idris 1 (KDSI 1)on 19 May 2018. ANNUAL REPORT 2019 59

SUHAKAM took the following actions: CHAPTER 1 i. Recorded a statement from the deceased’s brother. ii. Met with the Royal Malaysia Police Investigation Officer. iii. Met with Seri Manjung Hospital and interviewed the doctor who conducted the post-mortem on the deceased. iv. Visited KDSI 1 and interviewed cadets and officers relevant to the case. v. Met with the next-of-kin to get further clarification on the health of the deceased. vi. Met with the doctor from HAT who confirmed the death of the deceased. vii. Met with the Manpower Branch of the Malaysian Armed Forces. viii. Recorded statements from cadets who left the training without completing it.

The family made several allegations. The findings of SUHAKAM’s investigations are as follows: i. Allegation of not explaining the cause of death in detail The next-of-kin alleged that they were not given a detailed explanation of his death by the Seri Manjung Hospital. The final post- mortem report and the forensic specialist’s post-mortem report were also notgiven to them.

SUHAKAM was informed that Seri Manjung Hospital invited the deceased’s brother for a meeting to explain the outcome of the final post-mortem report on September 6, 2019. However, the meeting was not held because the brother refused to attend without his lawyers.

SUHAKAM takes note that the deceased’s brother met with the Seri Manjung Hospital authorities for further explanation of the post- mortem report earlier in 2019, but he was not convinced as the Hospital was unable to provide the post-mortem report by a forensic specialist. The Seri Manjung Hospital informed him that in sudden death cases, where there are no criminal elements, the post-mortem is not be done by a Forensic Specialist. As such they were unable to produce a report by a Forensic Specialist. ii. Allegation of lack of transparency in the internal investigation conducted by the Malaysian Armed Forces. The complainant claims that the internal investigation by the Armed Forces was not transparent as the next-of-kin were not called to give a statement on the background of the deceased before he 60 SUHAKAM

joined the training. Also, they were not informed of the outcome of the investigations. SUHAKAM was informed that the Board of Inquiry (BOI) conducted an internal investigation into the death. The Camp Commandant explained that he had informed the next-of-kin of the findings of the report verbally during his visit to the house of the deceased to hand over a cheque from Tabung Amanah.

SUHAKAM found that the BOI interviewed several cadets who left the training halfway but did not incorporate their statements in the report. SUHAKAM also interviewed these witnesses. The outcome of the inquiry was that there was an incident of human rights violation before the cadet died.

iii. Allegation of no action by the Police The complainant claims that the police did not conduct any significant investigation because they informed the next-of-kin it was a case of sudden death and that there were no criminal elements, even before their investigations. SUHAKAM was informed that as there were no criminal elements the case was assigned to an Investigation Officer (IO) from the non-Criminal Investigation Branch. The IO said that he did not find any criminal elements and, if he had, he would have informed the Criminal Investigation Division to take over the case. The IO said he interviewed 25 witnesses from the KDSI but not the cadets who left the training halfway. The IO completed his investigation and submitted the investigation paper to the Deputy Public Prosecutor (DPP) and the DPP ordered an inquest. The inquest began on September 24, 2019.

iv. Allegation of coercion during a water-based activity The Complainant claims that the deceased and other cadets were forced to walk into a muddy swamp and that the trainers forcibly submerged the cadets into the mud. By doing so, perhaps, the deceased might have drunk the water and bacteria or germs from the swamp water might have been one of the factors causing his death.

SUHAKAM found that the activity in the muddy swamp was during orientation and part of the resilience activity. Based on statements taken from the cadets, they were not submerged in the muddy swamp forcibly by the trainers. They said they completed the activity by themselves and the water level was up to the hip of an average person. This activity lasted a short period. ANNUAL REPORT 2019 61 v. Allegation of denial of access to medical care

The next-of-kin believes that his brother was denied access to CHAPTER 1 medical care. As such, the doctor was unable to identify any health issues faced by the deceased and subsequently was incapable of providing proper treatment at the right time, which eventually lead to his brother’s death.

SUHAKAM found that deceased did not request medical aid at HAT. He only reported to the officer on duty about a few minor wounds on his arms. Cadets are not allowed to go to HAT for minor injuries and the officer on duty will usually provide first aid treatment. However, the deceased did request leave from the physical activity trainer not to attend physical training. The trainer could not just do so, but advised the deceased to report to HAT and to get an official medical certificate. The deceased complained to other cadets that he was incapable of following the next training and they advised him to report to HAT as well. However, the deceased declined to report to HAT. Every day before the training, the physical trainer asks all the cadets whether anyone is unwell and needs to report to HAT but the deceased did not ask to report to HAT. To report to HAT, the cadets need to fill up a medical slip and the officer on duty must sign the slip. There was such a slip in the deceased’s bag. However, the slip only had the name of the deceased and the date. It was not signed by the officer on duty. vi. Allegation of violence The next-of-kin alleged that the deceased was tortured late at night on 12 May, 2018. The family claimed that the deceased sent a text message via WhatsApp to them the early morning of 13 May, 2018 saying that all the cadets were tortured and were all only allowed to sleep at 4 am.

SUHAKAM found that on 12 May 2018 all the cadets were involved in several briefing sessions, documentation process and rehearsal for the Oath Taking Ceremony. The activities on that date ended late and cadets were then released to get ready for the next day. Statements from all the witnesses were consistent on this matter, that is, there was no physical violence that occurred on that date. The ‘torture’ that the deceased meant was probably not in the form of physical torture but he might have meant mental torture, as it was their first day at KDSI 1 and they were all kept busy with procedural activities from morning until late night. SUHAKAM investigated the 62 SUHAKAM

cadets who were in training and those who left. However, the findings were not consistent. The cadets still in training said there were no human rights violations involving the deceased throughout the whole week whereas cadets who left said a senior officer had slapped the deceased multiple times because he was unable to cope with the training. As penalty, the deceased was also isolated from the other cadets and forced to complete double the physical training compared to the other cadets. SUHAKAM believes that the incident of being slapped by a senior officer could not be a direct contributing factor to his death. However, forcing the deceased to complete physical training despite his weak condition and poor performance may be the main reason the deceased developed Rhabdomyolysis1 that subsequently leads to Pulmonary Odema (liquid in lungs) which caused the death of the deceased.

Based on its investigations, SUHAKAM made the following recommendations for the relevant agencies:

i. SUHAKAM recommends the Ministry of Health conducts a thorough medical investigation to determine a more particular cause of death. In this case, no specific cause of death was able to be identified via the post-mortem. ii. The Ministry of Health should strengthen the cooperation between Hospital Seri Manjung and HAT. In this case, two different doctors from the respective hospitals handled the deceased’s body. The doctor from HAT confirmed the death, took some blood samples and came up with his findings. The doctor from Hospital Seri Manjung conducted a post-mortem and came up with his conclusions as well. If both doctors were in communication prior to the post-mortem, they could have incorporated both their findings and probably been able to identify a more specific cause of death. iii. In cases of conflict of interest of the witnesses (cadets), PDRM should independently call for witnesses rather than just interview those provided by the KDSI officers. iv. The BOI should inform the next-of-kin formally of the findings of the internal investigation as this would increase their trust in the BOI investigations.

1 Rhabdomyolysis is the breakdown of muscle tissue that leads to the release of muscle fibre contents into the blood. These substances are harmful to the kidney and often cause kidney damage – Source: US National Library of Medicine; https://medlineplus.gov/ency/article/000473.htm ANNUAL REPORT 2019 63 v. The KDSI 1 should immediately send cadets with poor physical or

health condition during the training to HAT for a proper medical CHAPTER 1 examination. This should be done even if the cadet is reluctant to seek medical treatment at HAT. vi. SUHAKAM recommends and takes note that the training module for the cadets will be revised to suit older cadets who join the training. vii. The Manpower Division of the Armed Forces should not compromise in terms of the health screening and physical assessment of a cadet during the second stage of the interview.

The death of Ong Ching Kian at Simpang Renggam Prison

On 8 August 2019, SUHAKAM received a complaint on the death of a Singaporean convict on death row in the Simpang Renggam Prison in Kluang, Johor. The convict had allegedly committed suicide in his cell on 20 May 2019.

A SUHAKAM delegation visited the Simpang Renggam Prison and met with the Forensics Unit of the Hospital Enche’ Besar Hajjah Khalsom in Kluang.

The following were SUHAKAM’s findings: i. Based on the feedback of the Forensics Unit, the deceased experienced a compression of his neck from a plastic rope used to hold coarse sugar. The compression stopped the oxygen in his blood from reaching his brain. His trachea was strangled, and it was impossible for him to breath. The Forensics Unit verified that there were no traces of fibre under his nails and the deceased did not struggle to save himself from the rope that he was hanging by. ii. According to the warder, he was ordered by the Prison Inspector to check the cells of death row convicts every 10 minutes. SUHAKAM found out that the Prison had brought the deceased to the Prison Clinic a day before he was found hanging from the door of his cell. The Prison informed SUHAKAM that the deceased had tried to commit suicide by slashing his wrist the day before he was found hanging in his cell. iii. The psychologist who was just transferred to the prison in 2018, said he did not receive any report on the mental state of prisoners. He believed that the prisoners‘ mental state was previously not documented for the reference of psychologists-in-charge. He took the initiative in March 2019 to record the mental state of prisoners, 64 SUHAKAM

including the deceased, through two psychological tests namely the Depression, Anxiety and Stress Scales (DASS) and Multidimensional Self-Esteem Inventory (MSEI). The results of the deceased’s mental state in March 2019 was that he was normal.

Recommendation

• The Prison must monitor prisoners as best as possible to prevent any suicides, although it is not always possible to thwart them from taking their own life. That is more so when the prisoner has a mental health issue and it is beyond the warders’ control to prevent suicide. SUHAKAM recommends that warders who guard the blocks, especially those housing prisoners on death row, be given training in basic psychology so they can identify any strain, suicidal ideation and symptoms of depression. • The action taken by the Prison to watch death row cells every 10 minutes as reasonable. However, suicidal prisoners might commit suicide anytime and as such SUHAKAM recommends that prisoners who are identified as suicidal be given special care and attention. Their cell should be close to the place where warders can take immediate action. SUHAKAM recommends prisoners attempting to commit suicide be referred to a psychiatrist at the nearest hospital. • SUHAKAM recommends that the Prisons Department collect data and statistics on suicides in prisons across the country to formulate preventive measures and to train warders in addressing such incidents.

The death of Orhions Ewansiha Thomas in Bukit Jalil Immigration Depot, Kuala Lumpur

SUHAKAM initiated an investigation into the death Nigerian student Orhions Ewansiha Thomas while he was detained at the Bukit Jalil Immigration Detention Centre on 9 July 2019. The Immigration Department arrested him during a raid on 4 July 2019. SUHAKAM recorded statements from 40 witnesses, that is, Immigration officials and police, family members, friends of the deceased as well as representatives from the university where Thomas was studying.

Thomas died of a heart attack. However, SUHAKAM found several contributing factors may have led to his death. While the deceased informed the authorities that he suffered from high blood pressure, ANNUAL REPORT 2019 65 the depot did not provide the proper dose of medicine to Thomas.

SUHAKAM was informed that the deceased was only given one of the CHAPTER 1 three types of medication that he supposed to consume. SUHAKAM also found that the depot medical officer did not have the appropriate blood pressure cuff for Thomas when he was first screened at the depot. SUHAKAM is concerned over arbitrary detentions, noting that Thomas was apprehended even though he had valid documentation to be in Malaysia.

SUHAKAM recommends the Immigration Department review its standard operating procedures so all detainees are screened medically upon their admission to the depot. Health equipment such as blood pressure cuffs for all sizes should be made available at all depot for use at any time. SUHAKAM also recommends cooperation between the Ministry of Health and Immigration Department to update and supply appropriate remedies, especially for chronic diseases. In addition, the government should place a full-time doctor at all Immigration depots to treat detainees who have health problems.

On the matter of arbitrary detention, SUHAKAM recommends that Section 51(5)(b) of the Immigration Act 1959/68 (Act 155) be revised to reduce the 14-day detention period and for it to go through the court process.

8. CRUEL AND INHUMAN TREATMENT

Allegation of torture of Muhammad Fairuz Ismail bin Mahmad Fuad by IPD , Selangor

The family members of Muhammad Fairuz Ismail bin Mahmad Fuad alleged that he was beaten during interrogation by the Kajang police officers on 9 September, 2018. SUHAKAM was informed that Muhammad Fairuz was being investigated for robbery. He was arrested under the Crime Prevention Act 1959 (POCA) at the Kajang Police Station for 21 days. Among the allegations SUHAKAM received were that the detainee was blindfolded, punched and kicked in the chest, and hit at the feet with a rubber pipe. He was also forced to confess.

SUHAKAM obtained feedback from PDRM on the police reports made by the family and recorded statements from the arresting officers and Investigation Officers (IO). But the allegations of torture were challenging to prove because they were no health records, CCTV footage, witnesses, or injuries. 66 SUHAKAM

SUHAKAM found that there was no medical screening of Muhammad Fairuz during his detention. This contravenes Article 10 of the Lock-Up Rules 1959, as every detainee must be screened by a Medical Officer so that the health status can be recorded.

SUHAKAM found there was no investigation after his arrest. Investigations only began after a remand order was obtained from the Magistrate. SUHAKAM would like to emphasise that the police should investigate crimes before an arrest and to make full use of the first 24 hours after arrest. The authorities must respect the fundamental right of a person to liberty.

SUHAKAM found that the OKT underwent chain remand at several police districts. Although the remand order was in accordance with Section 117 of the Criminal Procedure Code this provision was abused to remand the OKT for more than 14 days by taking him to several districts and obtaining remand orders from different Magistrates. SUHAKAM argues that as a federal body, PDRM can get information from a centralised system. Therefore, investigations can be carried out in one IPD rather than taking suspects to other districts, except for a specific purpose, such as retrieving evidence.

SUHAKAM said that one policeman gave false testimony when he denied his participation in the interrogation. He has committed an offence under the Public Officers (Conduct and Discipline) Regulations 1993, as provided for under Rule 4 (2) (c), (d), (f), (g) and (j) under Section 15 (2) of Act 597, if SUHAKAM finds false evidence, those responsible may be charged under Section 191 of the Penal Code and punishable under Section 193 of the Penal Code which carries a jail term of up to 3 years or/and fine.

Allegation of torture against Mohd Fairuz Ahmad Latiffe in Perlis Correctional Centre

On January 3, SUHAKAM received a report regarding allegations of torture against Mohd Fairuz bin Ahmad Latiffe at the Perlis Correctional Centre. Mohd Fairuz was arrested under Section 39(B) Dangerous Drugs Act 1952 in November 2017 for drug trafficking (generally refers to the sale and distribution of illegal drugs). According to the complainant, Mohd Fairuz was admitted to Hospital Tengku Fauziah (HTF) in Kangar on 24 December, 2018, for treatment as he had high blood pressure and a ANNUAL REPORT 2019 67 brain haemorrhage. The complainant found that there was an impact

injury on Mohd Fairuz’s body. His family members lodged a police report CHAPTER 1 on 30 December, 2018.

SUHAKAM took the following steps in investigating the complaint: i. Obtained feedback from the Investigation Officer of IPD Arau, Perlis; ii. Visited HTF on 13 February, 2019 and gathered input from the doctor who treated Mohd Fairuz; iii. Obtained further information from the complainant on 13 February, 2019; and iv. Visited Perlis Correctional Centre on 14 February 2019, for feedback from the other detainees and his cellmate.

SUHAKAM concluded that there was no evidence that Mohd Fairuz had been tortured. This is based on the following facts: i. The medical assistant at the prison did not find any bruises or injuries on any part of Mohd Fairuz’s body (when he examined Mohd Fairuz before he was sent to the hospital); ii. The doctor in charge in the emergency ward also did not detect any bruises or injuries on Mohd Fairuz except for the wound on his forehead; iii. The prison staff who brought Mohd Fairuz to the hospital said that he fell in the van when the driver hit the brakes. He was then made to lie down in the second-row seat. They said that the injuries and scratches on Mohd Fairuz were from that incident. iv. Fellow detainees and Mohd Fairuz’s cellmate confirmed that there was no violence or torture during their stay in Block Damai.

However, the investigation showed that several actions need to be taken. As such, SUHAKAM submitted its recommendations based on Section 4(2)(b) Act 597 for consideration and improvement purposes. a) Recommendations to Malaysian Prisons Department i. Ensure that any prisoner who is in need of treatment must be taken to the hospital by ambulance The Prison should send detainees requiring hospital treatment via an ambulance. This would help prevent any injury to detainees during their trip to the hospital. 68 SUHAKAM

ii. CCTV Maintenance During their visit, SUHAKAM was informed that the Perlis Correctional Centre was overcrowded. It was holding 1,270 detainees while the capacity is only 600. The prison CCTV system was not functioning due to poor maintenance. This is a potential problem for the officers as there are too many detainees to monitor in each cell. Hence, maintenance of the CCTV is crucial and the issue needs to be addressed immediately to help prison personnel in their surveillance tasks.

iii. Relocation of Detainees Who Require Health Supervision SUHAKAM was notified that the Perlis Correctional Centre did not have a sickbay for medical supervision. As a result of this, a complainant and his lawyer applied to transfer a detainee to Alor Setar prison which does provide such facilities. SUHAKAM recommends that the transfer and relocation detainees who require supervision or intensive care by medical officers should be done immediately. Any delay may affect the detainee’s recovery.

iv. Drug Trafficking Problem in Prison SUHAKAM was informed by the doctor who treated Mohd Fairuz in the emergency ward that the latter was under the influence of drugs while in detention. Mohd Fairuz was tested positive for drugs and prison authorities isolated him for 4 months in a separate cell. SUHAKAM recommends that prison authorities ensure that drug trafficking does not happen in prison and that they take stern action against those trafficking drugs into the prison.

b) Recommendations to Malaysian Ministry of Health

v. Follow-up and physiotherapy treatment for detainees SUHAKAM observed that there is no follow up treatment for detainees at Tuanku Fauziah Hospital (HTF). It is the responsibility of the prison doctor to monitor the progress of the detainee. However, this process makes it difficult to ensure the detainee gets follow-up treatment because he must obtain approval from the prison doctor before he can be taken to the hospital.

9. DETAINEES AT IMMIGRATION DEPOTS WHO ARE STILL UNDER POLICE INVESTIGATION

SUHAKAM visited several Immigration depots in 2019 and was told of detainees whose deportation orders were suspended by the depot ANNUAL REPORT 2019 69

because of pending police investigations. Some of these detainees

have been detained for over two years. The Immigration Depot informed CHAPTER 1 SUHAKAM that PDRM did not provide them feedback on the status of the investigations. Among the affected depots are Belantik Immigration Depot with 50 detainees up to April 2019 and Machap Umboo Depot with 131 detainees until June 30, 2019.

Suspending the deportation of detainees for a long period can affect their physical and mental health. This action may lead to a violation of their human rights, clearly stated in Article 9, 10 and 11 of the Universal Declaration of Human Rights 1948 (UDHR)2. The maxim “Justice Delayed is Justice Denied” can be applied here. The suspension has also raised the cost to the government in holding detainees.

The Malaysian Immigration Department and PDRM are advised to come out with a better mechanism and improve their communication in order to ensure that detentions ate not prolonged unnecessarily.

10. FORENSICS SEMINAR 2019

1. This seminar is an annual event conducted by the Complaints and Monitoring Division (CMD) to create awareness of the rights of detainees and reduce the number of custodial deaths nationwide. The valuable knowledge from this seminar serves as one of the continuous efforts by SUHAKAM to improve the conditions in detention centres and enhance the role of the authorities and agencies when investigating custodial deaths.

2. This year, SUHAKAM had the honour of inviting Dr. Joseph Andrew D. Jiminez, Medico-Legal Officer IV, Forensics Division, Investigation Office, Commission on Human Rights of the Philippines (CHRP), to share the Philippines’ experience in investigating human rights violations. Common knowledge on investigations conducted by national human rights institutions (NHRIs) was shared during the session. He

2 The Universal Declaration of Human Rights 1948 (UDHR): (i)Article 9 – No one shall be subjected to arbitrary arrest, detention or exile; (ii)Article 10 – Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him; (iii) Article 11 – Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. 70 SUHAKAM

also talked about how the CHRP Forensics Division was established to conduct medico-legal examinations of persons/remains of victims suspected of having been tortured; and assessing the health and condition of persons held (in prison, lock-ups etc.). It would report the findings to the CHRP and courts.

3. Another focus area was the Istanbul Protocol shared by Dr. Joost Jan Den Otter from the International Committee of the Red Cross (ICRC) Malaysia. The Protocol assists in investigating allegations of torture. The module covers the definition of torture and ill-treatment, ethical codes, legal investigation of torture, general interview considerations, international standards and prevention of torture; accountability measures and safeguards against torture for a person deprived of liberty.

4. Speakers from the Ministry of Health (MOH), Attorney General’s Chambers (AGC), the Bar Council, Prisons Department, Royal Malaysia Police (PDRM), Immigration Department Malaysia, and forensic consultants and psychiatrists shared their knowledge and aspirations for the healthcare of detainees in Malaysia.

5. SUHAKAM observed that medical professionals (medical officers, forensic pathologists) in the public health sector play an essential role in detainees’ healthcare as they provide crucial information on the medical history of detainees, especially in cases of custodial death. Their role should be enhanced so as to improve healthcare services in detention centres and reduce the occurrence of death within the system.

6. The two-day seminar, which was held on 19-20 November 2019 in Kuala Lumpur, discussed various challenges and issues at detention facilities:

a) Lack of resources and services such as a pharmacist, medical care staff and proper facilities to help detainees with disabilities; b) The unhealthy environment in detention centres - poor ventilation and lighting, unhygienic conditions, limited drinking water, no regular change of clothes, and employing the ‘bucket system’ in cells; c) Scabies is a common problem in detention centres; d) The data on deaths in detention centres do not correspond to the definition of death in custody; ANNUAL REPORT 2019 71

e) Foreigners have limited access to legal counsel and are reluctant

to complain about violations of human rights due to their CHAPTER 1 vulnerability; f) Over-crowding: i) The ratio of prison staff to inmates is disproportionate; ii) The increase of inmates affected the budget significantly as well as the facilities to house them; g) Proper medical reports are not provided to the Immigration Detention Centre when foreign detainees are handed over from other enforcement agencies. This may affect their health if they have existing medical conditions. There is also a lack of medicine and medical assistants (MA) and limited medical facilities; h) Depression and bipolar disorder are common among prisoners/ detainees. The doctors and prison officers lack training and experience in dealing with these medical conditions and may fail to report any psychiatric illness; and i) Lack of funding for psychotropic medication and only a small portion of the budget is allocated to the psychiatric department.

Forensics Seminar in Kuala Lumpur. 72 SUHAKAM

Recommendation

a) Create a conducive environment in detention centres, in compliance with international standards, and ensure that they are equipped with facilities for persons with disabilities; b) Validate screening tools that help prison and detention centres understand clearly psychiatric illness and what assistance is needed; c) Establish an Independent Medical Unit to record and report allegations of ill-treatment or torture; review standard operating procedures (SOPs) to enable the above and ultimately to reduce deaths from ill health and/or ill-treatment; d) Increase the ratio for detention personnel and inmates; e) Identify and diagnose health issues among the staff; f) Provide training and career development opportunities for all personnel.

11. PUBLIC INQUIRY INTO THE DISAPPEARANCE OF INDIVIDUALS

In the 2018 Annual Report, it was reported that SUHAKAM convened a public inquiry into the disappearance of Pastor Raymond Koh and Amri Che Mat. The inquiry into Pastor Raymond Koh’s disappearance commenced on 19 October 2017 and concluded 8 December 20183. A total of 16 witnesses testified. The inquiry into Amri Che Mat’s disappearance began on 22 January 2018 and ended on 31 October 2018. There were 24 witnesses in total. In 2019, all the parties in the Public Inquiry gave written and oral submissions to the panel. Subsequently, the inquiry panel announced its findings on 3 April 2019. (The full report is available at www.suhakam.org.my)

The Public Inquiry concluded the following:

3 The inquiry into Pastor Raymond’s disappearance was temporarily ceased in deference to a letter dated 15 January 2018 from the police informing the panel that a suspect has been charged in court for an offence under section 365 of Penal Code in relation to the disappearance of Pastor Raymond Koh. The police cited section 12(1) of Human Rights Commission of Malaysia Act 1999, which provides that SUHAKAM may not investigate complaints which are the subject matter of proceedings pending in a court of law or which have been finally decided in court. Subsequently, after hearing from all the parties, the inquiry panel members announced that they will proceed and continue the hearing in the Public Inquiry into the disappearance of Pastor Raymond Koh as the subject matter (in ToR) was not the same as in the court proceedings. ANNUAL REPORT 2019 73 i. Enforced Disappearance by Agents of the State

The Panel is of the considered view that the enforced disappearance CHAPTER 1 of Pastor Raymond Koh and Amri Che Mat was carried out by the agents of the State namely, the Special Branch, Bukit Aman. Their disappearance falls within the definition of the first limb of Article 2 of International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED). ii. Enforced disappearance by Non-State Agents The Panel finds there is no evidence to support the contention that Pastor Raymond Koh and Amri Che Mat were abducted by persons or group of persons acting with the authorisation, support or acquiescence of the State.

Recommendations of the Panel of Inquiry4 i. Authorities to respect freedom of religion as a fundamental human right The fundamental right to freedom of religion is explicitly set out in the UDHR as well as Article 11(1) of the Federal Constitution of Malaysia, read with Article 11(4) which states that “state law and, in respect of the Federal Territories of Kuala Lumpur, and Putrajaya, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam”. Freedom of religion is also recognised in the International Covenant on Civil and Political Rights (ICCPR), the Declaration on the Elimination of all Forms of Intolerance and of Discrimination Based on Religion or Belief, and resolutions of the UN Human Rights Council and General Assembly. ii. Demarcation between the police and religious authorities The Panel is of the view that the police should not be involved in religious matters unless the situation warrants such an intervention. A clear demarcation must be drawn up, shared with the public and enforced accordingly. The Panel recognises that there are situations where police assistance is needed to ensure that law and order are maintained. Therefore, there must be clear SOP for police intervention. It must be emphasised that intervention should only be exercised in situations of real, grave and imminent threat to national security.

4 Public Inquiry into the Disappearance of Pastor Raymond Koh: Final Decision, 61-68. 74 SUHAKAM

iii. Reform of Police Standard Operating Procedures Investigation papers In the interests of justice and public interest, the Panel is of the view that documents such as the sketch plan of the scene should be declassified, be produced and admitted as evidence in the Public Inquiry to facilitate the Panel’s investigation.

Cases of missing persons, abductions and disappearances In view of the Panel’s finding that Pastor Raymond Koh and Amri Che were victims of enforced disappearance, the Panel urges the police to reclassify both cases as an enforced disappearance case from a missing persons case and to re-investigate accordingly.

Role of Special Branch The Panel recommends that the Special Branch is made accountable and its powers and responsibilities are spelt out in the law so that it can function impartially and independently. The term ‘security’ must also be clear to avoid the abuse of power. These changes will put the agency under scrutiny but will increase its accountability.

Independent Police Complaints and Misconduct Commission (IPCMC) Counsel for the families of Pastor Raymond Koh and Amri Che Mat and from the Bar Council submitted that an integral part of the primary investigations into the disappearance of the above individuals would be to investigate the conduct of the police investigation to date. This is based on their belief that the police investigation was a cover-up. This situation supports the call by the Bar Council to establish the IPCMC so that allegations against the police can be properly addressed.

iv. Set up a Special Task Force to investigate the disappearance of Pastor Raymond Koh and Amri Che Mat The Panel recommends that a Special Task Force be set up to re- open and re-investigate the cases of Pastor Raymond Koh and Amri Che Mat as enforced disappearances, instead of missing persons. The Special Task Force should comprise independent investigators to be appointed by the Attorney General.

v. Legal reform Amendments to the law in Malaysia The Penal Code and Criminal Procedure Code should be reviewed to incorporate enforced or involuntary disappearances as a specific category under missing persons. ANNUAL REPORT 2019 75

Ratifying international instruments

The Malaysian Government should ratify ICPPED as it provides CHAPTER 1 guidelines on identifying elements of enforced disappearance and clearly outlines the role of the government in investigating the offence and other related offences.

Pursuant to the findings and recommendations of the Public Inquiry, Home Minister Tan Sri announced on 8 May 2019, the setting up of a special task force to look into the findings, giving them six months to complete their investigations. The task force has not announced any progress in or the status of its investigations as yet.

12. WORKING MEETING WITH INSPECTOR GENERAL OF POLICE i. SUHAKAM met with YDH Dato’ Abdul Hamid Bador, the Inspector General of Police (IGP) on August 21, 2019, and discussed positive cooperation between SUHAKAM and PDRM, as well as issues of mutual interest. ii. The ongoing positive cooperation between SUHAKAM and PDRM is helping provide human rights training for police at all levels. Knowledge and awareness of human rights principles should be applicable to PDRM members, right from recruitment. SUHAKAM is also looking into the possibility of PDRM conducting human rights training for their members through the introduction of a Human Rights Module published by SUHAKAM. Among the partnerships formed were the establishment of a Custodial Medical Unit at PDRM- centralised lock-ups. iii. SUHAKAM welcomes PDRM’s acceptance of SUHAKAM’s recommendation for a visit without notice to all lock-ups in Malaysia. SUHAKAM is of the view that efforts to uphold the integrity and preparedness of the PDRM are important as well as ensuring that lock-ups under PDRM supervision uphold human rights principles and standards. iv. SUHAKAM also discussed the complaints it received regarding the practice of chain remand that appears to violate human rights principles. PDRM responded that chain remand is not employed in all cases and that the process itself is in line with the IGP’s Standing Order No. 6. However, SUHAKAM considers the practice needs to be investigated further and refined because a person should be charged in court with committing an offence if police have evidence against the suspect. If PDRM cannot present evidence, the detainee should be released. 76 SUHAKAM

v. Following visits to police lock-ups, SUHAKAM has recommended to the Government that it provides PDRM with the latest equipment and facilities to ensure the highest quality of services from PDRM. This is also to ensure the welfare of PDRM members is maintained.

13. WORKING MEETING WITH THE CHIEF COMMISSIONER OF THE MALAYSIAN ANTI-CORRUPTION COMMISSION (MACC)

i. SUHAKAM held a working meeting with YDH Ms Latheefa Koya, the Chief Commissioner of the Malaysian Anti-Corruption Commission on August 16, 2019 to discuss issues related to corruption and human rights. SUHAKAM, under Section 12 (1) of Act 597, also receives complaints regarding corruption. ii. The matter of drugs being smuggled into detention centres has often been raised during SUHAKAM’s visits to these places. Smuggling occurs because of a lack of integrity and misuse of power among staff who have contact with detainees. The fact that the SOP is weak and not very transparent make it easy for corrupt activities to thrive. The MACC is aware of the misuse of power by the authorities and will work earnestly to investigate and combat corruption in places of detention. iii. The MACC also guaranteed that any individual who provides information relating to corruption will be protected. These include vulnerable groups such as refugees dan asylum seekers. SUHAKAM will not compromise and will continue to investigate complaints of misconduct and corruption. SUHAKAM welcomes the MACC’s assurance as individuals who have information on corruption can submit their complaints to MACC without fear of being threatened by any party.

14. ROUNDTABLE DISCUSSION ON THE ISSUE OF CHAIN REMAND BY POLICE

The Complaints and Monitoring Division, in collaboration with the Law and International Treaties Division, jointly held a roundtable discussion on chain remand arrests on 26 November 2019. It was attended by 46 representatives of various government agencies and civil society associations, legal practitioners and academics to provide input and views on complaints and issues related to chain remand arrests. ANNUAL REPORT 2019 77 CHAPTER 1

Roundtable discussion on chain remand arrest.

As a result of this discussion, SUHAKAM recommends that the following actions be undertaken by the Judiciary (the Magistrate), enforcement agencies (PDRM) and legal practitioners (Bar Council):

The Magistrate i. The Magistrate should ensure that the provisions under Section 117, especially in subsections (3) to (7), are met before an application for remand is approved; ii. The Magistrate should ensure that each IO submits a complete investigation journal with all the information, as required under Section 119, before remand is approved; iii. The Magistrate should review the OKT’s detention record before approving a remand application, for example, whether he went to the authorities voluntarily; iv. The Magistrate should order PDRM not to re-arrest OKT within 48 hours; v. The Magistrate should play the role of check and balance. He or she should assure the OKT of his right to speak freely and without fear of whether he had suffered any abuse from the time of his arrest and if he had any health problems; vi. The Magistrate should identify OKTs without legal presentation and arrange for assistance from YBGK; vii. The Magistrate should release the OKT temporarily pending the results of a urine test and not issue a remand order; 78 SUHAKAM

viii. It is recommended that a filing system containing records of the OKT be created, and for the Magistrate and prosecutor to have access to it to monitor and have the full information about an OKT, when determining a remand application; and ix. The Magistrate to require all OKT to undergo a health screening and only remand those who are fit to be detained.

Royal Malaysia Police (PDRM)

i. The police should conduct thorough investigations and gather all the necessary information before any OKT is detained; ii. The police should be provided with the latest equipment and technologies so the investigation process can be more efficient; iii. The police should stop holding OKT in several districts and detaining them under preventive detention laws like the Prevention of Crime Act (POCA) 1959. This process is open to abuse of an OKT’s human rights. If police have evidence of a crime the OKT should be prosecuted in open court; and iv. The investigation and detention of an OKT should be under one IPD only, even though the case may be related to other IPD.

Bar Council

i. It is recommended that all legal practitioners brief OKT on their rights so the OKT can tell them whether their rights have been violated, before meeting the Magistrate; and ii. It is recommended that the list of legal aid lawyers and YBGK’s address is available in every police lock-up and made known to the OKT.

THE WAY FORWARD

SUHAKAM will continue to protect human rights through its Complaints and Monitoring Division. The division plans to continue its audit visits to ensure that detention centres comply with human rights standards. SUHAKAM will be focusing on climate change issues by conducting capacity building sessions for its staff and investigating complaints on related matters. SUHAKAM will also organise strategic meetings of experts to address the problem of scabies at detention centres. Finally, SUHAKAM hopes that the establishment and launch of a custodial medical unit at five centralised police lock-ups will take place in 2020. ANNUAL REPORT 2019 79 CHAPTER 1

1.4 COMMUNICATION AND INTERNATIONAL ENGAGEMENT

OVERVIEW

SUHAKAM continued to strengthen its collaborations with other NHRIs and networks, as well as its contributions to UN mechanisms. As a member of various international networks and in partnerships with international organisations, SUHAKAM was able to increase its capacity further and strengthen its recognition on the regional and global level as a serious proponent of human rights both at home and abroad.

In addition, SUHAKAM continued to play a strategic role in building relationships with the media, as well as to inform and educate stakeholders on SUHAKAM and its public policy positions. The ongoing relationship between SUHAKAM and the media is vital in order to maximize positive coverage of human rights when SUHAKAM issues its comments and press statements. It generates publicity for SUHAKAM’s activities and expand the options to promote, empower and provide education on human rights through various mediums, such as videos, publications, libraries etc.

A. INTERNATIONAL COORDINATION

1. Universal Periodic Review

The Universal Periodic Review (UPR) is a mechanism of the Human Rights Council. It’s where the human rights record of all UN Member States undergo a peer review every 4.5 years.

On 14 March, Malaysia’s Working Group Report for the Third UPR was considered and adopted at the 40th Regular Session of the Human Rights Council. Of the 268 recommendations received, the government fully accepted 147 recommendations, partially took 37 recommendations and noted the remaining 84 recommendations.

While an encouraging step forward, SUHAKAM hopes that the government will commit to accepting more recommendations. In particular, those related to the accession of the six remaining core 80 SUHAKAM

human rights treaties, the withdrawal of all reservations to existing treaties, and raising the minimum age for marriage to 18 years. Other instruments requiring ratification are the 1951 International Convention on Refugees, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

From 30 – 31 October, UPR Info, in partnership with Aurora Consultancy organised a Regional Workshop on Human Rights Monitoring for the UPR for national human rights institutions (NHRI) from Asia and the Asia Pacific Region. The workshop aimed to strengthen and promote NHRI engagement in the follow-up and implementation of UPR recommendations.

Table 9: Classification of Recommendations for Malaysia’s rd3 UPR

Breakdown of Acceptance No. Classification of Recommendations Received Accepted Percentage Accepted In full In part Noted 1. International Obligations 57 21 37 15 6 36 2. Civil and Political Rights 50 37 74 20 17 13 3. Economic, Social and 54 49 91 42 7 5 Cultural Rights 4. Vulnerable Groups 97 65 67 55 10 32 5. Trafficking in Persons 11 11 100 10 1 0 6. Discrimination 3 1 33 1 0 2 7. National Unity and Social 5 5 100 5 0 0 Cohesion 8. Human Rights Education 3 3 100 3 0 0 and Training 9. Sustainable Development 4 4 100 4 0 0 Goals and Development 10. Counter-terrorism 1 1 100 1 0 0 11. Human Rights Defenders 2 2 100 0 2 0 and Journalists 12. Judiciary 1 1 100 1 0 0 13. Corporal Punishment 2 0 0 0 0 2 14. General Recommendations 2 2 100 2 0 0 on the Promotion and Protection of Human Rights TOTAL 292 202 69 (ave) 159 43 90 Note: The total number of recommendations in this table is more than the 268 recommendations as some appeared in more than one category and thus, counted more than once. The overall percentage of accepted recommendations is 69%. ANNUAL REPORT 2019 81

SUHAKAM organised UPR Consultations with the State Governments

of Sarawak and Sabah from 25 – 26 November. The purpose of the CHAPTER 1 consultations was to brief state government officials on the UPR process and discuss the implementation of accepted recommendations. The Ministry of Foreign Affairs and Legal Affairs Division of the Prime Minister’s Department were invited to discuss implementation strategies at the federal level. The consultations provided a useful platform for constructive dialogue and in bridging the gap between the federal and state governments.

Consultation with the State Government of Sabah on Malaysia’s Third UPR.

SUHAKAM observed notable efforts by the government since its review in November 2018, namely in the issuance of a standing invitation to UN Special Procedures, for example, Special Rapporteurs, and carrying forth its commitment to conduct half-yearly reviews. SUHAKAM commends the government for its commitment to preparing annual status reports. And SUHAKAM is pleased to note that the Ministry of Foreign Affairs is currently leading efforts to develop the contents of the UPR monitoring matrix.

However, SUHAKAM is of the view that the government can make further improvements in its approach towards the UPR process. SUHAKAM reiterates its call to the government to establish a Permanent Inter- Ministerial Tracking System for effective coordination as well as to educate civil servants and the public on the UPR. 82 SUHAKAM

2. International Participation/Meetings

SUHAKAM is a member of four NHRI networks with each network having its function and objectives.

i. Southeast Asia National Human Rights Institutions Forum The Southeast Asia National Human Rights Institutions Forum (SEANF) is a sub-regional network of six NHRIs: Indonesia (Komnas HAM), Malaysia (SUHAKAM), Myanmar (MNHRC), the Philippines (CHRP), Thailand (NHRCT) and Timor Leste (PDHJ).

As the current chair of SEANF, PDHJ hosted two Technical Working Group meetings and SEANF’s annual meeting in Timor Leste, all of which SUHAKAM attended. Alongside the yearly meeting, PDHJ organised a half-day seminar on “Ensuring the inclusiveness and equality for persons with disabilities”. During the session, SUHAKAM shared its best practices on the promotion and protection of the rights of persons with disabilities. SUHAKAM also shared the main challenges to the promotion and protection of persons with disabilities in the Malaysian context. They include the following:

• Lack of penalties or real legal repercussions under the Persons With Disabilities (PWD) Act; • Lack of interest, information or promotion regarding PWD and their challenges; and • Weak enforcement of laws, particularly those relating to building codes

In 2017, SEANF members proposed the development of regional guidelines to assist them in preventing torture effectively. The Association for Prevention of Torture (APT) was invited to provide technical support. The SEANF Guidelines on Torture Prevention is expected to be completed by the end of 2019.

ii. Asia Pacific Forum of National Human Rights Institutions The Asia Pacific Forum of National Human Rights Institutions (APF) is a coalition of 24 NHRIs from the Asia Pacific Region. The APF promotes and facilitates the capacity-building of member institutions through various programmes. As an ‘A’ status NHRI, SUHAKAM has voting and participatory rights. ANNUAL REPORT 2019 83

The 24th APF Annual General Meeting and Biennial Conference

took place from 3 – 5 September in Seoul, Korea. SUHAKAM CHAPTER 1 attended both sessions and also spoke on the topic ‘Measures to prevent hate and discrimination in all parts of our societies’. iii. Commonwealth Forum of National Human Rights Institutions The Commonwealth Forum of National Human Rights Institutions (CFNHRI) is an international network of NHRIs across the Commonwealth. The objective of the CFNHRI is to build partnerships, share information through experiences and best practices among member institutions and to advance human rights collectively.

CFNHRI hosted a Workshop on Sports and Human Rights from 3 – 5 September in Kigali, Rwanda, which took place alongside the General Assembly of the Commonwealth Games Federation. SUHAKAM participated in the workshop together with the other Commonwealth NHRIs. The workshop emphasised that sport and human rights are interlinked concepts and that every person - regardless of age, gender, disability, religious belief, social background, political opinion, race, ethnicity or nationality - has the right to participate in sports meaningfully. Apart from that, sports can also help promote human rights and sustainable development, and foster cooperation, solidarity, fairness, social inclusion, education and health at the local, regional and international levels. iv. Global Alliance of National Human Rights Institutions The Global Alliance of National Human Rights Institutions (GANHRI) is the international network of NHRIs to promote and strengthen NHRIs’ compliance of the Paris Principles and support NHRI engagement with the UN system and other international organisations. GANHRI currently has more than 100 members, including SUHAKAM.

SUHAKAM attended GANHRI’s Annual Meeting in March 2019. 84 SUHAKAM

3. Contributions and Submissions

In 2019, Malaysia welcomed several country visits from Special Rapporteurs, namely:

• Special Rapporteur in the field of Cultural Rights, Ms. Karima Bennoune; • Special Rapporteur on the situation of human rights in Myanmar, Ms. Yanghee Lee; • Special Rapporteur on Minority Issues, Dr. Fernand de Varennes ; and • Special Rapporteur on Extreme Poverty and Human Rights, Professor Philip Alston

Meeting with the Special Rapporteur on Extreme Poverty and Human Rights, Professor Philip Alston, during his country visit to Malaysia.

In the meetings with the Special Rapporteurs, SUHAKAM provided independent observations, made recommendations and highlighted complaints received concerning the issues concerned.

As an ‘A’ status NHRI, SUHAKAM utilised its participatory rights at the Human Rights Council sessions through oral and video intervention statements. During the 40th Session of the Human Rights Council (25 February to 22 March 2019), SUHAKAM delivered its statements during the adoption of Malaysia’s UPR Working Group Report, the report of the visit by the Special Rapporteur on the Sale and Sexual Exploitation of Children, and report of the visit by the Special Rapporteur in the Field of Cultural Rights. ANNUAL REPORT 2019 85

SUHAKAM also participated in the 42nd Session of the Human Rights

Council (9-27 September 2019) by submitting a written statement on the CHAPTER 1 report of the visit by the Special Rapporteur on the Human Rights to Safe Drinking Water and Sanitation. SUHAKAM urged the government to consider the recommendations of the Special Rapporteurs positively and to implement the recommendations.

Aside from meetings and statements, SUHAKAM engages with the UN’s Special Procedures through submissions. SUHAKAM made its first submission to the Special Rapporteur on Extreme Poverty and Human Rights on the state of human rights in Malaysia. SUHAKAM is currently drafting a brief for the Special Rapporteur on Hazardous Substances and Wastes on the contamination of Sungai Kim Kim. To date, SUHAKAM has visited and conducted an investigation at Sungai Kim Kim and met with various government agencies.

4. International Cooperation

On 23 April, SUHAKAM and the National Commission on Human Rights of Indonesia (Komnas HAM) bilaterally signed a Memorandum of Understanding (MoU) on the issue of statelessness in Sabah. The Commission on Human Rights of the Philippines (CHRP) participated as an observer. All three NHRIs also discussed and created a plan of action to be implemented for the next two years. At the time of writing, CHRP indicated that they would sign the MoU as an official party in 2020.

SUHAKAM and the National Human Rights Commission of Indonesia (Komnas HAM) signed a Memorandum of Understanding on the issue of stateless people in Sabah. 86 SUHAKAM

On 14 November, SUHAKAM and the National Human Rights Commission of Nepal (NHRCN) signed an MoU on the Rights of Migrant Workers and people residing in both countries. They developed an action plan and both parties will implement the prescribed activities over a year.

SUHAKAM also signed an MoU with the National Human Rights Commission of Nepal (NHRCN) on the Rights of Migrant Workers.

SUHAKAM facilitated a study visit to Malaysia by the Regional Human Rights Commission (RHRC) of the Bangsamoro Autonomous Region in Muslim Mindanao in the Philippines. The study was to learn about the function of NHRIs, and best practices from SUHAKAM as well as related stakeholders, including but not limited to CSOs, NGOs and government partners. During their visit, the RHRC participated in a session of ‘SUHAKAM Bersama Masyarakat’ and a visit to the Orang Asli village of Pulau Carey. ANNUAL REPORT 2019 87

B. MEDIA RELATIONS CHAPTER 1 1. Press Statements and Press Conferences

This year, SUHAKAM issued 44 press statements addressing various human rights issues affecting several vulnerable groups. They touched on Orang Asli/Asal land rights, protection against discrimination in the employment process, alternatives to placing children in detention centres, and the right to a clean and sustainable environment. The statements also covered SUHAKAM’s stance on the responsibility of legislative bodies to review, repeal or amend security laws that breach fundamental liberties, among others. SUHAKAM also issued statements to commemorate United Nations International Days relevant to human rights and publicise its activities and events for the year.

MRD held the following press conferences in 2019: i. Joint Press Conference with SUARAM to highlights issues concerning children detained under POCA. ii. Press Conference on the decision of the public inquiry into the disappearances of Amri Che Mat and Pastor Raymond Koh. iii. Press Conference on the launch of the joint report between SUHAKAM and Fortify Rights, a non-profit organisation, on the discovery of the mass graves at Wang Kelian. iv. Press Conference on the release and launch of SUHAKAM’s 2018 Annual Report. v. Press Conference on the National High-Level Dialogue (NHLD) on Business and Human Rights. vi. Press Conference on the Regional Dialogue on Malaysia’s Accession to the UNCAT. vii. Press Conference to introduce the new commissioners of SUHAKAM for the term 2019-2022. viii. Press Conference on SUHAKAM’s 20th Anniversary. ix. Press Conference on 2019 International Human Rights Day Celebration. 88 SUHAKAM

Press Conference on 2019 International Human Rights Day Celebration.

2. Media Interviews and Other Coverage

SUHAKAM Commissioners appeared on “Let’s Talk with Sharaad Kuttan”, an interactive interview TV show that focused on various topics concerning human rights.The interview touched on the following:

i. Human Rights and Islam ii. Process of ratifying ICERD iii. OKU Rights in Malaysia iv. Human Rights in Sarawak v. Wang Kelian Human Trafficking vi. Findings of the public inquiry into the disappearances of Pastor Raymond Koh and Amri Che Mat vii. SUHAKAM - Resistance to Human Rights Discourse viii. Challenges in Teaching Human Rights, ix. Understanding human rights - Is the law sufficient?

SUHAKAM also appeared on radio and other broadcast interviews, and in newspapers, on on-going human rights issues such as enforced disappearances, actions/activities that impact the livelihood of the local community (farmers, fishermen and plantation workers), ratification of international human rights treaties and SUHAKAM’s 20-year journey as the National Human Rights Institution in Malaysia. ANNUAL REPORT 2019 89

3. Meet The Press 2019 CHAPTER 1 The media has a crucial role and responsibility in disseminating information, raising awareness, informing and educating people about human rights. In appreciating the support of its media partners in covering human rights issues in Malaysia, as well as strengthening the cooperation between both parties, SUHAKAM invited representatives from all media outlets to Meet the Press event at the Sheraton Imperial Hotel Kuala Lumpur on 21 February 2019.

YB , Malaysian Minister of Communications and Multimedia, officiated at the event. Subsequently, the documentary ‘Hak Yang Hilang’ by Datuk A. Kadir Jasin, Communication and Media Advisor to the Prime Minister was screened. A dialogue session with the press entitled “The Fourth Estate: Brave & Ethical Journalism in Malaysia Baharu” followed. SUHAKAM also presented its planned activities for 2019.

YB Gobind Singh Deo, Malaysian Minister of Communications and Multimedia officiates the ‘Meet the Press 2019’. 90 SUHAKAM

4. Multimedia and Creative Content

SUHAKAM took part in a digital storytelling project by the Asia Pacific Forum of National Human Rights Institutions (APF). The purpose of the project was to encourage NHRIs to raise awareness on human rights issues, engage with the community and advocate for effective change through creative means. Through an APF grant, SUHAKAM produced a digital story focusing on the physical barriers faced by persons with disabilities when practising their right to worship. The digital story titled “I Want to Pray” is available for online viewing at SUHAKAM’s Facebook page and APF ‘s YouTube channel.

SUHAKAM is currently working on producing short videos based on its work and international human rights treaties. It is to promote the role of each division and to raise awareness of the treaties. SUHAKAM is also currently in the process of digitising and uploading all creative content, including graphics and videos, online for educational, archival and public usage purposes.

5. Social media

Social media has become a significant platform for the public to express opinions, respond, debate and discuss human rights issues. SUHAKAM has an active social media presence and has expanded our communication to reach global audiences on Facebook, Twitter and Instagram. As of this year, SUHAKAM has 15,900 followers on Twitter, 13,360 likes on Facebook and 685 followers on Instagram. ANNUAL REPORT 2019 91

C. PUBLICATION AND DOCUMENTATION CHAPTER 1 1. Annual Report

The year 2019 was a historic year for SUHAKAM. Having celebrated its 20th Anniversary in September; SUHAKAM received the perfect anniversary gift. Cabinet gave its approval for the 2018 Annual Report to, not only be tabled as per usual practice but debated in the .

That was the first time Members of Parliament are debating Annual Report which is SUHAKAM’s Annual Report. In line with Promise 26 in ’s Manifesto, the historic debate took place on the last day of Third Parliament session for 2019.

This was in line with Article 3 (a) of the Paris Principles5, which states that the essential role of an NHRI is:

“To submit to the government, Parliament and any other competent body, on an advisory basis, either at the request of the authorities concerned or through the exercise of its power to hear a matter without higher referral, opinions, recommendations, proposals and reports on any matters concerning the promotion and protection of human rights; the national institution may decide to publicise them; these opinions, recommendations, proposals and reports, as well as any prerogative of the national institution, shall relate to…”

With the debate taking place in the Parliament this year, and with the expectation and prospect of the same in the coming years, human rights issues should get due prominence and attention by elected representatives and the community at large. Human rights appear in Part II of the Federal Constitution as Fundamental Liberties (Article 5z to 13).

It is the responsibility of all Parliamentarians representing their constituents and as legislators to recognise the issues, and to seek practical and permanent solutions.

5 Paris Principles defined at the first International Workshop on National Institutions for the Promotion and Protection of Human Rights in Paris 7-9 October 1991, and adopted by Human Rights Commission Resolution 1992/54, 1992 and General Assembly Resolution 48/134, 1993. 92 SUHAKAM

On 5 December, Minister in the Prime Minister Department (Law) YB Liew Vui Keong read the motion to debate the report. Following that, 13 MPs delivered statements and raised issues relating to the citizenship rights of children, child protection, the rights of refugees and asylum seekers, Orang Asli land rights, the importance of strengthening SUHAKAM’s independence to enable it to fulfil its mandate, and the need to make debating the SUHAKAM Annual Report an annual practice.

Datuk Liew Vui Keong with Suhakam’s Commissioner during Press Conference in Parliament after Suhakam Annual Report 2018 debate session.

2. The 2019 Human Rights Photography Competition

The 2019 Human Rights Photography Competition held from 1 July to 30 September 2019. The competition is the second such event, with the first one in 2010. The main objective was to raise awareness and educate Malaysians on human rights through photography.

The competition serves to elicit curiosity, and help the public relate to incidents of human rights violations within society and see the need to ANNUAL REPORT 2019 93 take action to prevent or correct such actions. Overall, the competition

achieved its objectives with the theme “Human Rights in Malaysia” using CHAPTER 1 the hashtag #lihathak. Participants may demonstrate their interpretation of human rights and recognise the opportunity for each to play a role in addressing violations that occur.

SUHAKAM received 477 submissions at closing, and 12 photos made it for final consideration. The first prize winner won RM4,000; whilst second and third prize winners received RM2,000 and RM1,000 respectively. The three consolation prize winners received RM200 each. In addition, all entrants also received certificates for participation.

SUHAKAM wishes to congratulate all participants and winners for their submissions and showing interest in the topic of human rights. In short, the competition was successful in connecting human rights with the civilians’ daily life and surroundings.

Table 10: List of Winners for the 2019 Human Rights Photography Competition

Prizes List of Winners Photo Titles Location 1st Prize Mohd Samsi Bin Sumairi Pupus (Lost) Gua Musang, Kelantan 2nd Prize Suzairi Bin Zakaria Hak yang Belum Kuala Koh, Selesai (Incomplete Kelantan Rights/Pending Rights) 3rd Prize Chen Soon Ling Risiko Orang Kurang Petaling Upaya di Jalan Raya Jaya, (Risks faced by Persons Selangor with Disabilities on the Road) Consolation Leong Chee Wai Anak-Anak yang Semporna, Prize Terabai (Neglected Sabah Children) Syadan Bin Ganu Kanak-Kanak Bajau Kunak, Laut Menghadiri Kelas Sabah Bimbingan Insan (Bajau Laut Children Attend Education Classes) Mohamad Alias Bin Hope Kuala Koh, Shakri Kelantan 94 SUHAKAM

Pupus by Mohd Samsi bin Sumairi

Hak yang Belum Selesai by Suzairi bin Zakaria ANNUAL REPORT 2019 95 CHAPTER 1

Risiko Orang Kurang Upaya di Jalan Raya by Chen Soon Ling

Anak-Anak yang Terabai by Leong Chee Wai 96 SUHAKAM

Kanak-Kanak Bajau Laut Menghadiri Kelas Bimbingan Insan by Syadan bin Ganu

Hope by Mohamad Alias bin Shakri ANNUAL REPORT 2019 97

3. Human Rights Corner CHAPTER 1 SUHAKAM continues to raise public awareness and to promote human rights with various stakeholders in the country through a Human Rights Corner (HR Corner) programme set up in a library. Focusing on visits from the local community, the Library Unit will highlight SUHAKAM’s Journals, Bulletins, Reports, Brochures and Pamphlets in specified venues over a certain period.

During the year, SUHAKAM engaged with three bodies to establish a Human Rights Corner on their premises. They are Institut Koperasi Malaysia (Co-operative Institute of Malaysia), Institut Sosial Malaysia (Social Institute of Malaysia) and INTI International University.

It is a good start, and hopefully a good step forward for the future.

Table 11: List of SUHAKAM’s Human Rights Corner in 2019

No. Venue Operational Date 1. Malaysian Cooperative Institute, Petaling 5 August 2019 Jaya, Selangor 2. INTI International University, Nilai, 25 September 2019 Negeri Sembilan 3. Institut Sosial Malaysia, Sungai Besi, 21 December 2019 Kuala Lumpur

HR Corner in Malaysian Cooperative Institute. 98 SUHAKAM

HR Corner in INTI International University.

The Way Forward

SUHAKAM looks forward to working closely with MOFA and the ministries concerned in monitoring the implementation of UPR recommendations, improving the government’s approach toward the UPR process and engagement with other UN mechanisms and will continue to use its regional and international platforms to encourage collaboration as well as strengthen and expand its global networks to address human rights issues of common concern. Through the international MoUs, SUHAKAM will collaborate and support its counterparts in implementing activities as set out in the action plan toward alleviating crossborder issues.

SUHAKAM will also endeavour to strengthen its partnership with the media to promote its work and activities via various media platforms to raise awareness of human rights. Following the excellent response to the photography and video competitions, we believe that any other competitions on human rights organised by SUHAKAM will also attract participation from the public and stakeholders.

In the future, SUHAKAM expects the presentation and debate of the annual report in Parliament will gain more attention and involvement from Members of Parliament (MP). Their participation will show the public that MPs understand human rights and will fight for their communities’ rights. Besides that, we also hope that universities and similar bodies will welcome agreements to set up more Human Rights Corners on their premises. ANNUAL REPORT 2019 99 CHAPTER 1

1.5 COMMEMORATION OF SUHAKAM’S 20TH ANNIVERSARY AND 2019 INTERNATIONAL HUMAN RIGHTS DAY CELEBRATION

Commemoration of SUHAKAM’s 20th Anniversary

Parliament established the Human Rights Commission of Malaysia (SUHAKAM) under the Human Rights Commission of Malaysia Act 1999, Act 597. The Act was gazetted on 9 September 1999 with the inaugural meeting of SUHAKAM held on 24 April 2000.

This year, SUHAKAM celebrated the 20th Anniversary of its founding, with a half-day forum and stakeholder consultation themed “20 years of SUHAKAM & Way Forward” on 12 September 2019. The consultation revisited the progress of human rights in the country and SUHAKAM’s role and contributions to it.

Two panel sessions consist of Prof. Dato’ Haji Mohd Hamdan Adnan, our past commissioner recalling the establishment of SUHAKAM, the challenges it faced and the efforts undertaken to address human rights issues in the initial phase and Dato’ Hj. Nordin Hj. Muhammad from The Prisons Department highlighting that SUHAKAM’s monitoring of prisons and recommendations have helped improve prison conditions. It has allowed prisoners and detainees to have their basic needs and welfare met. As a result of SUHAKAM’s continued advocacy and engagement, there are concrete plans to upgrade the prison system, including adopting a more rehabilitative and restorative justice approach as opposed to a mere punitive culture. The former approach would ultimately lead to the release of productive and rehabilitated ‘ex-prisoners or detainees’ back into the community.

As a representative of civil society organisations, Ms Ivy Josiah, spoke about SUHAKAM’s good work in conducting public inquiries (PI) on matters of public interest. The inquiries are recognised as an additional ‘judicial’ process to the regular judicial system. They have become a platform for victims, who may not otherwise have other means or avenues to turn to, to come to SUHAKAM to seek justice and truth. Civil 100 SUHAKAM

society organisations have often pushed the government to accept the recommendations made by SUHAKAM’s numerous PI reports. The Inquiry on Land Rights of Indigenous People in 2013 was a particularly exceptional report, where SUHAKAM made 18 recommendations, to resolve the customary land ownership issues. More recently, SUHAKAM’s public inquiry into enforced disappearances has reflected its seriousness in upholding the truth for the families of victims. It has included making public its findings, that members of enforcement agencies were the likely perpetrators in the disappearances of Pastor Raymond Koh and Amri Che Mat.

The second session was an interactive question and answer discussion that, among others, talked about SUHAKAM’s approach regarding religion, child marriage, death penalty, indigenous people’s rights, modern slavery and human rights education.

In line with SUHAKAM’s efforts to engage with youths, the afternoon session, designed to hear young people talk about human rights, was streamed live via Facebook. It enabled the human rights message to reach a wider audience and not just those who attended in person.

2019 International Human Rights Day Celebration

Human Rights Day is observed by the international community every year on 10 December. It commemorates the day on which the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR). The UDHR is a milestone document. It proclaims the inalienable rights that everyone is entitled to as a human regardless of race, colour, religion, sex, language, political or other opinion, national or social origin, property, birth or other status.

It denotes the formal inception of Human Rights Day since 1950, after the General Assembly passed resolution 423 (V) inviting all States and interested organisations to adopt 10 December of each year as Human Rights Day. In addition, human rights are at the heart of the Sustainable Development Goals (SDGs) or 2030 Agenda. We cannot drive sustainable development in the absence of human dignity. Human rights are encouraged by the progress made on all SDGs, and the advancement of human rights drives the SDGs. ANNUAL REPORT 2019 101

The main objectives of the celebration were: CHAPTER 1 i. To promote public awareness and support for human rights, and the various organisations, including government departments, dedicated to advancing human rights; and ii. To encourage the spirit of cooperation and interaction between multiple stakeholders, particularly the Government, NGOs and civil society.

Celebrating Human Rights Day on 10 December 2019 at Kuala Lumpur.

This year SUHAKAM co-organised the International Human Rights Day forum themed “StandUp4HumanRights” with the Ministry of Foreign Affairs (MOFA), the Legal Affairs Division in the Prime Ministers Department (BHEUU) and the United Nations Country Team (UNCT) at the Sheraton Hotel. There were 14 speakers, and two events devoted to the launch of the post-UPSR and PT3 Human Rights module (Refer to page 5 for details) and the awarding of prizes for SUHAKAM’s 2019 Photography competition (Refer to page 92 for details). 102 SUHAKAM

YBhg. Datin Paduka Marina binti Mahathir, a notable soco-political activist and writer, delivered the keynote address. She spoke about on-going violations of human rights taking place throughout the world, including the displacement of Rohingyas and the internment of ethnic Uighurs in China, amongst others. She also discussed how some seem to treat human rights as ‘self-centred rights’, that is rights exclusively available to whoever claims it but not necessarily to anyone else; or on how ‘tribalism’ still exists, whereby the fact another ‘tribe’ exists does not matter because it is inherently inferior, for reasons of race, religion and economic status. Datin Paduka Marina also spoke about the slow gains or even reversal in women’s rights, or where minority communities, including those of the third gender, remained threatened and discriminated in Malaysia.

Young people are now pushing back at these injustices and standing up for human rights in their own way, including educating themselves on issues or starting campaigns to right wrongs. Young people have the most to lose if all they can expect of their future is one filled with hate and inequality. Hence adults owe it to the younger generation to take practical steps today for a more progressive, more compassionate and more sustainable future for everyone.

Other issues the forum panellists covered included voting rights and governance, the rights of transgender people and children, climate change and human rights, constitutional rights in Malaysia as well as the need to reform and remove repressive (restrictive) laws which do not comply with human rights principles. The forum also heard from H.E Ms Michelle Bachelet, the High Commissioner for Human Rights who delivered her International Human Rights messages via a pre-recorded message.

The Way Forward

The participation of young people from all communities in the country is necessary to shape and further the human rights agenda for a better future. Everyone’s involvement is needed to combat poverty and save the environment from disaster. The same is required to uphold justice and advocate for peace, accountability and the rule of law; including to build strong policies aimed at ensuring equality and non-discrimination for everyone. ANNUAL REPORT 2019 103

For future Human Rights Day and SUHAKAM anniversary celebrations,

SUHAKAM will make an effort to engage with the rural and marginalised CHAPTER 1 communities, to raise their awareness of human rights. SUHAKAM will also try to engage with distant communities so they can learn more about SUHAKAM and its work in Malaysia.

YBhg. Datin Paduka Marina binti Mahathir who delivered the keynote address, at the 2019 International Human Rights Day celebration at Kuala Lumpur.

CHAPTER 2 SABAH OFFICE 106 SUHAKAM

SABAH OFFICE

OVERVIEW

In line with the Human Rights Commission of Malaysia Act 597 and the SUHAKAM Work Plan 2019, Sabah Office continued to promote and protect human rights through its planned programmes and activities for 2019. It also continued its engagement with the relevant government agencies and civil society organisations in Sabah in organising programmes and activities. These engagements were meant not only to strengthen the cooperation between the SUHAKAM and the government departments in resolving human rights infringements but also to improve the understanding of human rights among officers in the respective organisations.

The year 2019 also saw a growing understanding of human rights issues and the roles and functions of SUHAKAM among the general public that had interactions with the Sabah office through SUHAKAM’s programmes and activities.

1. Awareness Programmes

In accordance with SUHAKAM’s 2019 Work Plan, human rights awareness was the main focus of attention. The following human rights awareness programmes were organised in 2019.

SUHAKAM Bersama Masyarakat (SBM - meet the people programme) in Kiulu, in the sub-district of Tamparuli, Tuaran.

The first SBM programme for 2019 was organised on 18 April 2019 in Kiulu, in the sub-district of Tamparuli, Tuaran, in collaboration with Tuaran District Office. The main objectives of this programme were first, to disseminate and create awareness of the roles and functions of SUHAKAM and secondly, to provide an avenue for the public to lodge complaints on the infringement of human rights. SUHAKAM, as the main organiser of the event, also invited the participation of 40 relevant federal and state government agencies to open exhibition booths and service counters to enable the local population to deal with issues related to the ANNUAL REPORT 2019 107

government delivery system. These government agencies were invited to participate because of complaints on the infringements of human rights associated with the roles and functions of these agencies.

The programme received the participation of about 700 visitors comprising local political and community leaders, civil servants, heads and representatives of civil society organisations, district chiefs, native chiefs, village heads and members of the public residing in the Tamparuli sub-district and surrounding areas. CHAPTER 2

SUHAKAM also received a total of 35 complaints during the event. Among the issues complained about were applications of citizenship and related documentation, application land grants, the increasing price of goods, access to clean water and for medical facilities.

Dialogue session in Kg. Tambisan Darat, Lahad Datu

Sabah Office organised a dialogue session that was attended by about 300 villagers in Kampung Tambisan Darat, Lahad Datu District on 27 February 2019. The dialogue session centred on one issue, that is, Native Customary Rights to land.

Dialogue session in Kg. Tambisan Darat, Lahad Datu. 108 SUHAKAM

In 2013, the Sabah state government approved about 1,100 acres of land, to be alienated under the Communal Title to 387 beneficiaries comprising local inhabitants. However, the beneficiaries were unable to occupy the said land because it was already occupied by some individuals who were not listed as beneficiaries. Although officers from the relevant Sabah State Government agencies were present during the dialogue session, such as the Lands and Surveys Department and Lahad Datu District Office, an immediate solution could not be reached due to the complexity of the matter.

After the dialogue, the follow-up actions taken on this matter were as follows:

• Sabah Office conveyed in writing the predicament faced by the land beneficiaries to the State Lands and Surveys Department; • Sabah Office was informed that the Sabah Chief Minister directed the State Lands and Surveys Department and the Sabah Attorney General’s Office to resolve the matter; and that the Lands and Surveys Department was looking into the matter.

2. HUMAN RIGHTS EDUCATION IN SCHOOLS

The Sabah office also assisted in the on-going of Human Rights Best Practices (HRBP) in School Workshop and Training of Trainers on Post Form 3 Assessment (PT3) and Primary School Assessment Test (UPSR) Human Rights Modules. These programmes are organised by schools during post-UPSR and PT3 exams (Refer to page 5 for details) from 24-26 September 2019, a workshop for primary and secondary teachers was held in Kota Kinabalu, to brainstorm and allow teachers to share their expertise and knowledge on good practices of Human Rights Education.

3. Lecture on Human Rights at Universiti Teknologi Mara (UiTM)

On 16 April 2019, SUHAKAM Vice-Chairman Mr Jerald Joseph delivered a lecture entitled “Human Rights in Malaysia and the Region” at UiTM. The lecture was attended by about 500 lecturers, students and representatives from the state and federal government agencies. ANNUAL REPORT 2019 109 CHAPTER 2

Lecture Series entitled Human Rights in Malaysia and the region in UiTM Sabah campus.

4. Resolution of Complaints

For the year 2019, Sabah Office received a total of 638 complaints, of which 415 were human rights cases. The non-human rights complaints totalling 223 cases were referred to the agencies concerned. As shown in Table 12, out of the 415 human rights cases, complaints related to the right to nationality tops the list with 294; followed by arbitrary arrest, detention or exile with 38; and the right to Native Customary Land (NCR) with 12. 110 SUHAKAM

Table 12: Human Rights Complaints Received by the Sabah Office, 2019

No. Subject of Complaint No. of Cases No. of Cases Solved 1. Right to nationality 294 144 2. Arbitrary arrest, detention, or exile 38 18 3. Right to native customary land 12 0 4. Right to adequate standard of living 4 0 (food, clothing, housing, healthcare) 5. Rights of child 1 0 6. Right to work/employment and 13 3 migrant workers’ rights 7. Right to own property 30 6 8. Right to education 3 1 9. Environmental rights 4 0 10. Others 10 2 11. Right to Life 1 1 12. Freedom and security 2 1 13. Torture or cruel punishment 3 1 Total 415 177

Out of the 415 human rights cases, SUHAKAM Sabah office only managed to resolve a total of 177 complaints or 42.65% of them. Even though the Sabah office has a very positive and cordial working relationship with the relevant federal and state government agencies in resolving the complaints, resolution rate is low due to the following factors:

a) The human rights issues complained are inconsistent with Malaysian laws and government policies. Resolutions can only be achieved through policy changes and amendments of the relevant laws. b) They involved multi-agencies and/or agencies of another country, as in the case of repatriation. c) The capacities of government agencies involved are overstretched, resulting in a severe backlog of cases. A case in point is the late birth certificate registration endorsement by the Magistrates Court, which requires scrutiny of documents and the calling of witnesses. From 2009 until 2017, around 11,146 applications were made for endorsements of late registration of birth under Section 22(3) of the Registration of Births and Deaths Ordinance (Sabah CAP 123). ANNUAL REPORT 2019 111

a) Complaints related to Identification Documents and Nationality

SUHAKAM has been monitoring the issue of statelessness in Malaysia since its inception. According to data captured by Sabah Office, the number of complaints related to official identification documents (such as birth certificates and identity cards) among various groups in Sabah like the indigenous people and children of migrants in Sabah was increasing every year. Some clarification on these complaints were given below. CHAPTER 2 i) Issuance of Birth Certificates

As was mentioned earlier, Sabah Office received a high number of complaints regarding children who are unable to obtain birth certificates, especially from those living in the rural areas of Sabah. It is their right to be registered at birth and to be issued a birth certificate. The birth certificate provides a permanent, official and visible evidence of the state’s legal recognition of the child’s existence as a member of society. However, many children, as shown in the statistics are not in possession of this important document.

Another issue is the late registration of a child’s birth, where the child is issued a “late registration birth certificate”. This document also has a major bearing on educational opportunities when the child reaches school-going age. Under the Registration of Births and Deaths Ordinance (Sabah CAP 123, Sections 22 (3)), a late birth certificate must be endorsed by a First-Class Magistrate in court before the birth certificate can be accepted by the National Registration Department for the purposes of issuing an identification card in Sabah.

Another obstacle in registering the birth of a newborn child is religion. One example is a case involving a female native from Tenom district, in the interior of Sabah. Her MyKAD identifies her as citizen. The MyKAD does not mention her religion, as is the case if one is a Muslim. Therefore, she is a Christian, or so she thought. She never converted to Islam. But after she gave birth on 22 November 2019 and applied to register her child for the birth certificate, the NRD refused to do so because according to their records, her religion is Islam. Therefore, she must get ‘proof’ from the Jabatan Hal Ehwal Agama Islam Negeri Sabah and/or Mahkamah Syariah Negeri Sabah that she is not a Muslim. Until today her newborn child is still without a birth certificate. In this case, the issue of religion should not become an obstacle for the child to have a birth certificate. The child should not be denied the right to have abirth certificate merely because the NRD system says the mother’s religion is 112 SUHAKAM

Islam. The Sabah office believes that there are many more cases like this affecting non-Muslim communities, especially those residing in the rural and far off areas in Sabah.

Apart from receiving complaints, Sabah Office has also been requested to facilitate watching briefs in court cases related to citizenship applications for children born out of wedlock from parents of different nationalities (Malaysian father and non-Malaysian mother). In relation to this issue, it is important to note that, nationality under Malaysia law is patriarchal in nature under Article 14 of the Federal Constitution. However, for a child born out of wedlock, the child’s nationality follows that of the mother.

ii) Recommendations of Birth Registration6

• The time period for registration of births should be extended from the present 14 days to at least three months to give time to those who live in remote areas to register the birth of a child. • It should be mandatory that the registration department registers all applications for birth certificates, including late registrations, without unnecessary delay. • More campaigns should be carried out to inform parents of the necessity to register the birth of their children. • Greater effort should be made to encourage parents whose children were born out of wedlock to register such births to prevent problems for the children when being enrolled for primary school.

SUHAKAM will be engaging the NRD and the Ministry of Home Affairs to achieve an amicable solution to this long-overdue problem which has hampered fundamental rights to citizenship. The new government must exercise its political will to resolve the problem.

b) Issue of Nationality

On the ground, statelessness as a distinctive issue often disappears, since it is almost completely entangled with the wider issue of ‘illegality’. Even if one were clearly able to separate ‘stateless children’ from ‘undocumented children’, their practical experience is in fact very similar. Therefore, despite their different ethnicities and family histories,

6 SUHAKAM Annual Report 2001 (Page. 40) ANNUAL REPORT 2019 113 and despite the different degrees of assistance offered by their apparent ‘home’ countries, the children of Indonesians and Filipinos actually share many common experiences. Children who lack legal documents fear being picked up by the police during one of the regular operations – on buses, in shopping centres or in squatter settlements – aimed at ‘checking’ documents.

To alleviate the problem of statelessness and identification documents of migrants in Sabah in the human rights context, SUHAKAM has undertaken CHAPTER 2 the following actions: - i) Memorandum of Understanding on Stateless Issue

On the 24 April 2019, SUHAKAM and the Human Rights Commission of Indonesia (Komnas-HAM) signed a Memorandum of Understanding (MoU) on the issue of stateless and undocumented migrants in Sabah from a human rights perspective. Representatives from the Human Rights Commission of the Philippines were also present during the signing as an observer. SUHAKAM hopes to sign an MoU with the Human Rights Commission of the Philippines in the near future. With the signing of the MoU, SUHAKAM and Komnas HAM will undertake, among others, the following actions:

• Engage their respective Governments to ensure that the human rights of stateless persons are respected, including access to asylum and justice, freedom of movement and liberty, non-refoulement, work, education, and healthcare; • SUHAKAM will assist Komnas HAM in liaising with the Sabah state government and other relevant agencies; • Komnas HAM will assist SUHAKAM in liaising with the government of Indonesia and the Indonesia Embassy in Malaysia on the issue of stateless persons in Sabah; • SUHAKAM and Komnas HAM shall work together with the Malaysian Anti-Corruption Commission, the Indonesian Corruption Eradication Commission and the Philippine Anti-Corruption Agency to ensure no corruption in the registration and documentation processes of stateless persons in Sabah; • Propose recommendations and increase efforts to discuss the issue of statelessness collectively at the Association of Southeast Asian Nations level; • SUHAKAM and Komnas HAM shall use the Sustainable Development Goals, the Universal Periodic Review and the Global Compact on Migration process to their respective governments jointly; 114 SUHAKAM

• SUHAKAM and Komnas HAM shall initiate bilateral dialogues between the governments of Indonesia and Malaysia on the issue of statelessness.

ii) Workshop on Understanding the Statelessness Issue

• In conjunction with the bilateral signing of the MoU between SUHAKAM and Komnas HAM, SUHAKAM organised a workshop entitled “Statelessness Issues in Sabah: Documentation Essential Towards Human Rights Protection”. The participants were from the relevant state and federal governments agencies and heads of CSOs in Sabah. Representatives from the Philippines Embassy, Consul General of Indonesia in Sabah, as well as UN agencies and NGOs from Kuala Lumpur were invited as panellists and speakers.

• Sabah office was invited by the Indonesian Consul General in Sabah to participate in a workshop entitled ‘Socialisation of Providing Educational Services for Children of Indonesian Migrant Workers’ on 17 December 2019. This workshop gave the Sabah office the opportunity to emphasise the right of children to education irrespective of their nationality.

5. Resolution of Complaints Related to Native Customary Rights (NCR) Land

In the 2017 Annual Report 2017, SUHAKAM Sabah office made recommendations to the Lands and Surveys Department to minimise complaints related to land issues. Sabah office was informed that the Sabah Lands and Surveys Department established a special unit, Perkhidmatan Tanah Anak Negeri Sabah (PANTAS – Sabah Native Land Services), to look specifically into applications for native land since 2013. Under this initiative, within two years, the processing of land applications and the issuance of land titles to indigenous people claiming NCR land was sped up through procedural changes and the introduction of the latest technology in land surveying, made possible through Federal Government financing.

SUHAKAM is of the view that the initiatives taken by the Sabah government through the Lands and Surveys Department have started to have a positive impact on improving human rights issues especially in relation to Native Customary Rights land. SUHAKAM’s Sabah office appreciates the co-operation given by the department in 2019 to resolve the complaints on land matters. ANNUAL REPORT 2019 115

6. Other Human Rights Related Activities i) The Sabah office was actively involved in events organised by the Sabah state government and other agencies. SUHAKAM’s Sabah office attended the Borneo Rainforest Law Conference in Kota Kinabalu on 17 January 2019. This conference discussed, among others, the rights of indigenous people and how these rights were protected in countries such as New Zealand. The rights of indigenous people in Malaysia especially their right to land was CHAPTER 2 also deliberated. ii) The Sabah office was able to organise a working visit to YAB Datuk Seri Panglima Haji Mohd Shafie Bin Haji Apdal, Chief Minister of Sabah, on 15 April 2019 led by Mr. Jerald Joseph, SUHAKAM Acting Chairman. A variety of human rights issues were discussed with the Chief Minister such as undocumented children, native land rights, right to education, and environmental rights. SUHAKAM took note that the Sabah state government has taken proactive action by establishing a special committee, headed by the Deputy State Secretary (Development) specifically, to handle human rights issues in Sabah. Complaints of human rights violations related to the purview of the Chief Minister of Sabah will be channelled to the Deputy State Secretary’s office for further action.

Working visit and discussion on human rights issues with YAB Datuk Seri Panglima Haji Mohd Shafie Bin Haji Apdal, the Chief Minister of Sabah. 116 SUHAKAM

THE WAY FORWARD

Respect for human rights and the rule of law must be the bedrock of a thriving and working democracy. This requires respect for pluralism of ideas, vibrant civil societies, independent CSOs and the media. SUHAKAM will continue with its mandate to advice, monitor and work alongside the government to act in a manner compliant with human rights. Towards this end, the Sabah office will continue to find ways to enhance cooperation with the public sector, the private sector, CSOs and all members of the society, including the media, to promote and protect human rights in the state. ANNUAL REPORT 2019 117

CHAPTER 3

SARAWAK CHAPTER 3 OFFICE 118 SUHAKAM

SARAWAK OFFICE

OVERVIEW

There has been a significant difference in the success of the Sarawak office, including in the numbers, types and resolution of public complaints of alleged breaches of human rights in the state. SUHAKAM’s Sarawak office believes that human rights-related policies and procedures must exist in Sarawak if human rights are not being respected or upheld. It is also essential to have processes in place to act and support citizens seeking redress or remedies.

In 2019, the work of the Sarawak office focused mainly on the 2Ps, promotion and protection, and received more complaints. The office also continued building networks with key leaders in Sarawak, raising awareness and education of human rights, and addressing human rights issues that arose. Over the course of the year, Sarawak office organised talks, meetings, working visits and roadshows, as well as investigated alleged violations of human rights in the state. This year, citizenship matters were the main subject of concern in the complaints received.

1. ISSUES ARISING FROM COMPLAINTS

During the fiscal year 2019, Sarawak Office received 70 complaints and inquiries from members of the public and civil society organisations. Of them, 18 were resolved and 52 complaints are still being investigated.

Table 13: Complaints Received by the Sarawak Office, 2019

No. Enumerated Ground No. of Cases 1. Nationality 30 2. Rights of disabled persons 7 3. Native customary land 5 4. Miscellaneous 28 Total 70 ANNUAL REPORT 2019 119

1.1. Citizenship Issues

A common complaint received by the Sarawak office relates to nationality, especially pertaining to children’s citizenship, and the late registration of identification documents (ID) such as birth certificates or identification cards for residents of rural areas, as well as children whose mothers are foreigners. The last involves unmarried mothers, or where marriages between foreign women and local men were not registered with the National Registration Department. Complaints regarding citizenship were referred to the relevant government agencies for appropriate action.

1.2. Rights of Disabled Persons i. Employment CHAPTER 3 – Isak Ngau said that it is difficult for blind people to be employed even though they have the academic qualification and skills because of their disability. Employment opportunities for the blind warrant urgent attention and consideration from the government, the private sector and the public. ii. Social Inclusion and development – Visually impaired persons should be fully involved in social and development programmes, namely employment, community activities and education to uplift their social status. iii. Negative perceptions, level of awareness and attitudes of the general public toward persons with disabilities – Social exclusion usually starts with negative perceptions and attitudes of the general public toward persons with disabilities, including the blind. iv. Access to banking services – The blind should have better access to banking and financial services. Currently, they cannot open personal bank accounts or hold Automated Teller Machine (ATM) cards. And different banks have different rules and policies, making their lives even more difficult. 120 SUHAKAM

1.3. Native Customary Land (NCR Land) and Problems Related to Native Customary Rights (NCR) Claims

The issue of Native Customary Land, as well as Native Customary Rights, is not new in Malaysia. In Sarawak, the subject hangs over the natives like a portentous cloud, which pauses to gather strength. It increases its terror by the prolonged uncertainty of where it will burst, without a knowledge of when it may arrive, from what quarter it may come, or in what form it may strike. The state government, through the Land & Survey Department, has done its best to solve issues involving NCR land. The Sarawak State Legislative Assembly passed the 2018 amendment bill for the Land Code Ordinance. SUHAKAM welcomed the amendment. It is vital to have fairer land laws to obviate the injustice suffered by the natives, whose rights are drawn into litigation and sacrificed by the inequitable decisions which now prevail.

The amendment will inspire the inhabitants, especially the natives of Sarawak, with confidence in making genuine NCR claims, instead of undergoing the test of a judicial examination. It will be a burden for the natives to fight the matter in court as most of them do not have the means to do so. It is a matter of great concern to the people who are suffering under the present land laws. Stakeholders want a speedy resolution but it is impossible to have utopian land laws convenient for all, especially to those entitled to the benefit of the genuine native customary rights. It is recommended that any action that tends to hinder cordial relations between the natives and the state government should be avoided.

2. Report on Performance

Public Education and Awareness of Human Rights

The Sarawak office will enhance its activities to promote, protect and monitor human rights in Sarawak, in line with its functions and powers under the Human Rights Commission of Malaysia Act 1999 (Act 597). Sarawak Office recognises that better public education and awareness are key components to achieve these goals. Presently, the Sarawak office is actively distributing guidelines and fact sheets to explain human rights principles and issues and their challenges to the society. The Sarawak office will endeavour to continuously distribute human rights- related materials to targeted groups and to the general public. ANNUAL REPORT 2019 121

Increased Intake and Case Resolution Process

The Sarawak office built on past efforts to improve the number of complaints received and cases resolved in 2019. In the upcoming year, the Sarawak office will continue to enhance public awareness of SUHAKAM’s online complaint system and assess how it can be made more efficient.

3. Engagements with The Public

In 2019, Sarawak Office continued its outreach strategy by engaging with the public at the grassroots and state government level. The objectives are as follows: i) To build a productive networking relationship with the state CHAPTER 3 government and CSOs; ii) To provide a space for CSOs and state executive committee members to express their opinions and respond to relevant issues; and iii) To win the hearts and minds of the public as part of the Sarawak office’s public diplomacy strategy.

Table 14: Outreach Programmes, 2019 No. Date Item Location 1. 28 January Talk on Anti-Bullying and the MARA Junior Rights of Children Science College Kuching 2. 23 February SUHAKAM Bersama Masyarakat Lawas 3. 11 April SUHAKAM Bersama Masyarakat Telok Melano 4. 13 April Hari Bersama Komuniti Lundu 5. 29 July Meeting with NGOs SUHAKAM Office

4. Visit to Places of Detention

The Sarawak office conducted several visits to places of detention to monitor conditions and ensure compliance with internationally recognised human rights standards such as the Standard Minimum Rules for the Treatment of Prisoners. 122 SUHAKAM

Table 15: Visits to Places of Detention, 2019

No. Date Item Location 1. 14 March Central Police Station Kuching 2. 27 August Puncak Borneo Prison Kuching 3. 28 August Henry Gurney School Kuching 4. 29 August Semuja Immigration Detention Serian Centre 5. 30 August Cure & Care Rehabilitation Kuching Centre (CCRC)

5. Working Visits

Table 16: Working Visits, 2019

No. Date Item 1. 12 March Lundu District Office 2. 25 July State Secretary, YBhg Datu Jaul Samion 3. 26 July Special Officer to Minister of Communication and Multimedia Malaysia, Dr Dusit Jaul 4. 8 August State Legislative Assembly Speaker, YB Datuk Amar Haji Mohamad Asfia Awang Nassar 5. 8 August Mayor Kuching South Council, YBhg Dato James Chan Khay Syn 6. 9 August Sarawak Energy Berhad 7. 9 August General Manager of Land Consolidation and Rehabilitation Authority (SALCRA), YBhg Datu Vasco Sabat Singkang 8. 15 August Chief Minister of Sarawak, YAB Datuk Patinggi (Dr) Abang Haji Abdul Rahman Zohari Tun Abang Haji Openg 9. 15 August Mayor, Commission of The City of Kuching North, YBhg Datuk Haji Abang Whap Abang Julai

A review of the year would be incomplete without mentioning the working visit by SUHAKAM to Chief Minister of Sarawak YAB Datuk Patinggi Dr. Abang Haji Abdul Rahman Zohari bin Tun Datuk Abang Haji Openg on 15 August. Among those present were SUHAKAM ANNUAL REPORT 2019 123

Chairman Tan Sri Othman Hashim, Dr. Madeline Berma (Commissioner), Datuk Lok Yim Pheng (Commissioner), Head of Sarawak Office Sophian Osman, Assistant Secretary Alfonso Min, and Assistant Officer (Administrative) Linya Subah.

SUHAKAM raised the following issues: i) Dilapidated schools

The Chief Minister told the Sarawak office that the state government is in the process of upgrading dilapidated schools in Sarawak with state funds. This is to ensure that the students do not lag in their studies; and ii) Citizenship of Penans CHAPTER 3

The Chief Minister informed that the state government through the National Registration Department is working hard to reach out to these nomadic poverty-stricken natives in the remote jungles of Ulu Baram.

6. Branding and The Media

The Sarawak office intensified its engagement with the media to elevate the SUHAKAM brand across social channels and encourage interaction. This is to ensure consistent delivery of SUHAKAM’s initiatives in protecting as well as promoting human rights in Sarawak, as well as increasing its visibility and humanising the SUHAKAM brand in Sarawak.

Table 17: Media Interview, 2019 No. Date Item 1. 13 June ‘Juh! Bincang’ Okey TV 2. 2 July Bidayuh FM 3. 10 December Talk Radio Slot in Good Morning Sarawak Segment at SARAWAK.FM radio station

7. mEETIngs

The Sarawak office held several meetings with various stakeholders in Sarawak. They are: - 124 SUHAKAM

Table 18: Meetings, 2019

No. Date Item Location 1. 25 February Limbang District Council Limbang 2. 16 August Faculty of Social Sciences and Kota Humanitarian, UNIMAS Samarahan 3. 28 August Director of Rajah Charles Brooke Kuching Memorial Hospital 4. 28 August Director of Health Department Kuching of Kuching 5. 29 August Director of Sentosa Hospital Kuching 6. 18 – 19 December Director of Sentosa Hospital Kuching

8. mEmorandum of Understanding (MoU) with UNIMAS

The Sarawak office signed an MoU with Universiti Malaysia Sarawak (UNIMAS). Under the MoU, both parties will work together to promote and protect human rights in Sarawak.

9. Squatters

Urban poverty has many manifestations. The Sarawak office visited the Kampung Pendam Temuai squatter settlement together with Kuching Member of Parliament YB and Pending Assemblywoman YB Violet Yong Wui Wui. During the visit, both parties gathered information from all the squatters living in Kampung Pendam Temuai, Jalan Chawan, Kuching, especially children, single mothers and persons with disabilities.

THE WAY FORWARD

Despite the challenges faced, the Sarawak office managed to carry out most of the programmes and activities as planned and approved in the budget allocation.

In 2020 the Sarawak office will continue to strengthen its ties with the state government, NGOs and the community, at large as well as raise awareness of human rights through roadshows, seminars and roundtable discussions. ANNUAL REPORT 2019 125

Sarawak Office is committed to building a human rights culture in the state, where human rights are respected, protected and upheld; where human rights are a lived reality instead of a theoretical ideal. Apart from that, the Sarawak Office will support those having responsibility for human rights. This can be done through the mainstreaming of human rights- based approaches as well as incorporating human rights principles in all government policies and programmes, and state laws.

The Sarawak Office will also learn from international/national good practices in encouraging greater respect, protection and fulfilment of human rights and share its knowledge with others for the realisation of human rights. The Sarawak Office will also seek opportunities to collaborate with other human rights organisations in Sarawak. CHAPTER 3

SUHAKAM Chairman Tan Sri Hashim Othman sharing a light moment with Chief Minister of Sarawak YAB Datuk Patinggi Dr. Abang Haji Abdul Rahman Zohari bin Tun Datuk Abang Haji Openg during SUHAKAM’s working visit to the Chief Minister on 15 August 2019

Prof. Dato’ Noor Aziah Mohd. Awal CHAPTER 4 OFFICE OF THE CHILDREN’S COMMISSIONER 128 SUHAKAM

OFFICE OF THE CHILDREN’S COMMISSIONER

OVERVIEW

This year marks the 30th anniversary of the Convention on the Rights of the Child (CRC), which was adopted on 20 November 1989 at the United Nations. While much has been achieved for children in 30 years, children today face new threats to their rights, but also have new opportunities to realise them.

Malaysia ratified the CRC in 1995 and passed the Child Act 2001 as part of its effort to uphold its commitment to the protection and welfare of her children. At first, Malaysia had twelve reservations, but this later became eight7. Currently, Malaysia still has five reservations to CRC namely Article 2, Article 7, Article 14, Article 28(1)(a) and Article 37.

The appointment of a Children’s Commissioner in August 2019 was a significant move by the government to enhance the rights of children in Malaysia. The Children’s Commissioner is to focus on the promotion and protection of children’s rights, which is underpinned by the CRC. The four core principles of the CRC are:

1) non-discrimination; 2) devotion to the best interests of the child; 3) the right to life, survival and development; and 4) respect for the views of the child.

CRC defines a child in Article 1 of CRC as follow:

For the purposes of the present Convention, a child means every human being below the age of eighteen years unless, under the law applicable to the child, majority is attained earlier.

7 Reservations are declarations made by a state claiming to exclude or alter the legal effect of certain provisions of the treaty in their application to that state. ANNUAL REPORT 2019 129

However, in Malaysia there is no single definition for children and there are different definitions under civil and Islamic law in Malaysia. Under the Age of Majority Act 1971 and the Child Act 2001, “child” is defined as a person under the age of 18 years. The Law Reform (Marriage and Divorce) Act 1976 defines “child” as child of the marriage who is under the age of 18 years, while under the Children and Young Persons (Employment) Act 1966, “child” means any person who has not completed 14 years of age.

Hence, “child” under the protection of the Children’s Commissioner shall be any person under the age of 18 years.

APPOINTMENT OF A CHILDREN’S COMMISSIONER IN MALAYSIA

From the second half of 2018, the Ministry of Women, Family and Community Development initiated discussions with SUHAKAM on the proposal to appoint a special commissioner who will be the Children’s Commissioner (CC). Due to the need for expediency as well as recognising the limitation of financial resources, it was thought best to locate the Children’s Commissioner within SUHAKAM. The CC shall draw its powers from the Human Rights Commission of Malaysia Act 1999

(Act 597). CHAPTER 4

The Office of a Children’s Commissioner (OCC) will be positioned within SUHAKAM’s organisational structure and bear the same traits and functions as other SUHAKAM Commissioners. The OCC shall be independent of the government and, ideally, answerable to Parliament. As the CC draws its powers from Act 597; the CC undergoes a similar appointment process, term of function and reporting requirement as other SUHAKAM Commissioners.

According to the Human Rights Commission of Malaysia Act, the functions of the CC will be: (a) to promote awareness of and provide education in relation to children’s rights; (b) to advise and assist the government in formulating legislation and administrative directives and procedures and recommend the necessary measures to be taken; (c) to recommend to the government with regard to the subscription or accession of treaties (and Optional Protocols) and other international instruments, as well as the removal of reservations in the CRC; and (d) to inquire into complaints regarding infringements of children’s rights. 130 SUHAKAM

Despite community and civil society demands for the OCC to be an entity of its own, separate from SUHAKAM, and ideally have more than a recommendatory, advisory or advocacy role; the CC was appointed on 23 August, and the term backdated to begin from 27 April 2019. Prof Dato’ Noor Aziah Mohd Awal was appointed under Subsection 5(2) of the Human Rights Commission Act.

The CC will specifically focus on the rights of the child and issues affecting all children (persons below the age of 18) in Malaysia, regardless of their status.

The Terms of Reference of the Children’s Commissioner includes:

i. Be responsible and committed to addressing all issues related to children and children’s rights; ii. Promote awareness of children’s rights and undertake research by conducting programmes, seminars and workshops and disseminate and distribute the results of such research; iii. Advise and assist the government and other authorities in relation to drafting of laws, instructions, administrative guidelines and to recommend relevant actions related to children’s rights; iv. Advise the government on its international obligations under the CRC, and other international, regional or bilateral cooperation when it is related to children’s rights, including drafting of independent reports; v. Conduct investigations in relation to violations of children’s rights, either on its own accord or from complaints received; vi. Visit detention centres, shelters, care and rehabilitation centres, within existing laws and regulations of the such places; vii. Issue public statements on children’s rights as and when necessary; viii. Submission of Annual Report to Parliament which shall include a report of all activities conducted throughout the given year; and ix. Undertake any other appropriate activities as are necessary according to the written laws in force, if any, about such activities.

MANDATE OF THE CHILDREN’S COMMISSIONER

The CC will work to protect and promote human rights of all children under 18 throughout Malaysia, including indigenous, migrant, refugee, undocumented, stateless and children with disabilities, among others. The CC will work collaboratively with both federal and state governments. Federal areas of jurisdiction such as immigration, citizenship, as well as criminal justice are some key issues for children that can be effectively addressed by the CC. ANNUAL REPORT 2019 131

The CC will have an on-going, action-oriented role, as well as an oversight role in promoting respect and understanding of the human rights of children in all 13 states and Federal Territories in Malaysia. This will be done through research, awareness, education, discussion and investigations, to ensure government policy and legislation among others, recognise and protect the human rights of children.

The CC shall have the authority to access all children, particularly those in state custody (lock-up, immigration detention) as of right, and powers to compel disclosure of data held by public authorities concerning children. This includes data on sexual offences against children or, for example, the number of applications to all Syariah courts / Ministers / Chief Ministers for child marriage. The Commissioner’s function is also to monitor legislation, policies and programmes which impact upon children’s rights, wellbeing and development.

The CC will be vested with a complaint-handling role, including individual cases in the context of child protection or family law. In court cases that involve children’s rights, the CC may seek leave of the court to appear as amicus curiae.

On the international level, the OCC shall monitor and report Malaysia’s CHAPTER 4 level of compliance with the CRC and other international commitments such as the Sustainable Development Goals (SDGs).

It is to be emphasised that the powers conferred upon the Children’s Commissioner shall extend to all levels, including state institutions and cannot be circumscribed by issues of religion or jurisdiction, particularly in areas of mutual concern or overlapping jurisdiction (for example: marriage of children or unilateral religious conversion of children).

In performing his/her functions, the CC may consult any of the following: a) Children and/or their representatives; b) Government departments and authorities; c) Non-governmental organisations; d) International organisations and agencies; and e) Such other organisations, agencies or persons as the CC considers appropriate. The CC shall have easy access to all children and their representatives / representative organisations. 132 SUHAKAM

The CC shall also meet regularly with the Minister responsible for children to provide briefings on issues relating to the interests, rights and welfare of children. All other relevant Ministers shall be kept informed of the Commissioner’s work and findings. As children-related issues is cross- cutting, CC must be able to convene and organise cross sectoral ministerial meetings, for example - MOE, MOHA (Immigration, Prison, Police) MOH, Ministry of Human Resources (MOHR).

ESTABLISHMENT OF OFFICE OF CHILDREN’S COMMISSIONER (OCC)

SUHAKAM set up a physical office space for the Children’s Commissioner, including recruitment of officers to support the work of the CC throughout the last quarter of 2019. The Ministry of Women, Family and Community Development allocated RM500,000 to fund the work of the CC, its establishment and programmes and activities to the end of the year.

It is envisioned that the OCC will be fully functioning including to deliver its given mandate according to Section 4 of the Human Rights Commission of Malaysia Act by the start of 2020.

PROGRAMMES AND ACTIVITIES IN 2019

The CC actively participated in numerous programmes and activities, at the national, regional and international level, despite only have been appointed in August 2019. Among the programmes and activities are:

Table 19: Programmes and activities, 2019

No. Date Venue / Acitivity Details 1. 4 – 5 Visit to Integriti School, Prior to her appointment, September Henry Gurney School, CC visited all the schools Tunas Bakit School, mentioned, in her capacity Immigration Depot and as a member of the a couple of Asrama National Council For Akhlaq for “Prison Reform Children Workshop Project” 2. 9 Meetings with UNICEF CC attended the meeting September, to discuss priority issues 4 and 7 and explore potential November collaborative areas ANNUAL REPORT 2019 133

No. Date Venue / Acitivity Details 3. 11 – 13 Senior Officials Conference CC presented a paper September on Gender Mainstreaming entitled “The Challenge in ASEAN Political Security of Online Child Sexual Community (ASPC)Sectoral Exploitation Bodies at Diamond Hotel Philippines, Manila 4. 18 October Gender Equality Workshop CC attended the workshop organised by Foreign Spouses Support Group to seek solutions on issue regarding children whose mothers are Malaysian but married to a foreigner and the marriage were registered abroad. Children were born abroad, and they have been denied citizenship 5. 18 October Bar Council Workshop CC officiated the workshop on amendment to the Persons with Disabilities

Act 2008 CHAPTER 4 6. 20 Girl SPEAK programme CC officiated the September at Serambi Ilmu, Kuala programme organised by Lumpur WAO 7. 23 – 24 Expert Consultation on CC attended and spoke September Sale and Exploitation on as a panellist in the Children at Innocenti consultation Office, Florence, Italy 8. 1 October Malaysia’s World Day CC attended the Against Child Labour at Le programme Meridien Hotel, KL 9. 3 October Launch of the ECPAT CC attended and spoke as Report at Grand Hyatt, KL one of the Panel Speakers at the launch 10. 12 October Lecture to Asean Law CC gave lecture on topic, Students Association “The Rights of Women and (ALSA) in UKM, Bangi Children in Malaysia” 134 SUHAKAM

No. Date Venue / Acitivity Details 11. 14 October International Symposium CC delivered a Keynote on Islamic Civilisation and Speaker at the symposium Science at UKM, Bangi organised by UKM, entitled “The Rights of Children in Islam and SDGs” 12. 22 – 24 Expert Consultation - CC participated and spoke October Advancing Children’s Rights at the consultation to a Healthy Environment for East Asia and the Pacific in Bogor, Indonesia 13. 1 November Roundtable discussion on CC attended the Rights of Illegitimate Children roundtable organised by at KPWKM, Putrajaya KPWKM 14. 5 November Meeting with Pfizer at CC attended the meeting and 26 SUHAKAM office to discuss the Vaccination December of Children 15. 11 National Council For CC attended the meeting November Children’s Meeting 16. 15 Consultation with Civil CC chaired the consultation November Society Organisations on children’s issues and (CSOs) listened to comments and views 17. 4 – 7 Consultation on Draft CC attended the December Principles in Siem Reap, Consultation on Draft Cambodia Principles for the Protection of the Rights of the Child in the Context of Surrogacy 18. 11 – 12 ASEAN Dialogue on CRC CC attended the dialogue. December General Comments in The dialogue was in Manila collaboration with AICHR Malaysia 19. 16 Meeting with Bar Council CC attended the meeting December Malaysia at SUHAKAM with Bar Council Malaysia to discuss children’s issues such as Statelessness, Children in Detention Centres and Safety of Children in Schools ANNUAL REPORT 2019 135

No. Date Venue / Acitivity Details 20. 17 – 18 Seminar at Chulalongkorn, CC attended the seminar of December Thailand Migration and SDG: ASEAN and Beyond: A Pathway to the 2030 Agenda 21. 20 Consultations at the CC gave a speech and December Launch of a Child Rights answered questions and Coalition Malaysia’s NGO issues forwarded by children CRC Report on the Status during the children’s of Children in Malaysia, at consultation session Rumah Tangsi 22. 20 – 23 Regional RTD in Bangkok, CC attended the Regional December Thailand RTD on alternative care arrangements for children in the Asia Pacific 23. 23 Brief lecture at SUHAKAM CC gave a brief lecture December to new OCC staff and to other department staffs on what issues matter to children’s rights in Malaysia, the technical and legal

approaches to it CHAPTER 4 24. 23 Meeting with YAA Dato’ Dr CC attended the meeting December Haji Mohd Na’im Mokhtar, Syariah Chief Judge of Malaysia at Putrajaya 25. 26 Meeting with Parastoo The meeting discussed December Theater (Refugees on issue of children’s rights Organisation) at SUHAKAM especially child marriage and education 26. 26 Meeting with the The meeting discussed December Complaints and on complaints relating to Monitoring Division (CMD) children at SUHAKAM 27. 27 Meeting with Social The meeting discussed December Welfare Department at on children’s consultation Putrajaya programme to be held in early year 2020 136 SUHAKAM

No. Date Venue / Acitivity Details 28. 30 Meeting with Sisters in The meeting discussed December Islam at SUHAKAM on issues pertaining to child marriage, children in detention centres and safety of children in schools

At the stakeholders’ consultation on 15 November 2019, about 40 children’s rights activists, CSOs, academics, medical practitioners, lawyers and NGOs expressed their views and made recommendations on issues relating to children. They also gave recommendations to structure the work of the CC on the concerned issues. The recommendations included:

i. Urging the government to raise the age of marriage to 18 years to end child marriage for all children in Malaysia; ii. Delving into issues concerning children in tahfiz schools and other types of residential schools; iii. Enhance efforts to ensure that sex education, including lessons on reproductive rights, early pregnancy and abortion are well- delivered and understood by the children, parents and teachers; iv. Establish a policy for handling children in courts to make a child- friendly court system; v. To enhance the juvenile justice system to be in line with what has been implemented in other countries; vi. To work on issues relating to access to education by children with disabilities, refugees, stateless, indigenous peoples and poor kids; vii. To enhance/improve the existing education syllabus/module to include compulsory self-defence classes and sexual reproductive health; viii. To look into establishing a policy for handling children during and after disaster such as floods, typhoons and land erosion; ix. Capacity building for women, youth and underprivileged children to upgrade their skills so they can use them in their daily life; x. Urging the government to expedite its efforts to ensure that children are no longer held in detention centres and implement diversionary measures; ANNUAL REPORT 2019 137 xi. To empower and work closely with the syariah courts and religious authorities so that issues pertaining to child custody, maintenance and child marriage can be dealt comprehensively and efficiently; xii. To investigate mental health issues among children; and xiii. To engage with children to ensure that all decision-making processes reflect their concerns.

A key outcome of the consultation was that the OCC should be independent of SUHAKAM for more effective use of resources in the course of the CC’s work. The meeting urged the government to allocate necessary funding for the Children’s Commissioner to fully exercise her powers and execute her duties, which would include conducting public hearings and forming a children’s committee as and when a matter of public interest arises.

Since her appointment, CC has received six complaints of which four are being investigated. The OCC has issued four press statements on sexual harassment and death of a seven-year-old in a tahfiz school; child marriage; stakeholders’ consultation; and International Children’s Day celebrations. CC was also interviewed by TV Awani which was aired on 18 November 2019. CHAPTER 4

The Way Forward

Based on an earlier stakeholder consultation on 1 November 2018 (prior to the establishment of the OCC) and again on 15 November 2019 with civil society, many were of the view that the Children’s Commissioner should be independent. The CC’s remit and functions are far too wide to be placed with SUHAKAM. There were also views that SUHAKAM has limited powers, but the OCC must have additional powers, such as enforcement, to function effectively. A separate, independent commission is necessary, but for reasons of practicality, temporary placement in SUHAKAM is workable as it will be subject to a compulsory review after two years.

Ideally, the amendments to Act 597 that was proposed to the Special Cabinet Committee Meeting on 21 September 2018, to introduce a new section to outline the duties and responsibilities of the Children’s Commissioner, should be done simultaneously. As an example of effective international practice, the Children’s Commissioner’s work in 138 SUHAKAM

Australia8 and New Zealand9 may be used as a model. There, the CC is empowered to make a request to competent authorities, organisations or institutions for undertaking actions necessary for the benefit of the child. It is compulsory for these entities not only to undertake such actions but also to immediately inform the Ombudsman for Children, no later than 30 days, of the action taken.

The powers conferred upon the Children’s Commissioner shall extend to all levels, including state and religious institutions and cannot be circumscribed by issues of religion or jurisdiction, particularly in areas of mutual concern or overlapping jurisdiction (for example: marriage of children or unilateral religious conversion of children). The exercise of these powers must be recognised and supported by the Federal and State Governments and Parliament. The Children’s Commissioner shall have a cross-border function, for example, in cases of abductions, trafficking and statelessness.

To function effectively, the government shall ensure that the Children’s Commissioner is provided with an appropriate level of funding to guarantee its independence and ability to determine its priorities and activities freely. Adequate funding should, to a reasonable degree,

8 In Western Australia, the way of handling complaints received by the state and local government organisations are surveyed by the office of the Ombudsman. All complaints are to be addressed within 30 days, and the same policy is applicable for complaints regarding children and young people. The Ombudsman promote its services and practice through child-friendly complaints processes with guidelines that staff and volunteers should: discuss and listen to different types of complaints, such as concerns, suspicions, unsafe behaviour, environments or practices and/or allegations about staff, volunteer, children or young people’s behaviour; deal with concerns or complaints of harm or abuse of a child or young person by someone outside of the organisation; and share information internally and externally. 9 The New Zealand’s Children’s Commissioner is child-centred focus with the following Terms of Reference: advise Prime Minister, Ministers, Select Committees, Government and non-government agencies on child rights and wellbeing; advisory on a systemic level – education system, child wellbeing, improving supports in line with Oranga Tamariki (Ministry of Children); advocate for legislation, policy, approaches and practices – all for wellbeing of children; strategic advice includes undertaking research and publishing working and position papers on current issues related to children’s interest, rights or welfare; work closely with diverse range of community organisations, groups and individuals involved in aspects of improving the well- being of children; provide advice through Child Rights Line –free, independent advice through calls for parents or other adults concerned about Children’s Rights (2015/16 had 511 enquiries). In New Zealand, a number of statutes were passed to support the CC are: i) The Children’s Commissioner Act 2003 and ii) the Oranga Tamariki Act 1989. ANNUAL REPORT 2019 139 ensure the gradual and progressive realisation of the improvement in the operations of both the Office of a Children’s Commissioner and SUHAKAM.

Stakeholder Consultation with Children’s Commissioner on 15 November 2019. CHAPTER 4

CHAPTER 5 THEMATIC AREAS 142 SUHAKAM

5.1 INDIGENOUS PEOPLES

Overview

In 2019, the plight of the Indigenous Peoples was again in the spotlight due to the tragic deaths among the Bateq Tribe in Kuala Koh, Kelantan, and the arrests of several Orang Asli for defending their land rights. Generally, the community continues to struggle for the recognition of their customary land rights without much success or positive response from the relevant state authorities, who have jurisdiction over land matters.

Many parties welcomed the Federal Government’s unprecedented suit against the Kelantan State Government. The suit, filed in the Kelantan High Court, sought legal recognition of the Temiar Orang Asli’s land rights, and injunctions to restrain private firms from encroaching on and destroying their land.

1. Follow-up to the National Inquiry into the Land Rights of Indigenous People

As was reported in past Suhakam Annual Reports, SUHAKAM convened a National Inquiry (NI) into the Land Rights of Indigenous People in Malaysia in 2010 and the report was published in 2013. The report contained key issues and 18 recommendations. They were clustered under the themes of:

i. Recognise Indigenous Customary Rights to Land ii. Remedy Land Loss iii. Address Land Development Issues/Imbalances iv. Prevent Future Loss of NCR Land v. Address Land Administration Issues vi. Recognise Land as Central to Indigenous Peoples’ Identity, for the consideration of the government and follow-up action.

SUHAKAM is very concerned and disappointed at the government’s lack of action and seriousness in implementing the NI recommendations. Although Orang Asli affairs was placed under the purview of the Minister in the Prime Minister’s Department responsible for National Unity and Social Wellbeing, it is still unclear whether the department is responsible ANNUAL REPORT 2019 143 for ensuring the implementation of the NI recommendations. The slow action in implementing the NI recommendations has not changed the status of the Orang Asli community as the most vulnerable and marginalised group.

In 2019, several activities were organised by SUHAKAM to follow-up the implementation of the NI recommendations: i. On 16 January SUHAKAM made a courtesy visit to the office of YB Waytha Moorthy, Minister in the Prime Minister’s Department responsible for National Unity and Social Wellbeing to discuss the Orang Asli and its NI Report. The minister requested SUHAKAM hold a public consultation to discuss Recommendation 14 on the reform of JAKOA (Department of Orang Asli Development). ii. Following the meeting with YB Minister, SUHAKAM met with the then Director General of JAKOA, Dato Ajis bin Sitin. During the meeting, the NI recommendations and allegations of the misuse of power among JAKOA officers were discussed.

Public consultation on Recommendation 14 on reforming JAKOA took place on 1 March, attended by nearly 60 Orang Asli and experts on Orang Asli affairs. Among the issues raised during the consultation were:

• Lack of Orang Asli employed as JAKOA staff; • JAKOA interference in the appointment of Tok Batin; • The absence of a legal division in JAKOA; CHAPTER 5 • Lack of transparency on budget allocation and distribution of budget allocation by JAKOA; • The need to establish an Orang Asli Commission; and • Amendments to the Aboriginal People’s Act. iii. As an outcome of the public consultation, SUHAKAM prepared a position paper together with a review of the Aboriginal People’s Act 1954 which was submitted to YB Minister Waytha Moorthy for his further action. Among the recommendations were:

• More Orang Asli people to fill positions in JAKOA and a ‘bank of talent’ to be created to provide proper training and exposure on Orang Asli matters like education, culture, etc. • Mandates and functions of JAKOA to be re-evaluated to meet the objective of JAKOA, which is to empower Orang Asli. To create 144 SUHAKAM

more units such as legal and cultural units to streamline JAKOA’s function. • The selection of Tok Batin to be according to Orang Asli tradition and custom and not based on quota. • Budget allocation to be increased, particularly for the development of Orang Asli communities. • To establish a Commission of Indigenous Peoples as per SUHAKAM’s NI Recommendation 18 to handle land related matters.

A Public Consultation on Recommendation 14 was held on 1 March.

2. Complaints from Indigenous Community

In 2019, SUHAKAM received 61 complaints from the Indigenous community – 20 in Peninsular Malaysia, 14 in Sabah and 27 in Sarawak. In Peninsular Malaysia, most of the issues raised by the Orang Asli community relate to the non-recognition of customary land rights. This then leads to encroachment of their land and a lack of basic infrastructure facilities in their settlements, such as electricity, clean water, tarred roads, and housing. Most of the complaints SUHAKAM received in Peninsular Malaysia came from Pahang, Perak and Negeri Sembilan.

3. Death of Orang Asli from Bateq Tribe in Kuala Koh, Kelantan

The deaths of 14 Orang Asli from the Bateq tribe in Kuala Koh, Kelantan, in June were unfortunate. SUHAKAM regrets the deaths10. It was confirmed by the Minister of Health that the cause of death was measles.

10 Population of Bateq tribe as of December 2003 is 1,255 – JHEOA ANNUAL REPORT 2019 145 CHAPTER 5

Visit to Kg. Kuala Koh, Kelantan. 146 SUHAKAM

SUHAKAM visited the Bateq community in Kuala Koh on 25 August. During the visit, SUHAKAM observed that the community was living in poor conditions. There was no clean water and electricity. The Orang Asli use water from the river nearby. After the outbreak, SUHAKAM noticed that the government installed a water pump (bored water) as an alternative water source in July 2019. However, SUHAKAM observed that access to bored water is limited and provided only at certain intervals. As a result, the community is still using water from the river for washing and bathing. A large number of children are malnourished and suffering from skin diseases. Most of them are not in school, and some of them do not have birth certificates. The government school is located far from the settlement. SUHAKAM was informed that health officers from the local clinic visit the village once a week. The children have been vaccinated.

SUHAKAM will be meeting the authorities to discuss and ensure that the community has access to quality healthcare, schooling, clean water and other basic needs.

4. Orang Asli and Land Rights in Perak

In the year of review, there several cases reported involving Orang Asli in Perak, including the blockades in Kg. Sg Papan and Kg. Cunex in Gerik.

The Perak Menteri Besar was quoted by the media11 saying that the state government maintained that there was no such thing as ancestral land in Perak. The alleged statement drew a lot of criticism from many parties, including SUHAKAM, for their failure to recognise the customary land rights of the Orang Asli in Perak. SUHAKAM stated that the recognition of Native Customary Rights’ (NCR) over land must be based on traditional occupation over generations preceding the modern conception of land titles and cater for cultural practices such as roaming areas. This position was articulated in landmark cases as Adong bin Kuwau & Ors v Kerajaan Negeri Johor & Anor in 1998 and Sagong bin Tasi & Ors v Kerajaan Negeri Selangor in 200212. The state government did not respond to SUHAKAM’s request for a follow-up

11 No such thing as Orang Asli ancestral land in Perak says MB, 29 July 2019 12 https://www.suhakam.org.my/press-statement-no-23-of-2019-native-customary- land-rights/ ANNUAL REPORT 2019 147 meeting13. This has hampered efforts to meet with them on the land rights of Orang Asli.

5. The Blockade in Kampung Sungai Papan and Kg. Cunex, Gerik, Perak

SUHAKAM visited Kg. Cunex and Kg. Sungai Papan on 25 June and 26 August, respectively, following complaints by the Orang Asli of encroachment by logging companies into their ancestral land. The Orang Asli community from both settlements alleged that the logging activities affected their resources in the forest, causing pollution to the nearby river, which is their water source, and damaging their ancestral graveyards.

The logging activities continued despite the Orang Asli raising their concerns and objections to the authorities. The non-action by the state government led to the Orang Asli setting-up blockades to prevent further logging activities. This action created tension between the Orang Asli community and the logging companies. There were several attempts to remove the barricades. While there was no untoward incident reported in Kg. Cunex during the removal of the blockade, three Orang Asli were arrested in Kg. Sungai Papan on 23 July. They tried to stop an operation led by the Perak Forestry Department to remove the blockade. It was reported that motorcycles, a camera, memory cards and mobile phones were also seized by the police from those arrested. When SUHAKAM sought clarification from the police in IPD Gerik on the arrest of the three Orang Asli and it was informed that they were taken to assist in police investigations and were not arrested. However, statements were CHAPTER 5 recorded from the Orang Asli and they were remanded for two days. SUHAKAM is perturbed by the police response and the action taken by the authorities which clearly show their lack of understanding of the customary land rights of the Orang Asli.

On 27 August, SUHAKAM also met the Orang Asli in Slim River, Perak. They were from Kg. Penderas, Kg. Gesau, Kg. Tibong, Kg. Ulu Rasau, Kg. Tisong and Kg. Tebau. The majority of the issues raised were on the recognition of customary land rights and lack of basic infrastructure amenities like electricity, water supply, housing and roads in their settlements.

13 SUHAKAM first met the Menteri Besar of Perak on 20 September 2018 to discuss, among others, the land rights of Orang Asli. 148 SUHAKAM

SUHAKAM officer taking down a complaint from the Orang Asli community in Kg. Sg. Papan, Gerik.

6. Quarrying Operations at the Orang Asli Settlement in Nilai, Negeri Sembilan

SUHAKAM received a complaint from Orang Asli in Kg. Gebok near Nilai, Negeri Sembilan. According to them, the quarrying operations near their settlement has caused problems like air pollution, sound pollution, and flooding. Currently, there is another application from a private company to operate a quarry even closer to their settlement, which worries them. The private company approached SUHAKAM to facilitate a dialogue between the them and the Orang Asli to allay their fears of the operations and to explain the status of the land owned by the company. ANNUAL REPORT 2019 149

SUHAKAM visited the Orang Asli settlement and held several discussions with the state agencies including the Department of Environment (DOE), State Economic Planning Unit (UPEN), Nilai Municipal Council (MPN) and Department of Indigenous Development (JAKOA) in Negeri Sembilan on 19 and 23 July 2019. From the discussions, SUHAKAM learnt that the Orang Asli settlement in Kg. Gebok was gazetted on 7 February 1957. SUHAKAM also discovered the following:

i. The company has the title to the land since 23 June 1997. Nevertheless, the company did not operate a quarry until they applied to do so in 2017. ii. DOE has not given its approval since the company did not meet the conditions set in the EIA report. iii. The first and second Environmental Impact Assessment (EIA) reports submitted by company were rejected in July 2018 and April 2019, respectively, for not meeting the conditions. iv. The state government is not issuing any new licence for quarrying operations in the said area.

SUHAKAM concluded that the quarry would cause more harm to the Orang Asli community due to its proximity to their settlement. The operations would destroy the forest, which is the source of living for the Orang Asli. Besides that, a new quarry would aggravate the air and noise pollution that was already affecting the Orang Asli. Therefore, SUHAKAM recommended to the state agencies not to approve the quarrying operations as proposed by the private company.

7. Orang Asli in Pahang CHAPTER 5

The Orang Asli community from 13 settlements from Pekan, Rompin and Bera also submitted their complaints and concerns to SUHAKAM. In response, SUHAKAM visited the Orang Asli community in Pekan from 11 to 14 March. The settlements were Kg. Terubing (Simpai Lama), Kg. Durian Sebatang, Kg. Meranti, Kg. Jong. Kg. Api Larat and Kg. Permatang Keledang. During the visit, SUHAKAM also met the JAKOA in . The issues raised by the Orang Asli Community in this area involved encroachment into their native customary land, encroachment into their graveyard area, and lack of access to basic infrastructure facilities like clean water, electricity, education, healthcare and roads.

SUHAKAM’s visit was during the dry season. It was apparent that the Orang Asli Community face a serious problem in accessing clean water. 150 SUHAKAM

This was because their water source was dry. According to the Orang Asli community, their water problem worsened with the opening of plantations around their settlements. SUHAKAM is perplexed by the half- hearted initiatives of government agencies, which provide water tanks to the Orang Asli villages but do not ensure they have access to clean or piped water. As a result, most of the tanks remained unused.

According to JAKOA Pekan, there are 262 Orang Asli settlements in Pahang which have been recognised by the state government. However, these settlements have not been gazetted pending mapping work by JAKOA. The mapping work will be carried out in phases based on available funding.

The complaints from the Orang Asli in Rompin are similar to the Orang Asli in Pekan. They also face encroachments on their land, lack of basic infrastructure amenities like clean water and electricity, and education for the children. The Orang Asli in Kg. , Tasik Bera also highlighted that they need clean water and electricity.

8. Recommendations

SUHAKAM recommends the following actions to resolve the long standing problems faced by Orang Asli:

i. SUHAKAM is of the opinion that the government is too slow in implementing the NI recommendations submitted by SUHAKAM almost six years ago. SUHAKAM urges the relevant agencies under the Prime Minister’s Department to facilitate and expedite the process to recognise the native customary land rights of Orang Asli. The state governments must work hand in hand with the Minister in charge of Orang Asli affairs to recognise the land rights of Orang Asli. ii. SUHAKAM reiterates its call for all parties to respect the principle of free, prior and informed consent before making any decision or giving any approval for development projects. iii. Clean water and electricity are basic human needs, and government agencies must make every effort to provide these utilities to the Orang Asli. The action of sending water tanks during an election period without ensuring access to sufficient water supply must stop. iv. The Ministry of Health must ensure its healthcare programmes at Orang Asli settlements are carried out according to its SOP and the quality of the service should not be compromised. Regular visits and proper treatment must be the practice. ANNUAL REPORT 2019 151 v. The Ministry of Education and JAKOA must seriously address the educational needs of the Orang Asli community. Access and quality education for the children must be ensured. vi. Authorities like PDRM should not arrest Orang Asli from neighbouring settlements who come to show support and solidarity with their fellow Orang Asli when they have a problem. Their presence should not be construed as incitement.

The way forward

The Orang Asli community will continue to highlight their grouses until and unless the authorities and other stakeholders respect their rights. It’s about time their concerns are addressed, their rights recognised and actions are taken to meet their needs. SUHAKAM will continue its engagement with all relevant stakeholders, especially the government agencies, to discuss the implementation of its recommendations over the years. CHAPTER 5 152 SUHAKAM

5.2 CHILDREN

OVERVIEW

Malaysia is a party to the Convention on the Rights of the Child (CRC). This means the government is responsible for ensuring that all children, including non-citizens, are protected from any abuse or violation of rights. Although Malaysia acceded to the CRC on 17 February 1995, it has only submitted its report to the CRC Committee once. In December, the Deputy Women, Family and Community Development Minister, Hannah Yeoh, was reported as expressing the government’s commitment to submit its second report to the Committee in 2020. SUHAKAM urges the government to fulfil its obligations under the Convention.

During the year, SUHAKAM investigated several cases, issued public statements, conducted workshops and organised consultations on several child issues, among others, alternatives to detention for children, tahfiz school issues and child marriage.

1. Alternatives to Detention for Children

SUHAKAM, together with Civil Society Organisations (CSOs), have been advocating alternatives to detention for children (ATD) held in immigration depots since 2014. Though there have been several discussions with the government and positive feedback was given during the talks, the ATD pilot project has not been implemented yet.

According to the Immigration Department children were not arrested for violating immigration law. However, they took them along with the adults for their safety. In 2018, there were more than 1,000 children detained at the immigration depot. Article 37(b) of the Convention on the Rights of the Child (CRC), which Malaysia is a state party of the Convention, states that:

‘No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time’. ANNUAL REPORT 2019 153

The CRC Committee recommended that States should expeditiously cease the detention of children on the basis of their or their parents’ migration status and implement alternatives to detention14.

SUHAKAM visited various immigration detention centres in Malaysia and observed that there are no facilities for children in almost all of the depots. The children suffer in the unconducive environment. It may affect their development as it would have a long-term impact on them. Hence, SUHAKAM is looking forward to the implementation of ATD.

In this regard, SUHAKAM reiterates its call to the government to implement the following short- and long-term recommendations: i. Develop and pilot a vulnerability screening and assessment tool, and a referral mechanism to enable the detection of persons with vulnerabilities, such as children, pregnant women, and disabled persons at the earliest stage possible and for them to be given proper care per their needs. ii. Amend the current standard operating procedures relating to the detention of children. iii. All unaccompanied children who are in immigration detention centres should be released to civil society-run shelters as part of a pilot ATD project for children. SUHAKAM hopes that such measures will then be widely implemented and applied to all children who are in immigration detention or found by the enforcement authorities. This is to ensure that the best interests of the child are upheld. iv. Implement alternatives to detention for all children, pregnant and breastfeeding mothers and other vulnerable groups in custody. CHAP T ER 5 v. Allow formal education for refugee children. vi. Provide easy access to healthcare and abolish the practice of arresting undocumented and non-UNHCR cardholders who seek treatment. vii. Accede to the 1951 Refugee Convention, its 1967 Optional Protocol to accord adequate protection for refugees and asylum seekers in Malaysia.

14 Committee on the Rights of the Child, Report of the 2012 Day of General Discussion on the Rights of All Children in the Context of International Migration, 28 September 2012, pg. 18-19, available at https://www.refworld.org/docid/51efb6fa4.html 154 SUHAKAM

2. Tahfiz Schools

SUHAKAM began looking into tahfiz schools to improve the conditions after a number of issues were reported, including the death of students in a fire and allegations of physical and sexual abuse in the schools.

SUHAKAM visited several tahfiz schools to understand their problems. SUHAKAM collaborated with the state religious departments to organise human rights workshops for tahfiz school administrators. SUHAKAM has also raised matters concerning tahfiz schools during meetings with the minister, JAKIM and state religious authorities.

SUHAKAM found that many problems cropped up in unregistered private tahfiz schools due to lack of financial assistance, trained teachers and effective monitoring by the authorities. Also, the diverse syllabus at tahfiz schools - which is not recognised by the authorities – poses a problem for its graduates who want to further their studies or to seek a good job. Furthermore, the incidents of bullying in tahfiz schools is worrying. SUHAKAM is dismayed over the death of a seven-year-old pupil at a tahfiz school in Kampung Kuala Kaung, , Pahang, in November this year, as a result of bullying. It was later discovered that the school which opened in January had not applied for registration with the religious authority15.

Nonetheless, there were positive actions taken by the Federal Government, among others, the establishment of the National Tahfiz Council (NTC). The National Council on Islamic Affairs approved the NTC on 12 September, and it is expected to be launched early 202016. In this regard, SUHAKAM hopes that the NTC will engage with relevant stakeholders, including SUHAKAM, to provide input on child rights in formulating solutions for the problems surrounding tahfiz schools.

SUHAKAM also commends the Federal Territory and Selangor State Authorities for issuing tahfiz schools with an ultimatum in these two states

15 .com, ‘Lanchang tahfiz school never registered, ordered close’, 9 November 2019, accessed on 29 November 2019, http://www.bernama.com/ en/news.php?id=1787990. 16 , ‘Majlis Tahfiz Negara bakal dilancar tahun depan’, 6 November 2019, accessed on 29 November 2019, https://www.sinarharian.com.my/article/55904 BERITA/Nasional/Majlis-Tahfiz-Negara-bakal-dilancar-tahun-depan. ANNUAL REPORT 2019 155

to register with the religious authorities before the end of 2019 or face being closed17.

On 25 November, the Deputy Minister of Human Resources announced that the ministry plans to introduce the Tahfiz Malaysian Skills Certificate (SKM) to add value to tahfiz students’ academic qualification. He added that he is hoping for Kedah to be the pioneer18.

In keeping with these positive developments, SUHAKAM recommends that unregistered tahfiz schools in other states be compelled to register with the relevant State Islamic Religious Department or the Ministry of Education. Schools that fail to register should be closed and their students sent to registered tahfiz schools, to ensure monitoring of their safety and best interests.

There should be regular monitoring of registered tahfiz schools to identify safety requirements, quality of curriculum and teaching, as well as providing adequate financial assistance. The best interests of the child should be a critical factor in consideration of any action, including legislation, policies and programmes that impact on the child.

3. Child Marriage

Child marriage is a grave violation of human rights. It affects the rights of the child to education, health, freedom from violence and free choice. Article 16(2) of the Convention on The Elimination Against All Forms of Discrimination Against Women (CEDAW), which Malaysia is a state party to, states that “the betrothal and the marriage of a child shall have no CHAP T ER 5 legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory”.

Unfortunately, child marriage is still an alarming issue in Malaysia. In February this year, the Kelantan Syariah High Court judge announced

17 , ‘S’gor ruler issues decree to shut down unregistered tahfiz schools’, 18 March 2019, accessed on 29 November 2019, ttps://www.malaysiakini.com/ news/468451. 18 The Sundaily, ‘Human Resources Ministry mulls introduction of Tahfiz skills certificate’, 26 November 2019, accessed on 29 November 2019, https://www.thesundaily. my/local/human-resources-ministry-mulls-introduction-of-tahfiz-skills-certificate- XE1655541. 156 SUHAKAM

that 15 applications for marriage involving children were submitted from 2018 until January 2019, and that 10 of them were approved19.

Table 20: Number of child marriage applications submitted to Syariah Courts20

Year Number of applications to Syariah Courts for Muslim child marriage 201921 722 2018 856 2017 877 2016 1,021 2015 1,144

However, the problem is not just pervasive in the Muslim community. It was reported in July that the child marriages among non-Muslims in the country are increasing from year to year. As such, CSOs and academics are calling for the government to address the problem of child marriage holistically.

Table 21: Data of child marriages for non-Muslims, 2014 - 201822

Year Number of non-Muslim child marriages 2018 930 2017 741 2016 654 2015 436 2014 410

The current minimum age of marriage for Muslims is 16 for females and 18 for males in all states except Selangor. But the laws are not the main and only factor that leading to child marriages. Although the minimum

19 Mstar,’15 permohonan kahwin bawah umur dikemukakan di Kelantan’, 14 February 2019, accessed on 29 November 2019, https://www.mstar.com.my/lokal/ semasa/2019/02/14/kahwin-bawah-umur. 20 Source: Jabatan Kehakiman Syariah Malaysia (JKSM). Received on 27 December 2019. 21 Till 2 December 2019. 22 The Star Online, ‘Non-Muslim child marriages on the rise’, 15 July 2019, accessed on 28 November 2019, https://www.thestar.com.my/news/nation/2019/07/15/ nonmuslim-child-marriages-on-the-rise. ANNUAL REPORT 2019 157

age of marriage under the Law Reform (Marriage and Divorce) Act 1976 is 18 for both males and females, there is an increasing number of child marriages among non-Muslims.

Socio-economic factors like poverty, lack of educational opportunities and the perception that early marriage is a solution to premarital sexual relations are among the root causes of child marriage. SUHAKAM has called on the government to raise the minimum statutory age of marriage to 18 years for both men and women. SUHAKAM also urges the government to tackle the root causes by increasing educational opportunities for girls, including school dropouts; making secondary school education compulsory, and; conducting effective awareness programmes on sexual and reproductive health for the public.

On 20 November, the Women, Family and Community Development Ministry marked the 30th anniversary of the CRC with a national pledge to address the problem of child marriages with the development, implementation and monitoring of the National Strategic Plan on Addressing the Causes of Child Marriage 2020-202523. The ministry informed SUHAKAM that the draft strategic plan is awaiting Cabinet approval. SUHAKAM applauds such initiatives by the government and hopes that SUHAKAM will be engaged in the implementation and monitoring of the plan.

The Way Forward

SUHAKAM is concerned with the slow progress in addressing the issue of children in detention, problems in tahfiz schools and child marriages. CHAP T ER 5 Nonetheless, SUHAKAM looks forward to the implementation of several positives commitments and promises by the government in tackling these issues. In this regard, SUHAKAM will play its role in advising the government and monitoring the implementation of the initiatives.

23 Bernama.com, ‘Malaysia produces National Pledge to mark CRC@30’, 20 November 2019, accessed on 29 November 2019, http://www.bernama.com/en/ news.php?id=1791630. 158 SUHAKAM

5.3 WOMEN AND GENDER

OVERVIEW

Malaysia ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1995 and hence is obliged to enact laws that formally recognise gender equality. However, SUHAKAM observes that gaps remain in the full realisation and operationalisation of CEDAW. Women in this country still experience discrimination in several areas. The same goes for the Lesbian, Gay, Bisexual and Transgender (LGBT) community, in particular, trans people because of how society perceives them.

1. Citizenship Issues

SUHAKAM notes that recently there have been calls for equal rights for Malaysian women and men in conferring nationality on their children who were born overseas. Presently, Article 14 (1)(b) of the Federal Constitution allows an application for citizenship for every person born outside Malaysia whose father is, at the time of birth, a Malaysian citizen. Mothers, on the other hand, have to go through a more arduous process, and it can take years. Other challenges include the lengthy and complicated process and the lack of clarity in the reasons for rejecting the application.

SUHAKAM understands that the Ministry of Women, Family and Community Development is pushing for a review of the laws on citizenship. As such, SUHAKAM reiterates its call for the government to review the matter under Article 8(2) of the Federal Constitution. This clause expressly states that there shall be no discrimination against its citizens on the ground of religion, race, descent and place of birth or gender in any law.

2. Transgender

SUHAKAM began its initial work in sexual minority rights from 2010. SUHAKAM believes that all individuals regardless of their sexual orientation or gender identity, have the same fundamental rights as enshrined in the Federal Constitution. ANNUAL REPORT 2019 159

Bearing in mind the religious and cultural sensitivities of discussing issues on the Lesbian, Gay, Bisexual and Transgender (LGBT) community openly, SUHAKAM choose to engage with stakeholders in closed-door discussions. There were meetings with various groups, including Islamic groups and non-Muslim groups, LGBT groups, as well as individuals working with and advocating for LGBT rights. Similarly, there were roundtable discussions and workshops to discuss further the rights of sexual minorities and the human rights abuses faced by them. a) SUHAKAM’s Efforts i. Study on Discrimination against Transgender Persons Based in Kuala Lumpur and Selangor (Right to Employment, Health Care, Education, Housing and Dignity)

In 2016, SUHAKAM embarked on a study of discrimination against transgender persons based in Kuala Lumpur and Selangor relating to their right to employment, healthcare, education, housing and dignity. The study was undertaken with the following objectives:

• To assist SUHAKAM in identifying strategic actions to ensure respect of human rights of the transgender community. • To monitor and compile data on incidences of discrimination against transgender persons on their rights to employment, health care, education, housing and dignity. • To collect materials and information on the challenges of transgender persons to promote respect for their human rights. To utilise these materials and information as advocacy tools to

• C H A PT ER 5 create awareness on transgender issues.

The study was published in March 2019. It found that discrimination based on gender identity and sexual orientation still occurs in our society. Many transgender persons face discrimination in the education system and in accessing formal employment, housing, healthcare and insurance. Also some were not treated with dignity, especially when arrested or detained by enforcement authorities.

SUHAKAM notes the difficulty to address issues concerning the transgender community, owing to the religious and cultural sensitivities in Malaysia. SUHAKAM strongly believes that steps must be taken to uphold their rights as human beings and protect them against any discrimination, harm and violence. That would be in line with SUHAKAM’s stand that all human beings, regardless of their sexual 160 SUHAKAM

orientation, shall enjoy a full range of human rights without exception. These rights include access to education, employment, housing and healthcare services, among others.

Based on the study, SUHAKAM recommends that the protection and promotion of rights of transgender persons conform to international human rights standards and norms. And that this happens through awareness and education programmes, continuous dialogues and discourses, a legal or policy framework against discrimination, the criminal justice system, capacity building and training, and facilities suitable to the needs of transgender persons.

ii. Closed-Door Discussion Regarding SUHAKAM’s Study on Discrimination Against Transgender Persons Based in Kuala Lumpur and Selangor (Right to Education, Employment, Healthcare, Housing and Dignity)

The objectives of the discussion on 22 March were to provide an overview and to discuss SUHAKAM’s findings and recommendations in respect of their right to education, employment, healthcare, housing and dignity; to obtain feedback on the challenges faced by government ministries/agencies in addressing issues raised in the report; and to promote the uptake and implementation of SUHAKAM’s recommendations.

Representatives of various government agencies, as well as non- governmental organisations who worked closely with SUHAKAM during the study, attended the discussion.

Many keys issues were raised during the discussion. There is a constant denial of the existence of the community; legal gender recognition; lack of access to necessary facilities; lack of basic healthcare for transgender persons; and the negative perception of doctors/ medical practitioners as well as the government’s conversion therapy/ corrective approaches; shifts in acceptance by the family members; and discrimination in the healthcare/education setting. After all that, marriage/family life is not a priority for transgender persons as their right to express themselves has not been recognised.

b) SUHAKAM’s Engagement with Stakeholders

Apart from the closed-door discussion, SUHAKAM will hold a series of meetings with relevant government agencies as a follow-up to ANNUAL REPORT 2019 161

the study. Individual sessions will be held with respective agencies to discuss the above report further and its findings as well as SUHAKAM’s recommendations. i. Working Meeting with Inspector General of Police

SUHAKAM highlighted the violations and discrimination faced by the transgender community during its working visit with YDH Dato’ Abdul Hamid Bador, the Inspector General of Police (IGP) on 21 August 2019. These occur during police arrest or during detention in a police lock-up, as the majority of trans women are placed in cisgender men facilities.

While acknowledging the discrimination transgender persons faced, the IGP informed that there was no clear Standard Operating Procedure (SOP) for the arrest and detention of transgender persons. He agreed to discuss and consider developing an SOP. SUHAKAM shared a monitoring guide on “Towards the Effective Protection of LGBTI Persons Deprived of Liberty” developed by the Association for Prevention of Torture for further information and consideration. ii. Meeting with the National Registration Department

SUHAKAM met with the National of Registration Department (NRD) on 4 October 2019 in Putrajaya. The meeting was chaired by its Deputy Secretary General (Operations).

According to NRD, since there is no provision in the laws or policies on C H A PT ER 5 legal gender recognition, no amendments of gender can be made on the Identification Card. Those who have had Sex Reassignment Surgery (SRS) are required to present medical evidence and the matter will then be taken to court. NRD will act upon the court’s decision on whether to grant the change of gender. While a gender marker cannot be amended, a partial name change is still possible with due consideration.

The Way Forward

SUHAKAM will continue to have follow-up meetings with relevant ministries/ agencies to discuss further the issues raised and how to move forward with SUHAKAM’s recommendations. 162 SUHAKAM

5.4 huMAN TRAFFICKING

OVERVIEW

The Human Rights Commission of Malaysia (SUHAKAM) takes note that human trafficking and people smuggling has become an alarming trend in Malaysia. In the current year, there were nine complaints of human trafficking and people smuggling. Usually, human trafficking in Malaysia involves sexual exploitation and forced labour.

SUHAKAM learnt through a news report that the National Strategic Office - Anti-Trafficking in Persons and Anti-Smuggling of Migrants Council (NSOMAPO) recorded 1,360 cases in 2018 involving human trafficking victims placed at shelters24. SUHAKAM notes that, out of the figure, sexual exploitation cases were the highest at 776, followed by forced labour with 508 cases25. According to Shakib Ahmad Shakir, Deputy Secretary General of the Ministry of Communications and Multimedia, there is a decline in the number of cases from 429 to 303, when compared to the human trafficking cases between 2017 and 201826.

On 26 June 2019, SUHAKAM was briefed by Dan Wright, Deputy Political Chancellor of the US Embassy here, on the US State Department’s Trafficking in Persons Report. In the meeting between the embassy and NGOs, Wright reiterated that Malaysia was on the Tier Two Watchlist. He said Malaysia does not meet the minimum standards for the elimination of human trafficking but was making significant efforts to do so. Among them was convicting slightly more traffickers, issuing a considerable number of passes allowing victims freedom of movement from shelters,

24 Human Trafficking Cases on the Rise in Malaysia: says Shakib Shakir, Ministry Deputy Secretary General, Borneo Post, 20 March 2019, https://www.theborneopost. com/2019/03/20/human-trafficking-cases-on-the-rise-in-malaysia-says-ministry- deputy-sec-gen/ 25 Ibid. 26 Shakib Ahmad Shakir, Deputy Secretary General of the Ministry of Communications and Multimedia during the Cyber Crime Prevention and Anti-Trafficking Briefing Programme on 19 March 2019 in the Auditorium of Radio and Television of Malaysia, Sarawak via Human Trafficking Cases on the Rise in Malaysia, Borneo Post, 20 March 2019. ANNUAL REPORT 2019 163

and establishing an additional shelter for adult female trafficking victims. The new shelter has not housed any victims yet. The government reported some investigations into the allegations of official complicity in trafficking activities. It also established a Royal Commission of Inquiry (RCI) to look into the camps and mass graves discovered in Wang Kelian in 201527.

SUHAKAM’s Efforts

On 25 April 2019 in Kuala Lumpur, SUHAKAM published officially the report, ‘Sold Like Fish’, which was in collaboration with Fortify Rights, a human rights NGO based in Bangkok. The report focuses on crimes perpetrated by human traffickers against Rohingya refugees in the sea, and human trafficking camps in Malaysia and Thailand. It is aimed at providing evidence for the RCI. It is also to ensure justice for the victims, accountability for the perpetrators and policy changes to strengthen Malaysia’s national and regional response to human trafficking.

In the report, SUHAKAM analysed the criminal dimensions of the violence against the Rohingyas, who are victims under the Rome Statute28 of the International Criminal Court (ICC) – which the government of Malaysia earlier acceded to - as well as international jurisprudence. The report stated that, under Art. 7 of the Rome Statute, a crime against humanity is committed when one or more prohibited criminal acts are, “committed as a widespread or systematic attack directed against any civilian population, without knowledge of the attack”29. The report says that an “attack” in the context of crimes against humanity need not involve armed conflict and may occur during peace30. C H A PT ER 5 Recommendations

Throughout its investigation, SUHAKAM found a reasonable ground to believe that a transnational crime syndicate committed enslavement, imprisonment, torture and rape, murder, extermination, and forcible

27 2019 Trafficking in Persons Report (Malaysia), the US Embassy, 20 June 2019 28 The government of Malaysia decided to withdraw its instrument of accession to the Rome Statute of the International Criminal Court on 5 April 2019. 29 Fortify Rights, “Sold like Fish”: Crimes against humanity, mass graves, and human trafficking from Myanmar and Bangladesh to Malaysia from 2012 to 2015, Relief Web, 27 March 2019, https://reliefweb.int/report/malaysia/sold-fish-crimes-against- humanity-mass-graves-and-human-trafficking-myanmar-and 30 Ibid. 164 SUHAKAM

transfer or deportation as part of a widespread and systematic attack against Rohingya civilians from Myanmar. SUHAKAM believes that they did so with the knowledge that a widespread and systematic attack was underway. SUHAKAM conducted visits, interviews and recorded statements from various stakeholders. SUHAKAM is of the view that survivors of these attacks deserve protection under Malaysian law as survivors of human trafficking, in the case of Rohingyas, and they are to be protected as refugees.

SUHAKAM recommends that the RCI31 establish the facts and circumstances of the human trafficking, deaths, and mass graves in Wang Kelian, Perlis, and the law enforcement agencies’ response to the mass graves and trafficking of men, women and children to Malaysia from 2012 to 2015. Wherever possible, SUHAKAM recommends the Royal Commission of Inquiry on Wang Kelian identifies those believed to be responsible and to prosecute them in Malaysia. They must also be held accountable individually beyond criminal prosecution. SUHAKAM views that Malaysia should hold to account those responsible for committing crimes against humanity through fair and impartial trials conducted under international human rights law.

The Way Forward

SUHAKAM will continue monitoring by visiting victims of human trafficking at the Department of Social Welfare’s shelter.

31 The Royal Commission of Inquiry (RCI) on Wang Kelian was set up by the government of Malaysia on 29 January 2019, among others, to study all documentary evidence on the human trafficking and mass graves which was discovered in Wang Kelian. The RCI commenced on 17 April 2019 for 17 days and was concluded on 18 Jun 2019. The RCI findings are still pending. ANNUAL REPORT 2019 165

5.5 REFUGEES AND ASYLUM SEEKERS

OVERVIEW

Article 14 of Universal Declaration of Human Rights (UDHR) guarantees that everyone has the right to seek and to enjoy in other countries asylum from persecution and this right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

In the current year, SUHAKAM received 14 complaints about refugees and asylum seekers. A substantial number of complaints were related to the arrests and detention of refugees and asylum seekers.

According to the United Nations High Commission for Refugees (UNHCR), as of June 2019, there are 81 refugees and asylum seekers detained in Immigration Depots for a long period. Of them, 41 are non-Rohingya, which include Chins, Myanmar Muslims, Rakhines and Arakanese. Whereas, another 40 of them are refugees and asylum seekers from countries such as Pakistan, Yemen, Iraq and many others. SUHAKAM highlighted this matter to the Immigration Department’s Director General during a meeting, and the list of these 81 people was provided for his further action. CHAPTER 5 SUHAKAM’s EFFORTS

During the year SUHAKAM took the initiative to investigate a case involving 35 Rohingyas including nine minors who had landed in Perlis waters in poor physical and health conditions. The Rohingyas were believed to be trafficked from Bangladesh to Malaysia via Thailand’s waters. However, after police investigations, they were all convicted under the Immigration Act for not having documents. There was no conviction for trafficking as no syndicates were found during the arrest. All of the refugees were detained at Belantik Immigration Depot. They had proper medication and food. SUHAKAM visited them on 11 April 2019, and the case was highlighted to UNHCR for their further action. 166 SUHAKAM

In the first quarter of the current year, SUHAKAM visited the community of Rohingyas on Penang Island. There are 300 families among the 500 residents and the majority are Rohingya, Myanmar Muslims and Myanmar Indians. Several families share housing units in the community. Issues pertaining to education, employment and health care were highlighted to SUHAKAM during the visit.

RECOMMENDATIONS

Based on its visit, SUHAKAM recommends the following:

i. Refugee children should have the opportunity to continue formal education as this will ensure they do not engage in any negative social issues. ii. There should be cooperation among the NGOs, volunteers and other relevant agencies to jointly conduct skills-based classes such as the tailoring, vehicle repair, and barbering. This could help the community to increase their skills to enhance their financial status. iii. The current government should consider the policy of allowing the Rohingya community to work. This could impact the Rohingya community from the aspect of getting basic needs and significantly strengthening their economic status. iv. The government should also consider providing medical treatment for refugees in order to reduce their burden.

The Way Forward

SUHAKAM will continue to investigate any human rights abuses involving refugees and asylum seekers. ANNUAL REPORT 2019 167

5.6 PERSONS WITH DISABILITIES

OVERVIEW

Malaysia enacted the Persons with Disabilities Act 2008 (Act 685 or PWD Act) on 7 July 2008. It subsequently acceded to the United Nations Convention on the Rights of Persons with Disabilities (CRPD) on 19 July 2010, with reservations to Article15 (freedom from torture or cruel, inhuman or degrading treatment or punishment) and Article 18 (liberty of movement and nationality).

The Persons with Disabilities Act defines PWD as “those who have long term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society”. According to the Department of Social Welfare Malaysia (JKM), as of December 2019, there are 542,918 or over half a million of persons registered with a or multiple disabilities in Malaysia32. Of this figure,189,991 are women and 352, 927 were men33. All PWD, regardless of the category of disabilities, registered or unregistered, enjoy the full range of human rights grounded in the PWD Act and CRPD, based on the principles of inclusion, equality and non-discrimination.

SUHAKAM is pleased to note that the government accepted in full all of the 11 recommendations on PWD from the Third Universal Periodic CHAPTER 5 Review (UPR), demonstrating its commitment to promote and protect the rights of PWD in various aspects, including education, healthcare and accessibility. While SUHAKAM appreciates the government’s commitment in this regard, it sees the need for the government to undertake more significant effort to transform its involvement into actions that bring tangible change in the lives of PWD in Malaysia.

32 Kementerian Pembangunan Wanita, Keluarga dan Masyarakat (KPWKM), https:// manis.kpwkm.gov.my/manis/#!/app/laporan/oku 33 Ibid. 168 SUHAKAM

1. Strengthening PWD’ Rights Through Law Reform

SUHAKAM reiterates its call for the government to address the gaps in the existing PWD Act as highlighted in its previous annual reports. They include:

i. The absence of specific provisions that impose penalties on individuals and/or organisations that fail to comply with the Act has impeded its full implementation and enforcement34. ii. The absence of a provision for a remedy for PWD whose rights have been denied. iii. Section 41 of the PWD Act gives the government and its agencies who are members of the National Council on PWD immunity from any legal action arising from any conduct pursuant to the Act. This raises the question of state responsibility and accountability under the CRPD35.

SUHAKAM reaffirms its position that the PWD Act should be reviewed by strengthening its protection mechanisms through the inclusion of additional provisions on enforcement, penalties and access to remedies36.

SUHAKAM fully supports the proposal to amend the PWD Act and other relevant laws so that any case of non-compliance with domestic legislation can be addressed effectively.

Since April, SUHAKAM has attended a series of discussions in its capacity as a member of the Special Committee established by the Ministry of Women, Family and Community Development (MWFCD) to draft new legislation on gender equality. Among others, this new law seeks to promote and protect the rights of women and girls with disabilities.

2. National Monitoring Mechanism under the CRPD

SUHAKAM has submitted a request to MWFCD to pursue its appointment as the independent National Monitoring Mechanism (NMM) for Malaysia under Article 33(2) of the CRPD. This is a follow-up to the recommendation by the Sub-Committee on Accreditation (SCA) of the Global Alliance

34 SUHAKAM Annual Report 2018, pg 133 35 SUHAKAM Annual Report 2016, pg 38 36 SUHAKAM Annual Report 2016, pg 38 ANNUAL REPORT 2019 169 for National Human Rights Institutions (GANHRI) in October 2010 when SUHAKAM’s accreditation status came under a special review. SUHAKAM was made to understand that the MWFCD was considering amending the PWD Act and would form a special project team to deliberate SUHAKAM’s request for the NMM role. SUHAKAM has registered its readiness to be part of the project team.

3. Complaints on Disability-Related Issues

SUHAKAM observes that PWD continue to face discrimination and exclusion that hinder them from participating in society on an equal basis as other non-disabled persons. During the year, SUHAKAM received seven complaints that were mainly related to discrimination PWD faced in seeking employment, accessing banking services (ATM) and special assistance provided by airlines at the airport, as well as to participate in public events. Of the seven complaints, five involved visual impairment, while two were to do with physical impairment. SUHAKAM sees an urgent need for the government to adopt more effective measures for full enjoyment of their rights.

4. Seminar on Disabled-Friendly Places of Worship in Malaysia

As a continuation of its previous work in promoting accessibility at places of worship, SUHAKAM organised another seminar on Disabled-friendly Places of Worship on 18 March in Kuala Lumpur. The main objective was to provide a platform for relevant stakeholders to discuss the challenges that PWD face in accessing their places of worship. The seminar also hoped to come up with a resolution calling for the formulation of a CHAPTER 5 policy on disabled-friendly places of worship.

The seminar was officiated by Dato’ Maria Bernard Sinsoi, the Director of the Department for Development of Persons with Disabilities, under the Ministry of Women, Family and Community Development. The panellists were Mr Francis Johen, SUHAKAM Commissioner; Mr Murugeswaran Veerasamy, President of Damai Disabled Persons Malaysia; and Mr Azari Mat Yasir, lecturer, Faculty of Built Environment and Surveying, Universiti Teknologi Malaysia.

The seminar was attended by 80 participants from faith-based organisations, committees of places of worship, government agencies and local authorities, as well as disability-related organisations. Among the key questions and recommendations from the seminar were: 170 SUHAKAM

i. Is there a universal design which sets out disabled-friendly features at places of worship, such as a special seating area and Qibla direction for PWD? ii. Could the government provide financial aid to places of worship wanting to incorporate disabled-friendly facilities on their premises? iii. Committees that run places of worship in Malaysia lack awareness on the challenges faced by PWD in wanting to perform acts of worship, as well as the need for places of worship to provide PWD-friendly facilities. iv. There was a suggestion that Muslims who are wheelchair-bound be placed at the front section when performing their prayers in mosques. They are often in the rear part of the prayer hall. v. Malaysia could set up an “accessibility fund” as was done in Singapore. The fund will be used to assist any party who wishes to provide or upgrade facilities for PWD. vi. The government should set up a tribunal to address discrimination against PWD in Malaysia. vii. Universal design should be included into university courses in architecture, interior design and civil engineering.

A resolution outlining 10 critical principles for guidelines on disabled- friendly places of worship was developed and adopted at the end of the seminar. The resolution was then presented to the National Council of Persons with Disabilities (NCPWD), Ministry of Women, Family and Community Development (KPWKM) on 21 June. SUHAKAM indicated to MWFCD its intention to be invited as a resource agency for the Universal Design and Built Environment Committee under the NCPWD.

The panellists at the Seminar on Disabled-friendly Places of Worship on 18 March. ANNUAL REPORT 2019 171

5. Efforts to Promote Awareness on Accessibility and The Right to Worship

In line with SUHAKAM’s on-going efforts to promote the equal right of PWD to worship, SUHAKAM developed a digital story entitled ‘I want to pray’with funding support from the Asia Pacific Forum for NHRIs (APF). The digital story highlights the challenges faced by PWD who are deaf, and those with vision and with mobility impairments, in accessing their places of worship. The challenges include physical barriers when entering the mosque, temple or church, barriers when they prepare for worship (for example carrying out ablution before prayers) and being excluded from different aspects of worship.

SUHAKAM hopes that the digital story can be used as a tool to promote greater inclusion in worship and other parts of daily life for the half a million Malaysians registered as having one or multiple disabilities. It is currently available on SUHAKAM’s official Facebook Page and YouTube Channel. CHAPTER 5

Two PWD namely Mr Krishnan Sivasankaran (standing) and Mr Murugeswaran Veerasamy (seated) who participated in the digital story titled ‘I want to pray’ at a temple in Kuala Lumpur. 172 SUHAKAM

Recognising the importance of providing places of worship that are friendly to PWD, SUHAKAM undertook the initiative to develop a simplified manual which contains 10 guiding principles on disabled-friendly places of worship which focuses on the following themes:

1. Specific policy on PWD 2. Needs and facilities for PWD 3. Regular monitoring 4. Amendments to PWD Act 5. Raising awareness 6. Budget allocation 7. Training for relevant stakeholders 8. Independent monitoring The manual was distributed to a mechanism range of stakeholders including 9. Introduce and enforce penalties government agencies, local 10. Internal Standard Operating authorities, places of worship, disability-related organisations and Procedures (SOP) on PWD educational institutions in Malaysia.

The Way Forward

As an NHRI, SUHAKAM will continue to engage with various key stakeholders, including both state and non-state actors to advocate for law and policy changes towards improving the well-being of PWD in Malaysia. It will also amplify awareness on the rights of PWD among members of public and at the same time, promote greater participation and inclusion of PWD in society. ANNUAL REPORT 2019 173

5.7 WORKERS

OVERVIEW

In 2019, the Ministry of Human Resources (MoHR) invited SUHAKAM to make recommendations on its proposed amendments to the Trade Unions Act and the Industrial Relations Act, and the new Domestic Employees Regulations. SUHAKAM submitted its recommendations based on normative standards and best practices of relevant international human rights laws.

1. AMENDMENTS TO THE TRADE UNIONS ACT 1959

SUHAKAM welcomes most of the proposed amendments to this Act. One of SUHAKAM’s key recommendations is for migrant workers to be allowed to become an executive member or employee of registered trade unions. Meaningful participation and representation in trade unions for migrant workers is necessary to ensure respect and protection of their right to just and favourable conditions of work. And Article 23 of the Universal Declaration of Human Rights also gives them the right to form and join trade unions. Pursuant to the Court of Appeal judgment in Tan Tek Seng v Suruhanjaya Perkhidmatan Pendidikan (1996), due recognition of these rights is also integral to migrant workers’ civil right to life under Article 5(1) of the Federal Constitution, and civil right to CHAPTER 5 freedom from slavery and forced labour under Article 6.

SUHAKAM also recommends that children who are qualified to work under the Children and Young Persons (Employment) Act 1966 should also be allowed to be a member of trade unions. Article 15 of the Convention on the Rights of the Child gives a working child the right to freedom of association. In this regard, a child’s right to education, work and freedom of association should be recognised and consistently protected under Malaysian law.

2. AMENDMENTS TO THE INDUSTRIAL RELATIONS ACT 1967

SUHAKAM agreed to most of the amendments proposed to this Act. SUHAKAM commends the proposed removal of the ouster clauses, and 174 SUHAKAM

to transfer the power to refer wrongful dismissal cases to the Industrial Court from the Minister to the Director-General of Industrial Relations. SUHAKAM believes this would reduce undue political interference in the exercise of such powers and restore judicial oversight in terminated employees’ access to justice.

3. DOMESTIC EMPLOYEES REGULATIONS

Although the Employment Act contains provisions on domestic employees, there are still no express provisions for their maternity leave, minimum wage, rest days or holidays, hours of work and conditions of service. As such, SUHAKAM welcomes MoHR’s proposal to introduce the Domestic Employees Regulations to address these gaps. As to its substance, SUHAKAM’s recommendations focuses on broadening the application of the Regulations to include Malaysian domestic employees and standardising the use and definition of “domestic employees”. SUHAKAM’s recommendations are grounded on normative standards such as the ILO Domestic Workers Convention No. 189. This instrument requires written contracts of service, payment of wages and rest days/ periods for domestic employees.

4. PROPOSED WITHDRAWAL OF AMENDMENTS TO EMPLOYMENT ACT 1995 CONCERNING PROTECTIONS AGAINST PRE-EMPLOYMENT DISCRIMINATION

In 2018, SUHAKAM submitted recommendations concerning proposed amendments to this Act that included new provisions to protect job seekers against discrimination. However, in 2019, SUHAKAM learned, and MoHR confirmed, that these provisions would be withdrawn from the draft amendment bill. Therefore, on 17 September 2019, SUHAKAM conducted a stakeholder consultation to invite views and subsequently submitted recommendations to MoHR on the withdrawal. During this consultation, SUHAKAM found that discrimination against job seekers in Malaysia are particularly prevalent among persons with disabilities, pregnant women and transgender persons and would require legal protection. The best mechanism for such protection is this Act, whose scope should be expanded to include pre-employment.

Following the consultation, SUHAKAM issued a press statement and highlighted the issue to MoHR. SUHAKAM reiterated that removing the proposed protections for jobseekers would allow the impunity to continue. The prohibition against discrimination under Article 8(2) Federal ANNUAL REPORT 2019 175

Constitution must be upheld. Furthermore, under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of Persons with Disabilities (CRPD), Malaysia is under obligation to eliminate discrimination against women and to provide equal access to employment for persons with disabilities.

RECOMMENDATION

In conclusion, SUHAKAM recommended amendments in the proposed Acts and Regulation that uphold the following: i. Workers play an important role not only in production but also to economic growth. They deserve the right to work, right to just and favourable conditions of work and right to meaningful participation in trade unions. ii. Migrant workers should be allowed to become an executive member or employee of registered trade unions. iii. Children who are qualified to work under the Children and Young Persons (Employment) Act 1966 should also be allowed to be a member of trade unions. iv. SUHAKAM supports the proposed amendment for direct reference to Director-General of Industrial Relations, instead of Minister, in wrongful dismissal cases. v. SUHAKAM also recommends clear protection for domestic employees’ maternity leave, minimum wage, rest days or holidays, hours of work and conditions of service. vi. SUHAKAM regrets the withdrawal of proposed protections for jobseekers which would allow the impunity to continue. CHAPTER 5 vii. SUHAKAM believes Malaysia is responsible to respect, protect and fulfil the right to work and continue to uphold equal protection to all workers without distinction of any kind, such as gender, race, age, language, religion, political opinion or other status. 176 SUHAKAM

5.8 BUSINESS AND HUMAN RIGHTS

Overview

Business activities can have a wide range of positive and adverse impacts on human rights. While governments have the primary duty to protect, respect and fulfil human rights, other stakeholders, including the businesses, have an essential role to play in respecting human rights. They need to ensure that their activities and operations (including their supply chains) do not infringe the human rights of their workers and communities.

The UN Guiding Principles on Business and Human Rights

The business and human rights agenda reached a key milestone in 2011 when the UN Human Rights Council unanimously adopted the Guiding Principles on Business and Human Rights (UNGPs). The Guiding Principles underpinned three pillars: the obligation of states to protect human rights, the responsibility of businesses to respect these rights; and access to effective remedies in and out of court against human rights violations. Many different types of organisations around the world, including large and small enterprises representing diverse industry sectors, accept, endorse, and use the principles as a global standard to prevent and address the risk of adverse human rights violations in their day-to- day activities.

The National Action Plan on Business and Human Rights

In 2014, the UN Human Rights Council called on all States to implement the UNGPs and develop National Action Plans on Business and Human Rights (NAPBHR). So far, around 23 countries have produced a NAPBHR, and 24 more are in the process of developing or have committed to developing one. Various stakeholders, including civil society organisations (CSOs), indigenous peoples, national human rights institutions (NHRIs) and businesses have been involved in calling for and supporting, the developments of NAPs in their respective countries. ANNUAL REPORT 2019 177

SUHAKAM’S EFFORTS

SUHAKAM continues to play a significant role in advocating the business and human rights agenda in Malaysia by engaging various stakeholders and supporting them in their efforts to prevent human rights violations in businesses and ensuring more human rights-friendly business practices. SUHAKAM is also consistently urging the government to translate the UNGPs into a National Action Plan on Business and Human Rights (NAPBHR).

In 2019, SUHAKAM undertook several activities as below: a) National High-Level Dialogue on Business and Human Rights

On 24 June, SUHAKAM in collaboration with the Legal Affairs Division in the Prime Minister’s Department (BHEUU) and United Nations Development Programmes (UNDP) supported by the Faculty of Law, Universiti Kebangsaan Malaysia (UKM), Malaysian Centre for Constitutionalism and Human Rights (MCCHR) and Institute of Malaysian International Studies (IKMAS) held a National High-Level Dialogue (NHLD) on Business and Human Rights in Malaysia. The dialogue themed “Towards a Malaysian National Action Plan (NAP) on Business and Human Rights”, aimed to bring together various stakeholders to exchange knowledge on business and human rights and to discuss the government’s approach on NAPBHR. The NHLD was attended by government agencies, companies, NGOs, academics and trade unions. During the dialogue, Minister in the Prime Minister’s Department YB Datuk Liew Vui Keong made an important announcement that on 20 June the Cabinet had endorsed CHAPTER 5 a recommendation for human rights matters to be included under his ministerial portfolio. It includes the development of a National Action Plan on Business and Human Rights for Malaysia, which will be assisted by BHEUU. SUHAKAM will continue working closely with BHEUU and will offer its advice and inputs towards formulating a NAPBHR for Malaysia.

Among the key issues and recommendations derived from the NHLD were: i. That the NAPBHR should have its ownership within government and should clearly identify the development process, the implementation, reporting and other follow-up measures. ii. That the NAPBHR must be aligned with existing laws, policies and must reflect the Malaysian situation. On the other hand, businesses 178 SUHAKAM

need to be provided with adequate time and space to enable them to adjust their practices and operations in accordance with the UNGPs. iii. That it is important for the business sector to understand the impact of their actions and to take appropriate measures in ensuring their operations are in-line with human rights principles and do not violate any laws and regulations in the country. iv. That human rights defenders and policymakers need to work closely to ensure that business has a policy space to create and adopt the new standard and the global benchmarks.

SUHAKAM hopes that in developing NAPBHR, the government will be engaging a wide range of stakeholders, including the business sector, civil society, policymakers, regulators, academia, etc.

Participants of the High-Level Dialogue on 24 June 2019.

b) National Forum on Forced labour and Human Rights

On 3 September, SUHAKAM in collaboration with the International Organisation of Migration (IOM) organised a National Forum on Forced Labour and Human Rights with the aim of bringing together government partners, private sector stakeholders as well as civil society organisations to discuss and address key challenges faced by businesses in implementing measures to tackle forced labour in supply chains. ANNUAL REPORT 2019 179

Participants of the National Forum on Forced Labour and Human Rights organised in collaboration with IOM on 3 September 2019.

Prof. Dato’ Dr. Aishah Bidin, a former SUHAKAM Commissioner, provided an overview of business and human rights and the development of a national action plan on business and human rights. There were three discussion panels: i. Panel one, on addressing forced labour in recruitment and global supply chains, was moderated by Dr. Andika Ab. Wahab, Fellow, Institute of Malaysian and International Studies (IKMAS). The panellists

were Mr Manny Gomez, Managing Director at Staffhouse International CHAPTER 5 Resources; Ms Rose Leong, Senior Operations Manager, Magnificent Emblem Sdn. Bhd; and Ms Tara Dermott, Head of Sub-Office, IOM Hong Kong. ii. Panel two on strengthening migrant worker’s rights through coordinated action was moderated by Mr Andrew Khoo, Co-Chair of the Constitutional Law Committee, Bar Council. The three panellists were Ms Aegile Fernandez, Director of Tenaganita; Mr Adrian Pereira, Executive Director of North South Initiative; and Ms Katrina Jorene Malliamauv, human rights activist. iii. Panel three on reforms and recommendations of labour law in Malaysia was moderated by Mr Lim Wei Jiet, Secretary-General, National Human Rights Society (HAKAM). The panellists were SUHAKAM Commissioner Dato’ Mah Weng Kwai, Mr Kunaseelan 180 SUHAKAM

Nadarajah, Special Functions Officer to the Minister, Ministry of Human Resources Malaysia, and Dato Sri M. Ramachelvam, Co- Chair of the Bar Council’s Migrants, Refugees and Immigration Affairs Committee.

YB M. Kula Segaran, Minister of Human Resources, who delivered the keynote address at the forum, said that Malaysia stands against forced labour practices in global supply chains and the recruitment process. He further highlighted that the government has undertaken several corrective measures to address challenges related to forced labour in the country.

c) Code of Conduct towards Compliance of Non-Discrimination Standards for the Private Sector

As part of the efforts to promote a Business and Human Rights Agenda in 2017, SUHAKAM, Pusat KOMAS and Penang Institute came together to formulate a Code of Conduct for the Elimination of Racial Discrimination and the Promotion of Equality of Opportunity. The Code of Conduct will serve as a guideline for businesses to prevent any discriminatory practices that may potentially infringe the rights of individuals in the employment sectors.

On 23 August, SUHAKAM in collaboration with the Pusat KOMAS, Penang Institute and with the support of Penang State Government organised a Roundtable Discussion on “Code of Conduct for the Promotion of Equal Opportunities through the Elimination of Racial Discrimination”. The aim was to present the draft Code of Conduct and obtain feedback to enhance the draft code. At the time of writing, the Code of Conduct has been finalised and is estimated to be launched in early 2020.

d) Cooperation between SUHAKAM, Embassies of Belgium and the Netherlands

On 6 November, SUHAKAM organised a Dialogue on Business and Human Rights entitled “Towards a Malaysian National Action Plan, Lessons Learnt from Belgium and the Netherlands”, in collaboration with embassies of Belgium and the Netherlands. The dialogue was a platform to create awareness on the Guiding Principles and NAPBHR and to assess the challenges and opportunities through the development of NAPBHR by States. It also encouraged peer-learning amongst them and exchange of good practices. ANNUAL REPORT 2019 181

Two experts, namely Mr Dieter Vander Beke, Managing Director of the Belgian Federal Institute for Sustainable Development (FISD) and Mr Gilles Goedhart, Ministry of Foreign Affairs of the Netherlands, shared their experiences in the development and the implementation of the Belgian NAPBHR and the Netherlands NAPBHR.

Key issues shared by the experts were that:

• The government has to play an active role. It needs to acknowledge that it is the state’s duty to protect human rights, as well as to assist businesses in realising their responsibility to respect human rights as stated in Pillar 2 of the UNGPs. • The government has to engage various stakeholders – business community, civil society organisations, trade unions, academia and experts to identify key issues and to gain support for the development of NAPBHR. CHAPTER 5

Panellists of the Business and Human Rights Dialogue on 6 November 2019. e) Meetings and Engagement with Stakeholders

SUHAKAM continued its engagement with the relevant stakeholders and attended several meetings and programmes domestically and regionally in pursuing the business and human rights agenda. Besides, SUHAKAM also utilised these opportunities to share its views and experiences in creating awareness on the importance of a NAPBHR as well as to gain support towards the realisation of NAPBHR in Malaysia. Several meetings/ programmes attended and participated by SUHAKAM were as follows: 182 SUHAKAM

Table 22: Meetings/Programmes attended and participated

No. Date Organiser Details 1. 23 Sime Darby SUHAKAM provided an overview of business January Property and human rights during the Lunch & Learn 2019 Talk on Business & Human Rights Program at the HQ of Sime Darby Property. 2. 14 – 15 UNDP and The Inaugural UN South Asia Forum on March UN Working Business and Human Rights, in New Delhi, 2019 Group on India, aimed at highlighting key business Business and human rights issues in the region as well and Human as identifying opportunities for effective Rights implementation of the UNGPs in the region. At the invitation of the UNDP and UN Working Group on Business and Human Rights, Commissioner Prof. Dato’ Dr Aishah Bidin participated and provided inputs on business and human rights in Malaysia and SUHAKAM’s efforts. 3. 27 The IO Officer Helmi Fendy participated and May Foundation provided an overview on the UN Guiding 2019 (TIOF) Principles on Business and Human Rights as well its status in Malaysia at the “TechUp Business and Human Rights” public session. 4. 9 REPSOL – Commissioner Dato’ Mah Weng Kwai October a global delivered a talk on Business and Human 2019 integrated Rights at the REPSOL’s CRHR Workshop in energy Kuala Lumpur. company 5. 7 The IO At the National Seminar on Digital Rights in November Foundation Cyberjaya, Commissioner Jerald Joseph was 2019 (TIOF) a panelist in the session on ‘Human Rights and Digital Rights: Keeping our world human”. 6. 25 – 27 8th UN The UN Forum on Business and Human Rights November Forum on is an annual event that serves as a global 2019 Business platform for various stakeholders to discuss and Human issues relating to business and human rights. Rights Commissioner Assoc. Prof. Dr Nik Salida and Officer Siti Rahayu attended the th8 UN Forum on Business and Human Rights which was held at the UN Office in Geneva with the theme “Time to Act: Governments as Catalysts for Business Respect for Human Rights”. ANNUAL REPORT 2019 183

The Way Forward

SUHAKAM is concerned that a large number of businesses, especially small and medium-sized enterprises (SMEs) are still unaware of business and human rights. Towards this end, SUHAKAM will continue its efforts to promote the human rights agenda, especially to SMEs to ensure that businesses at all levels can adhere to and respect human rights principles.

In addition, SUHAKAM hopes that the government will develop the NAPBHR in Malaysia by following established processes such as comprehensive consultation sessions and a thorough national baseline assessment. SUHAKAM is always prepared to provide professional views on the NAPBHR development process when required. CHAPTER 5 184 SUHAKAM

5.9 EQUALITY AND NON-DISCRIMINATION

1. Disaggregation of Population Data

a. The Department of Statistics Malaysia (DOSM) estimated that in 2019, the total Malaysian population of 32.6 million consists of 3.2 million non-citizens (9.8%) and 29.4 million citizens [Bumiputera (69.3%); Chinese (22.8%); Indians (6.9%); and Others (1.0%)]37.

b. Under international law, minorities are defined based on national or ethnic, religious and/or linguistic identity, and States are obligated to protect minorities’ existence38. Based on this definition and for this report, minorities in Malaysia would include Malaysians of Chinese and Indian descent and ‘Other’ ethnicities since their demographic is relatively smaller than the majority ‘Bumiputera’. And they have a distinct ethnic, cultural, religious and linguistic identity39. However, the DOSM population estimates are also unclear as to who constitutes “Bumiputera” and “Others”. The Aborigines of Peninsular Malaysia (collectively referred to as Orang Asli)40 and natives of Sabah and Sarawak (collectively referred to as Orang Asal)41 may also be deemed as minorities if they are not already deemed as “Bumiputera”.

c. To this end, SUHAKAM recommends that DOSM and all other relevant agencies clarify the use and definition of the term “Bumiputera” and “Others” in the collection and publication of race or ethnicity-disaggregated data. After all, “Bumiputera” is not defined anywhere in the Federal Constitution. For consistency and

37 Department of Statistics Malaysia, Current Population Estimates 2019 as at 29 October 2019 38 Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities, as adopted through General Assembly Resolution A/RES/47/135 (3 February 1993), art 1. See also: International Covenant on Civil and Political Rights (ICCPR), art 27. 39 Compare definition of “Malay” under Article 160 Federal Constitution 40 Definition of “Aborigine” under Article 160 Federal Constitution 41 Definition of “native” under Article 161A Federal Constitution ANNUAL REPORT 2019 185

clarity, the data should refer specifically to the race or ethnicity of the subjects. A clear and objective collection, disaggregation and publication of data would significantly improve the identification of protection gaps and efficiency of measures to reduce inequalities in Malaysia. This, in turn, would help fulfil the government’s human rights obligations and to achieve the 2030 Agenda for Sustainable Development Goals (SDGs)42.

2. Application of The Federal Constitution and International Norms

a. In its comments to the National Unity and Integration Department‘s (PERPADUAN) 2019 draft Cabinet Paper (“the Cabinet Paper”) for the National Action Plan on National Unity (2020-2025) (“the Action Plan”), SUHAKAM highlighted the fact that issues in the Action Plan generally engage Malaysia’s State responsibilities concerning peace and security, human rights and sustainable development. Meanwhile, it specifically relates to the prevention of violent conflict, the prohibition of racial discrimination, and the promotion of peaceful and inclusive societies. b. SUHAKAM, therefore, recommends that the Cabinet Paper and strategies and initiatives under the Plan be grounded in the Federal Constitution and relevant principles of international law, including the jus cogens prohibition of racial discrimination43 as well as Malaysia’s pledge to uphold equal rights and fundamental freedoms through the UDHR44 under Article 56 of the UN Charter. Having a clear, objective and normative framework as a reference is imperative to CHAPTER 5 combat stereotypes and unconscious bias that is inherent in dealing with discrimination issues. c. On 17 December 2019, in collaboration with CCPR Centre, SUHAKAM organised a Workshop on Non-Discrimination and Hate Speech Law Reforms (“Workshop”). This Workshop brought together 60 Malaysian policymakers, human rights lawyers and human

42 Adopted through General Assembly Resolution 70/1, UN Doc. A/RES/70/1 (25 September 2015) 43 As recognised by the International Court of Justice in Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion (1971) ICJ Rep 16, para 52-53 44 In line with the Human Rights Commission Malaysia Act 1999, subsection 4(4) 186 SUHAKAM

rights defenders to understand the work of the UN Human Rights Committee (CCPR), i.e. the ICCPR treaty monitoring body. The Committee was represented by its Chair Ahmed Fathalla (Egypt). Malaysian Representative to ASEAN Intergovernmental Commission on Human Rights (AICHR), Eric Paulsen, was also present.

d. At the outset, Mr Ahmed began by stating that his keynote address was based on the views of the Committee through the General Comments (not his own) and concluding observations of Muslim ICCPR State parties during the review process. He then proceeded to explain key ICCPR Articles concerning non- discrimination, for example, Articles 1 (right to self-determination); 18 (freedom of thought, conscience and religion); 19 and 20 (freedom of expression and information); 26 (equality before the law and equal protection under the law); and 27 (protection of ethnic, linguistic and religious minorities). These are all interrelated and interdependent.

e. On the right to self-determination, the CCPR Chair emphasised that this is a collective right that State parties have to promote and respect. As with all ICCPR rights, this right should be read in tandem with other rights under ICCPR. For example, reading it with Article 27 would have the effect of promoting and respecting the rights of ethnic, linguistic or religious minority groups (e.g. the indigenous peoples) not just to enjoy their culture, use their language or profess or practice their belief, but also to freely determine their political status and pursue their economic, social and cultural development.

f. Similarly, the right of these minorities to self-determination cannot be meaningfully realised without protecting their rights, including equal protection under the law, freedom of religion, and freedom of expression and information. While exercise of the latter rights may be qualified to some extent through the law in limited circumstances, these rights fundamentally remain civil rights, i.e. belonging to every person regardless of their minority/majority, political, legal or other status.

g. SUHAKAM Commissioner Dato’ Seri Hishamudin Yunus delivered the next presentation at the Workshop. He began with the civil right to equal protection under the law in Article 8(1) of the Federal Constitution and how the courts, through cases such ANNUAL REPORT 2019 187

as Datuk Haji Harun Haji Idris (1981) and Alma Nudo Atenza (2019), have interpreted this article based on the doctrine of rational classification. h. Dato’ Seri Hishamudin then continued with the prohibition of discrimination based on race, ethnicity, religion, descent, place of birth and gender under Article 8(2) of the Federal Constitution. However, prohibited discrimination under this clause does not seem to cover disability and age-based discrimination. The courts in Beatrice Fernandez (2005) and Rafizah Shima (2014) have also interpreted that this clause does not prohibit discriminatory policies in private sector employment.

i. Nevertheless, he reiterates that the Federal Constitution still provides for affirmative action to correct past systemic discrimination and to protect ethnic and linguistic minorities, e.g. for the Orang Asli (of Peninsular Malaysia) in terms of Article 8(5)(c) and as upheld by the High Court in Sagong Tasi (2005). As the SUHAKAM panel in the Public Inquiry into the Enforced Disappearance of Amri Che Mat (2019) found, religious minorities should not be persecuted. They should be treated equally and protected because religious freedom is guaranteed under Article 11 Federal Constitution as a civil right of every person.

3. Addressing Income Inequality and Social Exclusion

a. Premised on SDGs 10: reduce inequality and SDG 16: promote peaceful and inclusive societies through strong institutions, SUHAKAM CHAPTER 5 also recommends through the same Cabinet Paper that the Action Plan should cover measures to address systemic discrimination and to eradicate poverty.

b. Addressing income and gender inequalities, for example, by improving equal opportunity and access to justice and services would help to ensure better protection of every person’s right to life and equal protection under the law, as guaranteed under the Federal Constitution45 and UDHR46.

45 Federal Constitution, arts 5(1), 8(1) and 8(2) 46 Universal Declaration of Human Rights, Arts 1, 2, 3 and 7 188 SUHAKAM

4. Statelessness Among National, Ethnic, Linguistic and Religious Minorities

a. In September 2019, SUHAKAM collaborated with Pusat KOMAS and the Institute for Development Studies Sabah to organise a National Conference on Non-Discrimination (“the Conference”). The Conference was attended by 160 delegates including government officials, civil society and local communities.

b. The UN Special Rapporteur on Minority Issues, Fernand de Varennes, delivered the keynote address (in his unofficial capacity) during the Conference. During his speech, he explained his role in promoting the implementation of the Declaration on the Rights of Persons belonging to National, Ethnic, Religious and Linguistic Minorities and raising awareness on issues affecting minorities around the world such as statelessness, hate speech, ethno-religious conflicts and their equal access to justice and services.

c. Statelessness became a priority mandate for the Special Rapporteur’s office after UNHCR in 2017 found that 75% of stateless people around the world come from minority groups. His office is now working closely with UNHCR in its #IBelong global campaign to end statelessness by 2024. Statelessness affects minorities disproportionately through national laws, policies and practices that systemically or effectively exclude them politically or socially; or deny them registration or citizenship. The Special Rapporteur underscored that addressing minority grievances on exclusion, inequality and injustice is key to preventing violent conflict47.

5. Regulating and Countering Hate Speech

a. In relation to the Cabinet Paper, SUHAKAM reiterates that the Sedition Act 1948 should be repealed and urged for the Action Plan to reflect the same, under Promise 27 of the Pakatan Harapan Manifesto and as recommended by the erstwhile National Unity Consultative Council. SUHAKAM also recommended for speedier implementation of rights-based regulation of hate

47 United Nations and World Bank, Pathways for Peace: Inclusive Approaches to Preventing Violent Conflict Executive Summary (2018), Executive Summary at iv ANNUAL REPORT 2019 189

speech,48 while ensuring respect for and protection of freedom of speech as guaranteed under Article 10 Federal Constitution and Article 19 UDHR. Law reforms and advocacy to this end should also reflect the collective responsibility of the government, the media and the society to act upon acts of incitement to hatred, as identified and recommended under the Rabat Plan of Action49. b. At the Conference, panellist Aidila Abdul Razak of Malaysiakini highlighted challenges of navigating between propagating hate speech and arbitrary censorship of the comments made on its online news portal and reporting on hate speech. When it comes to reporting on hate speech, Malaysiakini editors find making judgment calls more effective. There are no fixed guidelines, and they have found that calling out hate speech by some personalities could make a positive impact. However, verification of sources and the independence of social media remain some of the biggest challenges to freedom of speech in Malaysia today. c. Fellow panellist Zulkifli Hashim, representing PERPADUAN, also acknowledged that hate speech on social media that targets a particular race or ethnicity is the latest challenge to national unity in Malaysia. He urged political and community leaders to do their duty and play an active role in spreading the message of unity, peace and harmony at the societal level. d. Incidentally, political cartoonist and panellist Zunar believes that promoting understanding between the different races and religion must also include the withdrawal of arbitrary restrictions on public CHAPTER 5 discourses of “sensitive issues”. It must also ensure that communication of public policy decision affecting the different communities in Malaysia is consistent, clear and meaningful. e. At the Workshop, SUHAKAM Commissioner Dato’ Mah Weng Kwai, delivered a presentation titled “Pitfalls and Gaps in Current Malaysian Hate Speech Laws”. He began by reiterating that freedom of

48 i.e. Three-part test under Article 19 ICCPR and prohibition of incitement under Article 20 ICCPR 49 Rabat Plan of Action on Prohibition of Advocacy of National, Racial or Religious Hatred that constitutes Incitement to Discrimination, Hostility or Violence, UN Doc. A/HRC/22/17/Add.4 (11 Jan 2013), para 35 190 SUHAKAM

speech under Article 10(1) Federal Constitution is not absolute and may be restricted by the law based on national security, public order or morality, Malaysia’s international relations and incitement to any offence. Herein lies the challenge of regulating hate speech in Malaysia: through the enforcement of laws, for example, Sedition Act 1948, Printing Presses and Publications Act 1984, and Sections 211 and 233 of the Communications and Multimedia Act 1998 – all of which this government promised to abolish.

f. Dato’ Mah clarified that while all incitement to hostility, discrimination or violence is hate speech, not all hate speech constitutes incitement. In line with Article 20 of ICCPR, it is an act that amounts to incitement to hostility, discrimination or violence, where there is intent on the speaker’s part to advocate hostility, discrimination or violence and there is a reasonable likelihood that the act may result in the same. Elements such as the provocation of the content; the social standing or influence of the speaker; the mode of dissemination (social media etc.); and the targeted audience – all need to be factored in assessing the likelihood of intent and result. Only acts that reach this high threshold of incitement should be prohibited. Everyone should also remember that hate speech leads to hate crimes, violence and war.

g. Citing specific problematic provisions under said laws, Dato’ Mah went on to demonstrate how current hate speech laws in Malaysia fall short of these standards. Therefore, hate speech law reforms should be aimed at striking a balance between the protection of the right to freedom of speech and expression, which is primary, and the restrictions to such right, which must be enforced proportionately as an exception and only as necessary on permissible grounds. Hate speech law reforms should also be aimed at closing gaps and addressing existing pitfalls, including the continuing political threats against civil society, human rights defenders and mainstream media; and populist and polarising political rhetoric.

6. Institutional and Policy Reforms to Strengthen National Unity

a. During the Conference, Sabah Assistant Minister of Law and Native Affairs and panellist YB Jannie Lasimbang emphasised that the promotion of ethnic and religious understanding should involve ANNUAL REPORT 2019 191

indigenous communities and meaningful participation of village leaders. Policies such as the National Action Plan on Unity must also be able to promote inclusion, diversity and pluralism, that upholds the rule of law and is in line with international human rights standards.

b. Meanwhile, SUHAKAM Commissioner and panellist, Jerald Joseph, challenged the government to be consistent and courageous in rising above populism, in fulfilling their election promises and holding those responsible for inciting hatred accountable.

c. Human rights lawyer and panellist, Andrew Khoo, stressed the need to appreciate the dynamics of de jure and de facto discrimination particularly in terms of the Federal Constitution, the Malaysia Agreement and human rights treaties.

Recommendations

SUHAKAM’s recommendations, past and present, related to this thematic area are as follows:

a. Reform the Printing Presses and Publications Act 1984 and other media laws to liberalise the licensing of the media and publications, and to legally recognise the establishment of a Media Council, with a view to promote equal access to freedom of information; freedom of the press; and responsible journalism50. b. Review the Aboriginal Peoples Act 1954 to address protection CHAPTER 5 gaps and issues affecting the Orang Asli as an ethnic and linguistic minority in Malaysia, including their land rights as recommended by SUHAKAM in its National Inquiry into the Land Rights of Indigenous Peoples51. c. Repeal the Sedition Act 1948 without further delay, and address the disproportionality in the presumption of “seditious tendency”52.

50 SUHAKAM Annual Report 2011, 14-15 51 SUHAKAM Report on the National Inquiry into the Land Rights of Indigenous Peoples (2013), 164-174 52 SUHAKAM Press Statement, 17 May 2014 192 SUHAKAM

d. Enact and enforce the Harmony Bills (i.e. Religious and Racial Hate Crimes Bill, National Harmony and Reconciliation Commission Bill and National Harmony Bill) as proposed by the National Unity Consultative Council, and with the amendments recommended by SUHAKAM53.

e. Address “hate speech” only as an exception to freedom of speech based on the objective criteria rooted in Article 19 of the Universal Declaration of Human Rights (UDHR) and Article 10(1) Federal Constitution. Therefore, only “hate speech” defined and determined as incitement to race, religious or national hatred and war should be prohibited. At the same time, freedom of speech should be restricted only to the extent necessary and proportionate to fulfil the legitimate aims of respect for the reputation of others and for protection of national security, public order, public health or morals, as prescribed in the law.

f. Clarify and define the classification of data disaggregated by race or ethnicity, especially in relation to the “Bumiputera” or “Others” categories. A clear and objective collection, disaggregation and publication of data would significantly improve identification of protection gaps and efficiency of measures to reduce inequalities in Malaysia.

g. Strategies and initiatives for national unity and social cohesion in Malaysia should be rooted in the Federal Constitution and Malaysia’s human rights obligations, including concerning the pre- emptive norm (jus cogens) prohibition of racial discrimination54 and the pledge to uphold equal rights and fundamental freedoms through the UDHR55 under Article 56 of the UN Charter. Having a clear, objective and normative framework as reference is imperative to overcome the inherent unconscious bias and stereotypes while dealing with discrimination.

53 SUHAKAM Annual Report 2018, 59 54 As recognised by the International Court of Justice in Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion (1971) ICJ Rep 16, para 52-53 55 In line with Human Rights Commission Malaysia Act 1999, subsection 4(4) ANNUAL REPORT 2019 193 h. Reduce inequalities in Malaysia, including correcting systemic discrimination, eradicating poverty and improving access to justice and services in order to promote and protect every person’s right to life and equal protection under the law, as guaranteed under the Federal Constitution56 and the UDHR.

SUHAKAM Commissioners and participants with the Chair of the UN Human Rights Committee, Ahmed Fathalla (Egypt), at the Workshop on Non-Discrimination and Hate Speech Law Reforms. CHAPTER 5

56 Federal Constitution, arts 5(1), 8(1) and 8(2) 194 SUHAKAM

5.10 ISLAM AND HUMAN RIGHTS

The core message that the promotion and protection of human rights was demanded in Islam came out strong during the SUHAKAM-JAKIM National Seminar on Islam and Human Rights last year. Building on the momentum, this year, SUHAKAM accentuated engagements and cooperation with religious groups and authorities at various levels to find ways to diminish the general misconception that human rights, or its principles at the very least, run contrary to Islamic teaching.

Following the encouraging speech by YB Datuk Seri Dr. Mujahid Yusof, Minister in the Prime Minister’s Office for religious affairs, at the seminar, SUHAKAM met with the Minister on 14 January. Aside from ascertaining his plan to introduce the concept of Rahmatan lil ‘Alamin together with Maqasid Syariah, the meeting aimed to establish a closer working relationship and to discuss contemporary human rights issues in the country.

The Minister explained that the term Rahmatan lil ‘Alamin means compassion for all. He expressed hope that that would be the model for the administration of Islam in Malaysia by 2025. Maqasid Syariah is an Islamic legal doctrine that encapsulates the human rights principles of justice, equality and inclusivity, among others. The government has worked out a strategic plan that contains focus areas that will be examined for the implementation of Rahmatan lil ‘Alamin. They are preaching and media, education and human capital development, halal hub and Hajj management, Maqasid culture in research and thinking, mosque management, law and justice, and socio-economy.

The meeting also discussed the following issues:

i. While there is a perception that some politicians make use of Islam to gain political traction, others contend that dividing the two topics was unnecessary because religion cuts across all sectors, including the government. But it was agreed that politicians should refrain from using religion as their sole political agenda. ii. Communities in Malaysia should overcome unfounded fears. The Minister was referring to some groups’ objection and fear of Malaysia’s accession of the International Convention on the Elimination of all ANNUAL REPORT 2019 195

Forms of Racial Discrimination (ICERD). He said that the principles of justice and non-discrimination were upheld during Prophet Muhammad S.A.W’s struggle to spread Islam in the Jahiliyah period. iii. Concerns over the safety of children and quality of Islamic education, especially in unregistered tahfiz schools, have highlighted the need for their registration and close monitoring by the State. The Minister shared current initiatives by the federal government to overcome these, including the 2016 National Tahfiz Education Policy (DFTN) that seeks to establish uniform tahfiz education across Malaysia. The DFTN, which takes cognisance of the National Education Policy, will strengthen the curriculum as well as help in the monitoring and enforcement of laws covering such institutions. Also, JAKIM was getting amendments passed to the Administration of Islamic Law (Federal Territories) Act 1993 (Act 505). The amendment bill, which has undergone first reading in October 2018, seeks to expand the role of JAKIM, beyond registering tahfiz centres. A National Tahfiz Council will be established to assess and ensure that tahfiz institutions produce viable and holistic Huffaz or graduates of tahfiz institutions who are able to compete in mainstream sectors professionally. iv. There were grave concerns about child marriage in Malaysia. The Minister highlighted the federal government’s current Standing Operating Procedure (SOP) for the rules to be stringently adhered to in any application of marriage involving underage children. v. The Roundtable Conference on “Philosophy and procedures of Syariah criminal punishment towards achieving the aim of Compassion for All (Rahmatan lil ‘Alamin)” agreed to several legal reforms moving towards rehabilitative and educative punishments instead of punitive ones. CHAPTER 5

SUHAKAM views positively the initiatives being undertaken by the Minister through the introduction of Rahmatan lil ‘Alamin and Maqasid Syariah. Both of them stress the same global principles as that for the promotion and protection of human rights. Nonetheless, SUHAKAM notes that public perception of the relationship between Islam and human rights must be corrected for human rights to be truly understood, practised and respected in Malaysia. In the various outreach and training programmes SUHAKAM conducted during the year, several participants still viewed human rights as a western ideology that failed to respect Malaysian culture and beliefs. They stressed that human rights were incompatible and undermined Islam and the Federal Constitution. They fear that human rights encourage same-sex relations, chooses the rights of criminals over national security, and weakens the special position of the monarchy and a particular community, contrary to the guarantees in the Federal Constitution. 196 SUHAKAM

Other than its various community outreach programmes, SUHAKAM also continued its collaboration with state religious authorities to include human rights topics in Friday sermons. This is to demonstrate how human rights is not only in line with, but also commanded in Islam. This year, SUHAKAM submitted draft sermons that focus on social justice, women and children’s rights, anti-trafficking, and combating torture, cruel, inhuman and degrading treatment or punishment. The following are the list of draft scripts SUHAKAM forwarded which were considered and incorporated in part or in full by the federal or state religious departments:

Table 23: List of human rights topics in Friday sermons

No. Script Submitted Friday Sermon Incorporating Date by SUHAKAM SUHAKAM’s Submission (In Part or Full) Read 1. Islam Islam Menegakkan Keadilan Sosial: menegakkan • Department of Islamic Development 3 May Keadilan Sosial Malaysia (JAKIM) and Federal Territory (Islam upholds Islamic Religious Department (JAWI) Social Justice) • Penang Islamic Religious Department (JAIPP) 16 Aug. 2. Dijual Banteras Pemerdagangan Manusia – Perak 26 Jul. seperti Ikan Islamic Religious Department (JAIPK) (Sold Like Fish) Dijual seperti Ikan (Sold Like Fish) – Penang 27 Sept. Islamic Religious Department (JAIPP) 3. Pelihara Hak Islam Menyantuni Hak Kanak-Kanak – (JAIPK) 22 Nov. Asasi Kanak- Pelihara Hak Asasi Kanak-Kanak - Jabatan Hal 22 Nov. Kanak (Protect Ehwal Agama Islam Negeri Sabah (JHEAINS) Children’s Rights) Kanak-Kanak Pewaris Negara - (JAWI) 29 Nov. 4. Pelihara Hak Pelihara Hak Dalam Islam: dalam Islam • JHEAINS 6 Dec. (Protection of • JAIPK 13 Dec. Rights in Islam)

Towards the end of the year, SUHAKAM sent two scripts on protection against torture and empowering women’s rights. They are being considered for inclusion by the various state agencies.

In support of SUHAKAM’s submissions, the Selangor Islamic Religious Department Director, Dato’ Haji Haris bin Kasim, offered SUHAKAM at a meeting on 4 March the opportunity to attend a short course on writing scripts for Friday sermons to strengthen the quality of its submissions. SUHAKAM took part in a course on 26-28 March 2019 in Shah Alam, Selangor. ANNUAL REPORT 2019 197

Besides the above, as part of its continued effort to provide human rights training for civil servants, SUHAKAM also rolled out its Human Rights Literacy Programme for the staff of state religious departments this year. Thus far, SUHAKAM has conducted six sessions involving 366 staff members of the following state religious departments: i. Selangor Islamic Religious Department (25 March) ii. Department of Islamic Development of Malaysia (29 March) iii. Penang Islamic Religious Department (24 July) iv. Federal Territory Islamic Religious Department (17 September) v. Melaka Islamic Religious Department (15 October) vi. Sarawak Islamic Religious Department (21 October)

Human Rights Literacy Programme conducted for staff of the CHAPTER 5 Penang Islamic Religious Department on 24 July 2019.

Apart from promoting a better understanding of human rights, the programme also aimed at demonstrating how human rights principles were commanded in Islam and formed the cornerstone of documents key to Muslim countries and civilisations. They are the 1990 Cairo Declaration of Human Rights in Islam and Sahifah Madinah (Constitution of Madinah) 622 CE.

During the session, SUHAKAM had the opportunity to interact with participants on a few issues. They were: i. The word ‘Haqq’, translated as ‘rights’, occurs 287 times in the Quran and is used in approximately 18 different contexts or meanings. In 198 SUHAKAM

Islam, human rights are granted by Allah S.W.T. and not by any king or legislative body. The definition of human rights from an Islamic perspective is broader and more comprehensive for the betterment of humankind. It covers, among others, rights and responsibilities, ownership of property, partnership, desire, justice, accuracy, appropriateness, truthfulness, power, prosecution, judiciary, freedom, choice and privilege. ii. In principle, Islam does not allow discrimination on any ground, including religion and/or race. Islam, however, accepts and allows for different entitlements and treatments to specific groups of people; for example, the disabled, women, children, and senior citizens. iii. While Islam allows caning as one of the methods for parents to discipline their child, this method cannot be carried out indiscriminately and willfully. Islamic teaching has outlined that disciplining children has the sole aim of educating them and that it must be commensurate with the child’s age. The appropriate approach to educate and discipline a child based on his/her age is as follows:

• Children aged 4-6 years old – Respond to any misbehaviour by way of taujih (explanation/advice) as a way to educate the child; • Children aged 7-9 years old - Any repeat of misdeeds is addressed through tasbih (reinforcement of explanation or advice given in the earlier phase; • Children from 10 years old – If misdeed is still repeated, to ensure the child’s himayah (protection) from further misdeed and sin, the child can be caned. However, if parents failed to undertake taujih and tasbih actions earlier, they do not have the right to punish the child later by canning.

This programme was well received. Participants suggested that SUHAKAM carry out more of such sessions for state religious departments focusing on international human rights treaties and contemporary human rights issues in Malaysia like rights of children, women and persons with disabilities.

Through established relationships with various state religious authorities, SUHAKAM hopes to engage with them on specific human rights issues under their purview. One matter that SUHAKAM took up with them was related to children’s rights, especially those in unregistered tahfiz schools. During the year, SUHAKAM’s concerns over the welfare and rights of the child were raised with news reports of deaths, fires, alleged abuse and rape in tahfiz schools. On 18 March, the Sultan of ANNUAL REPORT 2019 199

Selangor ordered all unregistered, privately run tahfiz schools to close for reasons of the children’s safety as well as an inadequate academic curriculum. SUHAKAM met with Dato’ Haji Haris bin Kasim, the Selangor Islamic Religious Department (JAIS) director, on 4 March to ascertain the changes JAIS had made after the sultan’s decree. During the meeting, Dato’ Haji Haris shared the steps JAIS taken: i. JAIS updated the 2018 general guidelines for the establishment and registration of Islamic religious schools in the state (Garis Panduan Pengurusan Am (Penubuhan dan Pendaftaran) Sekolah Agama Islam Negeri Selangor Darul Ehsan 2018). It takes cognisance of the state enactment on the monitoring of Islamic religious schools (Enakmen Pengawalan Sekolah-Sekolah Agama Islam Negeri Selangor 1988 (Pindaan 2001)). This was done to keep a close watch on the registration of newly established Islamic religious educational institutions, including tahfiz schools, and to ensure that they are properly planned and have taken into consideration safety and health issues. ii. JAIS had also introduced a programme called ‘Fast Track SPM Huffaz Selangor’. The programme, which is jointly coordinated by JAIS and the Persatuan Insitusi Tahfiz Negeri Selangor (PITAS - Selangor Tahfiz Institutions Association), involves tuition classes at private tahfiz schools, which would enable the students to sit for the national examination as a private candidate.

SUHAKAM took the opportunity to offer a human rights training session for tahfiz school administrators in Selangor. After the JAIS director agreed, a Human Rights Workshop for the Administrators of Tahfiz Schools was CHAPTER 5 conducted jointly by SUHAKAM, JAIS and PITAS on 22 – 23 April 2019 in Shah Alam, Selangor. (Refer to page 8 for a report on the workshop).

The decree by the Selangor Sultan is a best practice that demonstrates the power of the sultans individually and the Conference of Rulers collectively, to mobilise state religious departments to take immediate action to promote and protect human rights.

On Oct 1, a SUHAKAM delegation led by its chairman Tan Sri Othman Hashim met with the Keeper of the Rulers’ Seal Tan Sri Syed Danial bin Syed Ahmad. They brought to his attention three specific issues that fall under the purview of state religious authorities, and therefore, under the power of State Rulers. These matters were highlighted with the aspiration that they would be conveyed to and considered by the Conference of Rulers: 200 SUHAKAM

i. Registration of Tahfiz Schools Noting that the best interests of the child should be the primary consideration in any laws and policies that impact the rights of a child, SUHAKAM urged the state reglious authority to make the registration of tahfiz schools compulsory. A positive example was seen when the ordered the closure of private tahfiz schools that were unregistered with JAIS because of issues related to safety and the quality of the curriculum.

ii. Underage marriage SUHAKAM stressed that child marriage might curtail many aspects of the rights of the child. The situation becomes grave when the free, prior and informed consent of the child is not obtained before marriage. SUHAKAM reiterates its stance that the age of marriage for both boys and girls should be raised to 18 years.

iii. Disabled-friendly mosques SUHAKAM shared its current initiative to advocate for disabled-friendly places of worships, and the accessibility of mosques to persons with disabilities (PWD). Following from the Seminar on Disabled-Friendly Places of Worship held on 18 March this year and the Seminar on Disabled-Friendly Mosques on 20 October the previous year, SUHAKAM identified these key issues related to mosques:

a) Many mosques in Malaysia do not comply with federal laws to ensure physical accessibility for PWD. They lack ramps, have no disabled-friendly parking or access to the ablution area; b) The cost to upgrade and maintain such facilities is expensive, and many mosque management committees cannot undertake them. They are dependent on public donations (refer to page 169 for SUHAKAM’s Seminar on Disabled-Friendly Places of Worship in Malaysia); and c) There was a lack of awareness among the mosque’s management committees members of the need to ensure accessibility for PWD.

Among SUHAKAM’S proposals were for state religious authorities to be made responsible for ensuring mosques were accessible to all Muslims, that there are special features and facilities to cater for PWD. For this purpose, state religious authorities must work closely with local councils to enforce the Uniform Building By-Laws 1984. Also, state governments should allocate funds for the installation of disabled-friendly facilities in mosques. ANNUAL REPORT 2019 201

SUHAKAM’s delegation led by Chairman Tan Sri Othman Hashim with The Keeper of the Rulers’ Seal, Tan Sri Syed Danial bin Syed Ahmad on 1 October 2019.

In response, Tan Sri Syed Danial agreed that there was a need for the Conference of Rulers to have the opportunity to consider relevant issues from all angles. As such he agreed for SUHAKAM to present these issues before the Conference of Rulers at its Pre-Council Meeting in February 2020.

The Way Forward CHAPTER 5

SUHAKAM looks forward to its upcoming session at the Pre-Council Meeting of the Conference of Rulers in February 2020 where it hopes to raise the human rights aspect of child marriages, tahfiz schools and disabled-friendly mosques. At the same time, SUHAKAM will continue to work closely with federal and state religious authorites on conducting human rights capacity building sessions. SUHAKAM will also submit draft Friday sermons on a range of other human rights subjects to be considered by the religious authorities in the various states. SUHAKAM will also maintain its engagement with religious authorities to discuss and find solutions for any human rights issues that come up. 202 SUHAKAM

5.11 DEATH PENALTY

SUHAKAM welcomes the government’s decision to abolish the mandatory death penalty for 11 offences under the Penal Code and the Firearms (Increased Penalties) Act 1971. SUHAKAM views this move as a step in the right direction towards the total abolition of death penalty in this country.

SUHAKAM has been engaging the Legal Affairs Division of the Prime Minister’s Department (BHEUU) on the proposed abolition of mandatory death penalty. Commissioner, Dato’ Mah Weng Kwai was appointed as SUHAKAM representative and a member of the Special Cabinet Committee to study and make recommendations on alternative punishment to replace mandatory death penalty and on transitionary measures for current death row prisoners when the abolition comes into force.

In these circumstances, SUHAKAM conducted a stakeholder consultation on 2 October 2019 to obtain views on related issues and input for the purpose of formulating SUHAKAM recommendations to the Committee. 40 participants from relevant government agencies, members of the Malaysian Bar Council and NGOs attended this consultation.

Recommendations

As an outcome for the stakeholder consultation, SUHAKAM will submit the following recommendations to the Special Committee for their serious consideration.

i. The idea of replacing death penalty with life imprisonment for a term of 30 years would be in line with SUHAKAM’s consistent position for total abolition of the death penalty.

ii. However, the government in formulating the law reforms to this end should seriously reconsider the proportionality of punishment to the gravity of all crimes currently punishable by death (mandatory and discretionary), and progressively move from a criminal justice system ANNUAL REPORT 2019 203

that is rooted in deterrent and retributive justice to restorative and rehabilitative justice. iii. In any event, SUHAKAM disagrees with natural life imprisonment and corporal punishment as alternative punishments to replace the death penalty. Natural life imprisonment denies prisoners of any hope of rehabilitation and reintegration into society and, together with corporal punishment, violates the right to freedom from torture and cruel and degrading treatment and punishment. iv. Adequate safeguards and best practice guidelines should be in place and enforced to ensure that courts adopt sentencing practices that would achieve similar goals. v. Prison conditions and standards of treatment of prisoners must also be improved to ensure that imprisonment does not effectively become cruel and degrading punishment to life prisoners. vi. SUHAKAM primarily calls for resentencing of current death row prisoners, with a view for commutation of sentences to serve prorated prison term or conditional release. vii. The proposed implementation of diyat57 as one of the alternative punishments to replace mandatory death penalty for the offence of murder may be incompatible with SUHAKAM’s consistent position for total abolition of the death penalty since the proposal is still premised on courts having the discretionary power to sentence either death penalty, diyat and/or imprisonment with the pardon of the deceased’s CHAPTER 5 family and at the option of the deceased’s representative(s). viii. Section 426 of the Criminal Procedure Code may already be invoked for the High Court to order the payment of compensation to representatives of deceased victims upon a conviction of murder. Hence, the need to introduce diyat as an alternative or as part of the mitigation action to reduce the burden of the victim’s family is open to question. Furthermore, without adequate safeguards, there is no guarantee that implementation of diyat would lead to equal treatment for the offender(s) in the face of justice especially due to differences in financial capabilities.

57 Diyat is known as “blood money” or compensation under Islamic Shariah Law for death or injury caused by a serious offence against a person.

CHAPTER 6 ADMINISTRATIVE AND FINANCE 206 SUHAKAM

ADMINISTRATIVE AND FINANCE

OVERVIEW

The Corporate Services Division performs a supporting function in the administration, finance and human resources management so that core functions can take place efficiently and effectively. The division has successfully conducted several programmes and activities, including the development of capacity and skills of the officers and staff.

1. Capacity Development and Knowledge Enhancement

The Human Resources Unit continues to provide a variety of training and courses as part of its effort to enhance the capacity and skills of SUHAKAM officers and staff in terms of technical and human rights skills. To this end, SUHAKAM consistently emphasises the need to continue improving knowledge, and the development of skills in human rights, towards their career development, and welfare. In addition, information and communication technology related knowledge is also extended to the officers as value-added skills.

Table 24: In-house training, 2019

No. Date Details 1. 26 April Briefing on Financial Management and Retirement Planning by the Employees Provident Fund (EPF) 2. 16 May Briefing on Preventive Laws in Malaysia (POCA, SOSMA, POTA) by Joshua Ericsson, Law and International Treaties Division 3. 24 May Ramadan Tazkirah Programme “My Last Ramadan” by Ustaz Syafiq Shawal, organised by the Kelab Kebajikan & Sukan SUHAKAM 4. 27 May SUHAKAM Induction Course for new staff 5. 26 July Gender Equality & Sexual Harassment in Malaysia by Aisya Abdul Rahman (Officer, Law and International Treaties Division) ANNUAL REPORT 2019 207

No. Date Details 6. 25 May Briefing on Flexi-Working Hours by Mohamad Azizi Azmi, Corporate Services Division 7. 8 August Treaty Body Reporting by Ms Hanae Hanzawa, Human Rights Officer, OHCHR South-East Asia Regional Office, Bangkok, Thailand 8. 27 September Briefing on SUHAKAM Group Insurance Policy to all staff in Headquarters by En Ibrahim, Rosegate Insurance Brokers Sdn. Bhd. 9. 4 October Training on Slido Application by Hana Shazwin Azizan, International Coordination and Media Relations Division 10. 10 October Knowledge Sharing Session on Forced Labour with SUHAKAM by the International Labour Organization (ILO) 11. 22 November Video Screening and discussion on the Uyghur in China 12. 5 November Briefing on SUHAKAM Group Insurance Policy to all staff in Sarawak Office by En Ibrahim, Rosegate Insurance Brokers Sdn Bhd 13. 6 November Briefing on SUHAKAM Group Insurance Policy to all staff in SUHAKAM Sabah Office by En. Ibrahim, Rosegate Insurance Brokers Sdn. Bhd. CHAPTER 6

One of the in-house training sessions conducted by the International Labour Organisation (ILO) for SUHAKAM staff 208 SUHAKAM

Usually, speakers/trainers for the in-house training comprise SUHAKAM staff or are experts invited by SUHAKAM. However, for this year SUHAKAM in collaboration with OHCHR and the ILO organised two in-house training sessions for all its staff on treaty body reporting and forced labour. Such partnerships are great for increasing the capacity and knowledge of human rights issues of SUHAKAM staff. If given the opportunity, SUHAKAM would like to continue this collaboration with relevant international human rights bodies.

Further to the above, efforts were also undertaken by the Human Resources Unit to source other training and courses provided by third parties, such as government training institutions and private training providers which are either free or charge minimal fees.

Table 25: Training and courses provided by third parties, 2019

No. Organiser No. of Courses 1. National Institute of Public Administration (INTAN) 9 2. Islamic Science University of Malaysia (USIM) 1 3. Prime Minister’s Department (JPM) 1 4. Selangor Islamic Religious Department 1 5. Intellectual Property Corporation (MyIPO) 1 6. National Library 1 7. Private Companies 5

Besides that, staff members were also provided with the opportunity to participate in various human rights training and courses abroad, which are usually sponsored by the organiser. They include the following:

Table 26: Human rights training and courses at international level, 2019

No. Date Subject Matter Organiser 1. 7 – 18 6th International Winter Course Seoul National University January Human Rights and Asia 2019 Human Rights Centre, Republic of South Korea 2. 22 – 26 18th Session of the United United Nations April Nations Permanent Forum on Headquarters, New York Indigenous Issues 3. 6 – 10 Training Course for NHRI’s Office of the High May on International Human Rights Commissioner for Human Mechanisms Rights, Geneva ANNUAL REPORT 2019 209

Undoubtedly, capacity building and knowledge enhancement for officers and staff require sufficient financial allocation. This is because most of the human rights-related courses are often conducted overseas. SUHAKAM has to regulate the participation of officers and staff for overseas courses as the annual grant by the government is very limited. Nevertheless, SUHAKAM still managed to provide adequate exposure and training for its officers and staff to enable them to perform and deliver their best.

2. Annual Grant by the Government

As a National Human Rights Institution or NHRI, SUHAKAM receives an annual management grant from the government, as stated in the Human Rights Commission of Malaysia Act 1999. The total operating expenditures allocated from 2009 to 2019 ranged from RM10 million to RM11.6 million. In 2016, SUHAKAM received only RM5.9 million for operating expenses. For 2019, SUHAKAM received a grant of RM10.45 million despite requesting for a total of RM15 million. After an appeal, SUHAKAM was granted an additional sum of RM2 million. In August, SUHAKAM received additional grant of RM500,000 for the office of the Children’s Commissioner, increasing the total amount received for 2019 to RM12,950,500.

Figure 4: shows the total Operating Grant Allocation channelled to SUHAKAM by the government between 2015 and 2019

14,000,000 12,950,500 12,000,000 11,616,300 11,116,300

10,000,000 8,898,822

8,000,000

5,953,930 6,000,000 CHAPTER 6

Grant Allocation (RM) 4,000,000

2,000,000

0 2015 2016 2017 2018 2019 Year 210 SUHAKAM

However, the amount of the grant is only sufficient to cover the minimum operating costs of SUHAKAM. Nevertheless, as a result of prudent spending practices, SUHAKAM is able to implement several programmes and activities based on the functions and mandates given. Taking into account the increasing demands of the government, civil society and the public as a whole, SUHAKAM is of the view that the grant should be increased in line with these demands. In addition, the Paris Principles state that an NHRI such as SUHAKAM should be provided with sufficient allocations, to enable it to appoint its own officers and premises, to be independent and not subject to financial controls by the government that may adversely affect SUHAKAM’s independence58.

In addition, to ensure Malaysia is a nation with the world’s most respected human rights record, Janji 26 Buku Harapan, also states explicitly that allocations for human rights activities by SUHAKAM and other related bodies will be increased.

3. Financial Position and Performance

Section 19(1) of the Human Rights Commission of Malaysia Act, 1999 states that the Malaysian Government shall provide SUHAKAM with adequate funds annually to enable SUHAKAM to discharge its functions. For the year 2019, SUHAKAM received a grant of RM12,950,500 compared to RM11,116,300 in 2018, an increase of 16.5%.

Table 27: Allocations of funds

No. Allocation Total Received (RM) 1. First Quarter (Jan – Mar) 2,612,625.00 2. Second Quarter (Apr – June) 2,612,625.00 3. Third Quarter (Jul – Sept) 2,612,625.00 4. Fourth Quarter (Oct – Dec) 2,612,625.00 5. Additional Appropriation 2,000,000.00 6. Allocation for the Office of the Children’s Commissioner 500,000.00 Total Funds Received 12,950,500.00

58 Principle 2 of the Paris Principles states that: “The national institution shall have an infrastructure which is suited to the smooth conduct of its activities, in particular adequate funding. The purpose of this funding should be to enable it to have its own staff and premises, in order to be independent of the government and not be subject to financial control which might affect its independence.” ANNUAL REPORT 2019 211

SUHAKAM’s income consists of an Operating Grant Allocation disbursed annually by the government to SUHAKAM, hibah and interest received from a fixed deposit. These, as well as project funds received by SUHAKAM, are utilised to promote awareness and to provide education on human rights. Among the sources listed, the Operating Grant Allocation distributed annually by the government to SUHAKAM via the Prime Minister’s Office is the primary source of funding used to carry out its operations.

SUHAKAM’s spending requirements are in line with the demands of civil society for SUHAKAM to address more human rights issues in Malaysia. For 2019, the operating expenses of SUHAKAM amounted to RM13,098,145.

SUHAKAM’s expenditure comprises emoluments, procurement of supplies and services and assets acquisition. Emolument expenses include payment of wages and salaries, permanent allowances, statutory contributions for employees, overtime allowances and other financial benefits for 82 positions filled for the year 2019.

The expenditure for supplies and services consists of travelling expenses, communications and utilities, rentals, supplies, repairs and maintenance, professional services and hospitality. These costs include expenses to run the various human rights programmes such as field studies and investigations, awareness-raising programmes, visits to places of detention and many others.

SUHAKAM’s assets acquisition for 2019 included procurement of computers, equipment and reading materials.

CHAPTER 6 212 SUHAKAM

Figure 5: shows the total expenditure of SUHAKAM from 2015 to 2019

14,000,000 13,098,145 12,001,202 12,000,000 11,476,104 11,262,751

10,000,000 9,832,150

8,000,000

6,000,000 Expenditure (RM) Expenditure 4,000,000

2,000,000

0 2015 2016 2017 2018 2019 Year

SUHAKAM’s expenses for 2019, not taking into account the depreciation of assets and write-offs, are as follows:

Table 28: SUHAKAM’s Expenditure, 2019

Expenditure Total (RM) Percentage Expenditure Emolument 5,611,871 42.84% Supplies and services 7,295,590 55.70% Asset 129,248 0.99% Rewards other fixed 58,869 0.45% payment Other expenses 2,567 0.02% Total Amount 13,098,145 100.00% ANNUAL REPORT 2019 213

Figure 6: shows comparison of Government Grant Allocation and SUHAKAM’s Operation Expenditure 14,000,000

12,000,000

10,000,000 13,098,145 12,950,500 12,001,202 11,616,300 11,476,104

8,000,000 11,262,751 11,116,300 9,832,150

6,000,000 8,898,822

4,000,000 5,953,930

2,000,000 Expenditure (RM) Expenditure 353,549 0 2015 2016 2017 2018 2019

(2,000,000) (147,645)

(4,000,000) (884,902)

Grant allocation

(6,000,000) (2,577,282) Operational Expenses

(3,878,220) Year Surplus/(Deficit)

4. SUHAKAM’S FINANCIAL STATEMENT, 2015-2019

Below are SUHAKAM’s financial statements from 2015 to 2019.

Table 29: Statement of Comprehensive Income for 2015-2019 Statement of Comprehensive 2015 2016 2017 2018 2019 Income Income

Govenrment 8,898,822 5,953,930 11,616,300 11,116,300 12,950,500 CHAPTER 6 Grant Other Income 292,138 67,687 269,806 217,779 623,750 Operational (11,400,262) (10,034,682) (11,352,468) (12,164,058) (13,107,428) Expenditure Finance Income 170,478 87,832 14,211 11,817 43,289 Surplus (Deficit) for (2,038,824) (3,925,233) 547,849 (818,162) 510,111 the Current Year 214 SUHAKAM

Table 30: Statement of Financial Position, 2015-2019

Statement of Financial Position 2015 2016 2017 2018 2019 Non-Current Assets

Property, Plant 734,670 532,137 446,154 283,298 274,015 and Equipment Total Non- 734,670 532,137 446,154 283,298 274,015 Current Assets Current Assets Deposits and 808,290 637,367 631,607 631,256 659,566 Prepayment Fixed Deposit 3,733,000 400,000 – 1,000,000 1,000,000 Cash and Bank 1,126,100 590,712 1,659,062 2,943,268 966,405 Balances Total Current 5,667,390 1,628,079 2,290,669 4,574,524 2,625,971 Assets Total Assets 6,402,060 2,160,216 2,736,823 4,857,822 2,899,986

Equity Accumulated 7,975,481 5,936,927 2,011,694 2,559,543 1,741,381 Surplus/ (Deficit) Accumulated Surplus/ (Deficit) for the current (2,038,554) (3,925,233) 547,849 (818,162) 510,111 year brought forward Total Equity 5,936,927 2,011,694 2,559,543 1,741,381 2,251,942 Current Liability Other Payables and Accrued 297,419 148,522 177,280 3,120,441 648,494 Expenses Total Current 297,419 148,522 177,280 3,120,441 648,494 Liability Total Equity 6,234,346 2,160,216 2,736,823 4,861,822 2,899,986 and Liability ANNUAL REPORT 2019 215

Table 31: Financial Ratios

Financial 2015 2016 2017 2018 2019 Ratios

Current Ratio 19.06 10.96 12.92 1.47 4.05 Debt Ratio 0.05 0.07 0.06 0.64 0.22 Debt to 0.05 0.07 0.07 1.79 0.29 Equity Ratio Return on (0.34) (1.95) 0.21 (0.47) 0.23 Equity Ratio Fixed Asset 12.74 11.48 26.67 40.05 49.70 Turnover Ratio

THE WAY FORWARD

The biggest concern for SUHAKAM undoubtedly is funding. Financial limitations with regard to staffing and programmes prevent SUHAKAM from undertaking or delving into a wider range of human rights issues. SUHAKAM is optimistic that the allocation for SUHAKAM will be increased in line with the government’s commitment to human rights and to enable SUHAKAM to carry out its mandate more broadly and efficiently. CHAPTER 6

APPENDICES 218 SUHAKAM

APPENDIX I

PRESS STATEMENTS No. Topic Date 1. Arrest of 3 individuals under the Sedition Act 1948 14 January 2. Federal Government filed a suit against the Kelantan 19 January State Government 3. Establishment of a Royal Commission of Inquiry (RCI) 20 February 4. Yemen Symposium 21 February 5. SUHAKAM’s Response to YB Dato’ Sri Nazri Aziz’s Statement 25 February 6. Accession to Rome Statute of the ICC 7 March 7. International Women’s Day 8 March 8. Abolition of 11 offences with the Death Penalty 16 March 9. Adoption of UPR recommendations at the 40th Session 17 March of the Human Rights Council in Geneva 10. Judicial Colloquium 21 March 11. International Day for the Elimination of Racial Discrimination 21 March 12. Dumping of Industrial Waste into Sungai Kim Kim 22 March 13. Resignation of Tan Sri Razali Ismail as SUHAKAM Chairman 17 April 14. Protecting the Right to FOE of Human Rights Defenders 22 April 15. MoU between SUHAKAM and Komnas HAM on 23 April statelessness in Sabah 16. SUHAKAM’s Statutory Mandate as a National Human 24 April Rights Institution 17. The Announcement of New Commissioners for SUHAKAM 26 June for 2019 – 2022 18. Peaceful Assembly (Amendment) Bill 4 July 19. Regional Dialogue on UNCAT 8 July 20. Alternatives to Children in Detention 17 July 21. Passing of the Constitutional (Amendment) Bill 17 July 22. World Day Against Trafficking in Persons 29 July 23. Native Customary Land Rights 1 August 24. International Day of the World’s Indigenous Peoples 9 August 25. Unilateral Conversion 22 August 26. The appointment of Prof. Dato’ Noor Aziah Mohd Awal 23 August as the Children’s Commissioner ANNUAL REPORT 2019 219

No. Topic Date

27. International Day of the Victims of Enforced 30 August APPENDIX I Disappearances 28. The Deportation of Asylum Seekers from Turkey 31 August 29. End of Mission Statement by the Special Rapporteur on 1 September Extreme Poverty and Human Rights 30. The arrest of Shia followers 10 September 31. 20 Years of SUHAKAM & the Way Forward 11 September 32. Protection against Discrimination for Job Seekers 23 September 33. Malay Dignity Congress 11 October 34. Protection of Human Rights Defenders 16 October 35. Use of SOSMA in LTTE Arrests 16 October 36. Police Investigation of CAGED Spokesperson 9 November 37. Brief Detention of Mu Sochua and Cambodian Activists 9 November 38. SUHAKAM condemns the despicable missile attack at 15 November the office of Palestinian Independent Commission for Human Rights in Gaza 39. Deferment of Reading of IPCMC Bill 4 December 40. Debate of the SUHAKAM Annual Report 2018 in 5 December Parliament

PRESS STATEMENTS BY CHILDREN’S COMMISSIONER

No. Topic Date 1. Decision to drop criminal charges of sexual abuse 19 October against Tahfiz student 2. The death of seven-year-old Tahfiz student 9 November 3. Stakeholder Consultation with The Office of the 17 November Children’s Commissioner 4. Universal Children’s Day 20 November 220 SUHAKAM

APPENDIX II

LIST OF ACTIVITIES

CMD Complaints and Monitoring Division ETD Education and Training Division POD Promotion and Outreach Division ICD International Coordination Division ESCRD Economic, Social and Cultural Rights Division MRD Media Relations Division LITD Law and International Treaties Division SARAWAK Sarawak Office SABAH Sabah Office OCC Office of Children’s Commissioner SUHAKAM Human Rights Commission of Malaysia

Division/ No. Date Activity Venue Unit/ Branch 1. 7 January Case visit to Prison Sungai Buloh, CMD Selangor 2. 11 January SUHAKAM’s Exhibition in conjunction Putrajaya POD with Opening of the Legal Year 3. 14 January Meeting with YB Datuk Seri Dr. Putrajaya SUHAKAM Mujahid Yusof, Minister in the Prime Minister’s Department (Religion) 4. 14 January Case visit to Tapah Prison Tapah, Perak CMD 5. 14 January Case visit to Seberang Seberang CMD Perai Tengah District Police Perai, Headquarters (IPD) Pulau Pinang 6. 15 January Case visit to Bukit Mertajam City Bukit CMD Mall Mertajam, Pulau Pinang 7. 16 January Case visit to Dar Al-Quran Wal Padang CMD Hadeeth, regarding a student’s Besar, detention under SOSMA Perlis 8. 16 January Meeting with YB Waytha Moorthy Putrajaya SUHAKAM Ponnusamy, Minister in the Prime Minister’s Department 9. 16 January Case visit to Manjung IPD and Manjung, CMD Seri Manjung Hospital Perak 10. 17 January Case visit to KD Sultan Idris 1 Lumut, CMD (Army Training Camp) Perak ANNUAL REPORT 2019 221

Division/

No. Date Activity Venue Unit/ APPENDIX II Branch 11. 18 January Watching Brief: Inquest into the Shah Alam, LITD Death of Muhammad Adib Selangor (Shah Alam Coroner’s Court) 12. 20 January SUHAKAM Exhibition in conjunction Petaling POD with Tropicana Residents’ Jaya, Association’s Bazaar programme Selangor 13. 22 January Case visit to SJKT Ladang Tuan Bukit CMD Mee and SJKT Beruntung, Selangor 14. 23 January SUHAKAM Exhibition in conjunction Ara POD with Lunch & Learn: Business and Damansara, Human Rights Programme Selangor 15. 23 January ACT4CAT Coalition Meeting with Putrajaya SUHAKAM Solicitor General II, Attorney General’s Chambers 16. 23 January Talk on Business and Human Kuala ETD Rights to Officers/Staff of Sime Lumpur Darby Property Berhad 17. 23-25 January Case visit regarding detention of Sabah SABAH a ship’s crew CMD 18. 24 January Meeting with Felda Soeharto Kuala Kubu POD Management on ‘SUHAKAM Bharu, Bersama Masyarakat’ programme Selangor 19. 25 January Roundtable discussion Kuala CMD on Kampung Chubadak Lumpur Tambahan’s Complaints 20. 28 January Follow-up Meeting with AIM, Kuala POD SUARAM, Bar Council and FLF on Lumpur UNCAT Coalition Campaign 21. 28 January Lecture on Anti-Bullying & Kuching SARAWAK Convention on the Rights of the Child at MARA Junior Science College (MRSM) 22. 29 January Human Rights Workshop for Penor Kuantan, ETD Prison Officers/Staff Pahang 23. 30 January Youth for Rights Programme at Alor Gajah, POD UiTM Alor Gajah Campus Melaka 24. 30 January Joint PC with SUARAM to Kuala MRD highlight issues concerning Lumpur CMD children detained under POCA 25. 4 February Case visit to Kuala Langat IPD Kuala Langat, CMD Selangor 222 SUHAKAM

Division/ No. Date Activity Venue Unit/ Branch 26. 7 February Meeting with Election Putrajaya SUHAKAM Commission (EC) 27. 11 February Case visit to Kamunting Kamunting, CMD Correctional Centre Perak 28. 11 February Visit to Taiping Children’s Welfare Taiping, CMD Home Perak 29. 11-28 February Watching Brief: Inquest into the Shah Alam, LITD Death of Muhammad Adib Selangor (Shah Alam Coroner’s Court) 30. 12 February Case visit to Taiping IPD and Taiping, CMD District Social Welfare Department Perak 31. 12 February Case visit to Kota Setar IPD Kedah CMD 32. 13 February Visit to Sekolah Menengah Kuching, CMD Penrissen No. 1 Sarawak SARAWAK 33. 13 February Case visit to Hospital Banting, CMD Selangor 34. 13 February Case visit to Pokok Sena Prison Kedah CMD 35. 13-15 February SUHAKAM Bersama Masyarakat Keningau, SABAH (meet the people) Programme Sabah 36. 14 February Case visit to Perlis Correctional Arau, CMD Centre Perlis 37. 14 February Case visit to Tuanku Fauziah Kangar, CMD Hospital Perlis 38. 20 February Case visit to Kuala Kubu CMD Hospital Bharu, Selangor 39. 20 February Case visit to Sungai Buloh Prison Sungai Buloh, CMD Selangor 40. 21 February Meet the Press Programme Kuala MRD Lumpur 41. 23 February Seminar on the Crisis in Yemen Kuala ICR Lumpur MRD 42. 23 February SUHAKAM Bersama Masyarakat Lawas, Sarawak Programme Sarawak 43. 25 February Case visit to Taiping Hospital and Taiping, CMD Crystal Home Perak 44. 25 February Visit to Limbang Community- Limbang, Sarawak Based Rehabilitation (PDK) and Sarawak Limbang District Council ANNUAL REPORT 2019 223

Division/

No. Date Activity Venue Unit/ APPENDIX II Branch 45. 25-27 February SUHAKAM Bersama Masyarakat Lahad Datu, SABAH Programme Sabah 46. 26 February Case visit to SKJ(T) Ladang Kuala CMD Selangor River Selangor, Selangor 47. 26 February Case visit and closed-door Kuala CMD discussion with the Selangor, District Education Office (PPD) Selangor 48. 26 February Case visit to Children’s Welfare Taiping, CMD Home and SMK Convent Perak 49. 26-27 February Training of Trainers (ToT) – Human Shah Alam, ETD Rights Course for Universiti Selangor Selangor (UNISEL) Lecturers, Shah Alam Campus 50. 28 February Case visit to Cawangan Tenaga Kuala CMD Kerja Angkatan Tentera Malaysia Lumpur (CTKATM) in regard to the death of J. Soosaimanicckam 51. 28 February Visit to Henry Gurney School Telok Mas, CMD Melaka 52. 1 March Open Consultation with Kuala ESCRD Community and Orang Asli Expert Lumpur 53. 1 March Consultation on the Role of Kuala CMD the Department of Orang Asli Lumpur Development(JAKOA) 54. 1,4,5 March Watching Brief: Inquest into the Shah Alam, LITD Death of Muhammad Adib Selangor (Shah Alam Coroner’s Court) 55. 4 March Meeting with the Secretary Kuala ICD General of the Ministry of Foreign Lumpur Affairs on UPR Matters 56. 5 March Site visit to Felda Soeharto in Kuala Kubu POD conjunction with ‘SUHAKAM Bharu, Bersama Masyarakat’ Selangor programme 57. 5 March Case visit to Seafield Sri Subang Jaya, CMD Mariamman Temple Selangor 58. 6 March ‘SUHAKAM Bersama Masyarakat’ Kuala Kubu POD programme at Felda Soeharto Bharu, Selangor 224 SUHAKAM

Division/ No. Date Activity Venue Unit/ Branch 59. 6 March Inquiry into the Disappearance Kuala CMD of Pastor Raymond Koh and Amri Lumpur Che Mat (Oral Submissions) 60. 7 March Routine visit to Institute of Drug Jelebu, CMD Rehabilitation, Jelebu Prisons Negeri Department Sembilan 61. 8 March Routine visit to Sikamat Police Seremban, CMD Station Lock-up Negeri Sembilan 62. 9 March Monitoring Women’s Day Event Kuala CMD Lumpur 63. 12 March Working visit to Lundu District Lundu, SARAWAK Office Sarawak 64. 12 March Recording statements regarding Subang Jaya, CMD the death of J. Soosaimanicckam Selangor 65. 13 March SUHAKAM Exhibition in conjunction Subang Jaya, POD with Human Rights & Anti- Selangor Corruption Training Workshop 66. 13 March Human Rights and Anti-Corruption Subang Jaya, ETD Training Workshop for Officers/Staff Selangor of Salcon Engineering Berhad 67. 13 March Meeting with Negeri Sembilan Port Dickson, POD Fisheries Development Authority Negeri of Malaysia (LKIM) on ‘SUHAKAM Sembilan Bersama Masyarakat’ programme 68. 14 March Visit to the Department of Orang Pekan, CMD Asli Development(JAKOA) Pahang 69. 14 March Discussion with Yayasan Pahang Kuantan, CMD Regarding Orang Asli in Larat Pahang 70. 14 March Case visit to Sabak Bernam IPD Sabak CMD Bernam, Selangor 71. 14 March Visit to Central Police Station Kuching, SARAWAK Lock-up Sarawak CMD 72. 14-15 March Case visit to Seafield Sri Subang Jaya, CMD Mariamman Temple Selangor 73. 18 March Seminar on Disabled-Friendly Kuala POD Places of Worship Lumpur 74. 19 March Meeting with National Putrajaya CMD Registration Department (NRD) SABAH regarding citizenship issues ANNUAL REPORT 2019 225

Division/

No. Date Activity Venue Unit/ APPENDIX II Branch 75. 19-29 March Watching Brief: Inquest into the Shah Alam, LITD Death of Muhammad Adib Selangor (Shah Alam Coroner’s Court) 76. 21 March Watching Brief: Sedition Act Putrajaya LITD (Federal Court) 77. 22 March Closed-Door Discussion on Kuala ESCRD SUHAKAM’s Study on Discrimination Lumpur Against Transgender Persons Based in Kuala Lumpur and Selangor (Right to Education, Employment, Healthcare, Housing and Dignity) 78. 22 March Discussion with Yayasan Negeri Kuala CMD Pahang regarding Orang Asli Issues Lumpur 79. 23 March Judicial Colloquium: Applying Kuala LITD International Human Rights Lumpur Principles/Norms in Judicial Processes 80. 25 March Meeting with the MOE on the Kuala ETD Manual Kesedaran Sivik dan Lumpur Amalan Nilai Murni (MKSANM) 81. 26 March Site visit on ‘SUHAKAM Bersama Port Dickson, POD Masyarakat’ programme Negeri Sembilan 82. 27 March SUHAKAM Exhibition in conjunction Hulu POD/ with ‘Jom Jelajah Kampung’ Selangor, ETD/ programme at Mukim Hulu Bernam Selangor CMD 83. 27 March SUHAKAM Exhibition in Kuala POD/ conjunction with Launching of Lumpur CMD the Wang Kelian Report 84. 27 March The Launch of the Investigation Kuala CMD Report into the Wang Kelian Lumpur Incident 85. 27 March Meeting with Malaysian Perak CMD Rohingya Council 86. 28 March Record statements on the death Perak CMD of J. Soosaimanickkam 87. 28 March Visit of Delegation from National Kuala SUHAKAM Agency for The Prohibition of Lumpur Trafficking In Persons (NAPTIP) from Nigeria 88. 28 March Meeting and interview session Perak CMD with witnesses regarding the Ramakrishan Ashram case 226 SUHAKAM

Division/ No. Date Activity Venue Unit/ Branch 89. 28 March Watching Brief: Sedition Act Putrajaya LITD (Federal Court) 90. 28 March Watching Brief: Contempt Putrajaya LITD Proceedings Against Lawyer (Federal Court) 91. 29 March Visit to Ramakrishna Ashrama Pulau Pinang CMD Pulau Pinang 92. 1 April Human Rights Lecture in UMS Kota Kinabalu, SABAH Sabah 93. 1-12 April Watching Brief: Inquest into the Shah Alam, LITD Death of Muhammad Adib Selangor (Shah Alam Coroner’s Court) 94. 2-3 April Roundtable Discussion on Issues Kota Kinabalu, SABAH of Discrimination in Sabah Sabah 95. 4 April Press Conference on the Findings Kuala MRD of the Public Inquiry into the Lumpur CMD Disappearances of Amri Che Mat and Pastor Raymond Koh 96. 4 April Watching Brief: Citizenship (Kuala Kuala LITD Lumpur High Court) Lumpur 97. 8 April Workshop on Forced Labour Kuching, SARAWAK and Child Labour with Sarawak Sarawak Stakeholders in collaboration with ILO 98. 9 April Monitoring at UTM Kuala Lumpur Kuala CMD regarding Public Assembly on Lumpur Education Rights 99. 9 April Visit to Pulau Carey with Klang, CMD Bangsamoro Selangor 100. 9 April Visit to Orang Asli Village Palebar Port Dickson, CMD Baru Negeri Sembilan 101. 10 April ‘SUHAKAM Bersama Masyarakat’ Port Dickson, POD programme Negeri Sembilan 102. 10 April Routine visit to Central Lock-up, Kubang CMD Kubang Pasu IPD Pasu, Kedah 103. 11 April Routine visit to Belantik Belantik, CMD Immigration Depot Kedah 104. 11 April Meeting with Rohingya Seberang CMD community in Pulau Pinang Jaya, Pulau Pinang ANNUAL REPORT 2019 227

Division/

No. Date Activity Venue Unit/ APPENDIX II Branch 105. 11 April SUHAKAM Bersama Masyarakat Lundu, SARAWAK Programme at Kampung Telok Sarawak Melano 106. 12 April Routine visit to Juru Immigration Juru, Pulau CMD Depot Pinang 107. 13 April Community Day in cooperation Lundu, SARAWAK with Lundu District Office & Pandan Sarawak Zone Committee Members 108. 15 April Working visit to Sabah Chief Kota SABAH Minister, YAB Datuk Seri Panglima Kinabalu, Haji Mohd. Shafie bin Haji Apdal Sabah 109. 16 April Case visit to Pengkalan Chepa Pengkalan CMD Prison Chepa, Kelantan 110. 16 April Seminar on Rights of the Elderly Kota SABAH Kinabalu, Sabah 111. 17 April Lecture Series in UiTM Kota Kota SABAH Kinabalu Kinabalu, Sabah 112. 18 April SUHAKAM Bersama Masyarakat Kiulu, Sabah SABAH Programme 113. 19 April Press Conference on the Public Kuala MRD Release & Launch of SUHAKAM’s Lumpur 2018 Annual Report 114. 22-23 April Human Rights and Child Rights Shah Alam, ETD Training Workshop for the Selangor Administrator of Tahfiz/Private Religious Schools in Selangor 115. 23 April Bilateral Signing of a MoU between Kota ICD SUHAKAM and Komnas HAM on Kinabalu, LITD Statelessness Issues in Sabah Sabah SABAH 116. 23 April Watching Brief: Contempt Putrajaya LITD Proceedings Against Lawyer (Federal Court) 117. 24 April Workshop on Statelessness Issues in Kota SABAH Sabah: Documentation Essential Kinabalu, ICD Towards Human Rights Protection Sabah 118 . 27-28 April Youth for Rights Camp programme Sintok, POD in the Northern Zone at UUM Kedah 228 SUHAKAM

Division/ No. Date Activity Venue Unit/ Branch 119. 28 April SUHAKAM Exhibition in Bandar POD conjunction with ‘Drug Prevention Baru Sentul, and Smoking Risk Awareness’ Kuala programme organised by KRT PA Lumpur Seri Negeri Sembilan 120. 28-29 April Human Rights Training Seremban, ETD Programme for JAKOA Officers Negeri Sembilan 121. 29-30 April Roadshow for “Mahkamah Paitan, SABAH Bergerak” Sabah 122. 1 May Public Assembly Monitoring: Kuala CMD ‘The May Day Celebration’ Lumpur 123. 2 May Visit to CCRC Dengkil, CMD Selangor 124. 2 May Watching Brief: Stateless Children Kuala LITD (Kuala Lumpur High Court) Lumpur 125. 7 May Case visit to Ulu Choh Prison Ulu Choh, CMD Johor 126. 7-8 May Visit to Ladang Care, Tapah, CMD Chenderiang Perak 127. 8 May Case visit to Kulai Jaya Police Kulai Jaya, CMD Station Johor 128. 13 May Human Rights Talk at INTI Subang, Subang, International College Selangor Selangor 129. 15 May Visit to Puncak Alam Correctional Puncak Alam, CMD Centre Selangor 130. 16 May Human Rights Talk for JAIS Shah Alam, POD Officers and Staff Selangor 131. 21 May Case visit to Batu Gajah Batu Gajah, CMD Rehabilitation Centre, Prisons Perak Department 132. 23 May Visit to Immigration Department Putrajaya CMD 133. 29 May Meetings with Pasir Gudang Pasir CMD Municipal Council on Kim Kim Gudang, River Pollution Investigation Johor 134. 29 May Meetings with BOMBA Johor Johor Bahru, CMD on Kim Kim River Pollution Johor Investigation 135. 30 May Meetings with Johor Health Johor Bahru, CMD Department on Kim Kim River Johor Pollution Investigation ANNUAL REPORT 2019 229

Division/

No. Date Activity Venue Unit/ APPENDIX II Branch 136. 30 May Meetings with Johor Department Johor Bahru, CMD of Environment on Kim Kim River Johor Pollution Investigation 137. 30 May Case visit to Sungai Buloh Prison Sungai Buloh, CMD Selangor 138. 3 June Case visit to Kampung Orang Asli , CMD Gebok Negeri Sembilan 139. 12 June Human Rights Talk at HELP Kuala POD College Lumpur 140. 13 June Meeting with LKIM Kelantan on Kota Bharu, POD SUHAKAM Bersama Masyarakat Kelantan Programme 141. 13 June Human Rights talk to a Delegation Kuala ETD from RMIT University, Australia Lumpur 142. 17 June Case visit to Bagan Serai Police Pulau Pinang CMD Station 143. 17 June Meeting with Family Members of Pulau Pinang CMD the late M. Anbalagan 144. 19 June Case visit to Jawi Prison Jawi, Pulau CMD Pinang 145. 21 June Case visit to Kuantan IPD Kuantan, CMD Pahang 146. 23 June Youth for Rights programme Kuala POD with Members of the Scouts Lumpur Association of Malaysia 147. 24 June National High-Level Dialogue Putrajaya ESCRD on Business and Human Rights: “Towards a Malaysian National Action Plan on Business and Human Rights” 148. 24 June SUHAKAM Exhibition in conjunction Putrajaya POD a National High-Level Dialogue on Business and Human Rights 149. 24 June Press Conference on the Kuala MRD National High-Level Dialogue on Lumpur Business and Human Rights 150. 24 June Routine visit to Gerik IPD Gerik, Perak CMD 151. 24-25 June Follow up Awareness Programme Kuala Lipis, ETD on Child’s Right to Safety at Pahang MRSM Tun Ghazali Shafie 230 SUHAKAM

Division/ No. Date Activity Venue Unit/ Branch 152. 25 June Case visit to Gerik Hospital Gerik, Perak CMD 153. 25 June Case visit to Kampung Orang Asli Gerik, Perak CMD Cunex, Gerik 154. 26 June Watching Brief: Disabled child’s Kuala LITD right to education and personal Lumpur security (Kuala Lumpur High Court) 155. 27 June Courtesy visit from the International Kuala CMD Committee of the Red Cross (ICRC) Lumpur 156. 28 June Human Rights Literacy programme Putrajaya POD for JAKIM Senior Officers 157. 28 June Case visit to Sekolah Seksyen 7 Bangi, CMD Selangor 158. 1 July Case visit to Lenggeng Lenggeng, CMD Immigration Depot Negeri Sembilan 159. 2 July Case visit to Bukit Jalil Bukit Jalil, CMD Immigration Depot Kuala Lumpur 160. 2 July Recording Session at Wai FM Kuching, SARAWAK Bidayuh about SUHAKAM and Sarawak its functions 161. 2-4 July Workshop on Human Rights Melaka ETD Best Practices (HRBP) in Schools Programme and “Training of Trainers” (ToT) Human Rights Module post UPSR and PT3 (Southern Zone) 162. 3 July Case visit to Langkap Langkap, CMD Immigration Depot Perak 163. 4 July Meeting with Port Dickson Municipal Port Dickson, CMD Council regarding Complaints on Negeri the implementation of the Malaysia Sembilan Vision Valley (MVV) Project 2.0 164. 4 July Watching Brief: Citizenship Kuala LITD (Kuala Lumpur High Court) Lumpur 165. 5 July Case visit to Prison Bentong, CMD Pahang 166. 8 July Regional Dialogue on Malaysia’s Kuala POD Accession to UNCAT Lumpur 167. 8 July Press Conference on Regional Kuala MRD Dialogue on Malaysia’s Lumpur Accession to the UNCAT ANNUAL REPORT 2019 231

Division/

No. Date Activity Venue Unit/ APPENDIX II Branch 168. 9 July Case visit to Klang District Parole Klang, CMD Office Selangor 169. 10 July Visit to Jasin Correctional Centre Jasin, CMD Melaka 170. 10 July Visit to CCRC Tiang 2, Melaka Tiang 2, CMD Melaka 171. 10 July Briefing on UNCAT with experts Kuala SUHAKAM from the Association for APT, Lumpur CTI and UNCAT Committee Member Abdel Wahab Hani 172. 10 July UNCAT Committee and SUHAKAM Putrajaya SUHAKAM Meeting with Attorney General Malaysia, Tan Sri Tommy Thomas 173. 11 July Visit to Machap Umboo Machap CMD Immigration Depot Umboo, Melaka 174. 12 July Media Interview (Bernama News Kuala POD Channel) with UNCAT Committee Lumpur MRD Member Abdel Wahab Hani 175. 15 July Case visit to PPR Sentul Murni Sentul, Kuala CMD Lumpur 176. 15-17 July Workshop on HRBP in Schools Selayang, ETD Programme and “Training of Selangor Trainers” (ToT) Human Rights Module post UPSR and PT3 (Central Zone) 177. 16 July Meeting with Complainant , CMD Regarding Scam Issue Selangor 178. 17 July Press Conference to Introduce Kuala MRD the new Commissioners of Lumpur SUHAKAM SUHAKAM for 2019-2022 179. 17 July Youth for Rights Programme at Tanah Merah, POD Jeli Community College Kelantan 180. 18 July Visit to Kampung Segaliud Sandakan, SABAH Sabah 181. 18 July Case visit to Semenyih Semenyih, CMD Immigration Depot Selangor 182. 18 July Case visit to Bukit Jalil Bukit Jalil, CMD Immigration Depot Kuala Lumpur 232 SUHAKAM

Division/ No. Date Activity Venue Unit/ Branch 183. 19 July Visit to the Department of Seremban, CMD Environment Negeri Sembilan with Negeri regard to the Quarry Project in Sembilan Kampung Orang Asli Gebok Mantin 184. 20 July Youth for Rights programme at Tronoh, POD Universiti Teknologi Petronas (UTP) Perak 185. 23 July Visit to JAKOA Negeri Sembilan Seremban, CMD and Melaka with regard to Negeri Quarry Project in Kampung Sembilan Orang Asli Gebok Mantin 186. 23 July Visit to UPEN Negeri Sembilan Seremban, CMD in regard to Quarry Project in Negeri Kampung Orang Asli Gebok Mantin Sembilan 187. 23 July Discussion on Lock-up Seremban, CMD Management, Sikamat Police Negeri Station Sembilan 188. 24 July Watching Brief: Freedom of Putrajaya LITD Religion (Federal Court) 189. 25 July Meeting regarding ‘Custodial Kuala CMD Medical Unit’ Lumpur 190. 25 July Working visit to YBhg Datu Jaul Kuching, SARAWAK Samion, Acting State Secretary Sarawak of Sarawak 191. 25 July Meeting with UNHCR Kuala CMD Lumpur 192. 26 July Working visit to Dr. Dusit Jaul, Kuching, SARAWAK Special Officer to the Minister of Sarawak Communications and Multimedia 193. 26 July Visit to Immigration Office, Kuala CMD Federal Territory of Kuala Lumpur Lumpur with regard to the death of Thomas Orhions Ewansiha 194. 29 July Courtesy visit to Immigration Putrajaya CMD Department 195. 29 July Meeting between Director Kuala CMD General of JAKOA, SUHAKAM, Lumpur Non-Governmental Organisations, SUHAKAM and Bar Council 196. 29 July Press Conference with Media in Kuching, SARAWAK Sarawak Sarawak 197. 29 July Discussion with NGO Kuching, SARAWAK Sarawak ANNUAL REPORT 2019 233

Division/

No. Date Activity Venue Unit/ APPENDIX II Branch 198. 29-31 July Workshop on HRBP in Schools Langkawi, ETD Programme and “Training of Kedah Trainers” (ToT) Human Rights Module Post UPSR and PT3 (Central Zone) 199. 31 July Meeting with UN Special Kuala LITD Rapporteur on Minority Rights Lumpur SUHAKAM 200. 1 August 9th National Conference on Kota SABAH Non-Discrimination Kinabalu, Sabah 201. 2 August Sharing Session on Death in Kuala CMD Custody Lumpur 202. 2 August Briefing on Human Rights and Petaling POD SUHAKAM in conjunction Jaya, with Co-operative Institute of Selangor Malaysia (CIM) Monthly Assembly programme 203. 2-4 August Mobile Service Centre Lahad Datu, SABAH Roadshow Sabah 204. 5-6 August SUHAKAM’s Exhibition in conjunction Kuala POD with National Conference Anti- Lumpur Trafficking in Persons 205. 5-8 August Watching Brief: Bullying in School Kuala LITD Lumpur 206. 6-8 August Workshop on HRBP in Schools Kuala ETD Programme and “Training of Terengganu, Trainers” (ToT) Human Rights Terengganu Module post UPSR and PT3 (Eastern Zone) 207. 7 August Youth for Rights programme at Pasir Gudang, POD Pasir Gudang Community Johor 208. 8 August Working visit to YB Datuk Amar Kuching, SARAWAK Haji Mohamad Asfia bin Awang Sarawak Nassar, Speaker, Sarawak State Legislative Assembly 209. 8 August Human Rights Literacy Programme Lebuh POD for Pulau Pinang Islamic Religion Pantai, Pulau Department Officer Pinang 210. 8 August Working visit to Kuching South Kuching, SARAWAK City Council Mayor, Dato James Sarawak Chan Khay Syn 211. 9 August Working visit to Sarawak Energy Kuching, SARAWAK Berhad Sarawak 234 SUHAKAM

Division/ No. Date Activity Venue Unit/ Branch 212. 9 August Working visit to YBhg Datu Vasco Kota SARAWAK Sabat Singkang, General Manager, Samarahan, Sarawak Land Consolidation and Sarawak Rehabilitation Authority (SALCRA) 213. 9-10 August SUHAKAM Exhibition in conjunction Bera, POD with International Day of Pahang the World’s Indigenous Peoples, Pahang State Level 214. 14 August Special Rapporteur on Extreme Kuala SUHAKAM Poverty & Human Rights Official Lumpur Visit to Malaysia 215. 15 August Working visit to YAB Datuk Patinggi Kuching, SARAWAK Dr. Abang Haji Abdul Rahman Sarawak Zohari Bin Tun Abang Haji Openg, Chief Minister of Sarawak 216. 15 August Working visit to Kuching North Kuching, SARAWAK City Hall Mayor, Datuk Haji Abang Sarawak Wahap Bin Haji Abang Julai 217. 15 August Signing Ceremony of a MoU Kuching, SARAWAK between SUHAKAM and Universiti Sarawak Malaysia Sarawak 218. 16 August Meeting with Dean and Kuching, SARAWAK Management of Faculty of Social Sarawak Sciences UNIMAS 219. 18 August Meeting with Family Members Ayer Hitam, CMD with regard to Gopal Krisnan s/o Pulau Pinang M. Rajalingam’s death 220. 19 August SUHAKAM Bersama Masyarakat Tumpat, POD Programme Kelantan 221. 19 August Case visit to Sungai Petani Prison Sungai CMD with regard to Gopal Krisnan s/o Petani, M.Rajalingam’s death Kedah 222. 20 August Case visit to Kuala Muda IPD Kuala Muda, CMD Kedah 223. 21 August Courtesy Visit to PDRM Bukit Aman, SUHAKAM Kuala Lumpur 224. 20 August Case visit to Sultan Abdul Halim Sungai Petani, CMD Hospital Kedah 225. 20 August SIS Judicial Review Against Kuala LITD Selangor Fatwa Council (Kuala Lumpur Lumpur High Court) ANNUAL REPORT 2019 235

Division/

No. Date Activity Venue Unit/ APPENDIX II Branch 226. 22 August Meeting With Pulau Pinang Pulau Pinang CMD Fishermen’s Association (PEN MUTIARA) 227. 25 August Briefing on Human Rights Subang POD and SUHAKAM’s Exhibition in Jaya, conjunction with Taman Subang Selangor Mas Residents, Subang Jaya 228. 25 August Visit to Kampung Orang Asli Kelantan CMD Kuala Koh 229. 26 August Watching Brief: Bullying in School Kuala LITD Lumpur 230. 26 August Training and visit to Kampung Sri Kuching, SARAWAK Maimunah Sarawak CMD 231. 26 August Case visit to Gerik IPD Gerik, Perak CMD 26 August Visit to Kampung Orang Asli Gerik, Perak CMD Sungai Papan 232. 27 August Watching Brief: Contempt Shah Alam, LITD Proceedings Against Attorney Selangor General (Shah Alam High Court) 233. 27 August Visit to Puncak Borneo Prison Kuching, SARAWAK Sarawak CMD 234. 28 August Visit to Henry Gurney School Kuching, CMD Sarawak 235. 28 August Meeting and Discussion with Kuching, SARAWAK Rajah Charles Brooke Memorial Sarawak CMD (RCBM) Hospital 236. 28 August Visit to Alternative Learning Lahad Datu, SABAH Centre (ALC) Sabah 237. 29 August Visit to Semuja Immigration Serian, SARAWAK Detention Centre Sarawak CMD 238. 29 August Meeting and discussion with Kuching, SARAWAK Sentosa Hospital Sarawak 239. 30 August Visit to CCRC Kuching Kuching, SARAWAK Sarawak CMD 240. 3 September SUHAKAM Exhibition in conjunction Kuala POD with National Forum on Forced Lumpur Labour and Human Rights 241. 4-5 September Workshop on Prison Reform at Kajang, CMD Malaysian Prisons Department Selangor Headquarters 236 SUHAKAM

Division/ No. Date Activity Venue Unit/ Branch 242. 10-12 Mobile Service Centre Keningau, SABAH September Roadshow Sabah 243. 12 September Commemoration of SUHAKAM’s Kuala SUHAKAM 20th Anniversary Lumpur 244. 14-15 SUHAKAM Exhibition in conjunction Tapah, POD September with National Celebration of Perak Indigenous Peoples 245. 16 September Meeting with family members of Kuantan, CMD POCA detainees Pahang 246. 17 September Case visit to Kuantan IPD Kuantan, CMD Pahang 247. 17 September SUHAKAM Stakeholders Kuala LITD Consultation on Proposed Lumpur Withdrawal of Amendments to the Employment Act 1955 concerning Jobseekers Discrimination 248. 18 September Case visit to Tengku Ampun Kuantan, CMD Afzan Hospital Pahang 249. 18 September Interview of PPUKM’s Pathology Cheras, CMD Consultant with regard to Thomas Kuala Orhions Ewansiha’s death Lumpur 250. 18-20 Workshop on Human Rights Kuching, SARAWAK September Best Practices (HRBP) in Schools Sarawak Programme and “Training of Trainers” (ToT) Human Rights Module post UPSR and PT3 in Sarawak 251. 19 September Case visit to Sg. Buloh Prison Sungai Buloh, CMD Selangor 252. 19 September Case visit to IPD Ampang Jaya, CMD Selangor 253. 25 September Youth4Rights Talk at INTI College Nilai, Negeri POD Sembilan 254. 2 October Stakeholders Consultation on Kuala LITD Alternative Punishment and Lumpur Interim Measures for ToTal Abolition of Death Penalty in Malaysia 255. 2 October Case visit to Sg. Buloh Hospital Sungai Buloh, CMD Selangor 256. 3 October Meeting with NGOs due to Pulau Pinang CMD complaints received from Pulau Pinang Fishermen’s Association ANNUAL REPORT 2019 237

Division/

No. Date Activity Venue Unit/ APPENDIX II Branch 257. 3 October Record Statements on the Pulau Pinang CMD Disappearance of Joshua Hilmy and Ruth Hilmy 258. 8 October Monitoring of Public Assembly on Kuala CMD World Habitat Day Lumpur 259. 10 October Meeting with Management of Bentong, POD FELDA Wilayah Mempaga on Pahang SUHAKAM Bersama Masyarakat Programme 260. 10 October ILO Training on Forced Labour for Kuala LITD SUHAKAM Staff Lumpur 261. 10 October Record statements of relevant Semenyih, CMD officers and staff from Semenyih Selangor Immigration Depot with regard to Mohammad Jakaria’s death 262. 14 October Case visit to Ampang Jaya IPD Ampang CMD with regard to POCA detainees Jaya, Selangor 263. 14 October Meeting with the Ministry of Kuala ICD Foreign Affairs on UPR Matters Lumpur 264. 14-15 October Visit to Tawau Prison Tawau, CMD Sabah 265. 17-18 October SUHAKAM Exhibition in Kota SARAWAK conjunction with UNIMAS Samarahan, Research Open Day Sarawak 266. 18 October ILO Direct Contact Mission C19 Kuala LITD Lumpur 267. 18 October Asylum Access Refugee Children Kuala LITD & Alternative to Detention (ATD) Lumpur Briefing 268. 19 October SUHAKAM Exhibition in Pantai POD conjunction with ‘Wanita Anti Dalam, Jenayah 3.0’ Programme Kuala Lumpur 269. 21 October Human Rights Literacy Kuching, POD Programme for Sarawak Islamic Sarawak SARAWAK Religion Department Officers 270. 26 October Human Rights Lecture at SMK Serian, SARAWAK Balai Ringin Sarawak 271. 31 October Case visit to Kajang, CMD Selangor 238 SUHAKAM

Division/ No. Date Activity Venue Unit/ Branch 272. 30-31 October UPR Info Regional Workshop on Kuala ICD Human Rights Monitoring for the Lumpur UPR 273. 4 November Case visit to Kluang Hospital Kluang, Johor CMD 274. 4-6 November Human Rights Training Workshop Kuala ETD for the Ketua Bahagian Siasatan Terengganu, Jenayah Daerah (KBSJD) Terengganu (Eastern Zone) 275. 5 November Meeting with Lawyer with regard Kuala CMD to “Tahanan Limpah Sultan”(“At Lumpur the Pleasure of the Sultan”) 276. 5 November Record statements at Simpang Simpang CMD Renggam Prison Renggam, Johor 277. 6 November Case visit to KLIA’s detention , CMD Room with regard to the Selangor detention of Cambodians 278. 6 November Business and Human Rights Hotel Istana, ESCRD Dialogue: Towards a Malaysian Kuala National Action Plan Lesson Learnt Lumpur from Belgium and the Netherlands 279. 7 November Case visit to Taiping Prison Taiping, CMD Perak 280. 8 November Meeting with Syiah Community with Pendang, CMD regard to Complaints Received Kedah 281. 8 November Case visit to Kangar IPD Kangar, CMD Perlis 282. 15 November Children’s Commissioner Kuala OCC Stakeholder Consultation with Lumpur CSO’s 283. 20 November Human Rights Programme in Johor ETD Johor Education Department 284. 19-20 2019 Forensic Seminar: Enhancing Kuala CMD November Healthcare in Detention Centres Lumpur 285. 21 November Roundtable Discussion on Kuala ESCRD Social Wellbeing: Social Issues Lumpur concerning- Muslim and Non Muslim LGBT Persons in Malaysia 286. 22 November Visit to The Ramakrishna Ashrama Pulau Pinang CMD Pulau Pinang ANNUAL REPORT 2019 239

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No. Date Activity Venue Unit/ APPENDIX II Branch 287. 22 November Meeting with Refugee NGO at Pulau Pinang CMD Pulau Pinang, Special Officer to Prof. Dr. P. Ramasamy Palanisamy and Chief Minister of Pulau Pinang, YB 288. 25 November Amnesty International Meeting Kuala LITD with SUHAKAM on IPCMC Bill Lumpur 289. 25 November UPR Consultation with the Kuching, ICD Sarawak State Government Sarawak SARAWAK 290. 26 November UPR Consultation with the Sabah Kota ICD State Government Kinabalu, SABAH Sabah 291. 26 November SUHAKAM Roundtable Kuala LITD Discussions on Chain Remand Lumpur CMD and Lock-up Rules 292. 27 November Case visit to IPD Ipoh, Perak CMD 293. 27 November Case visit to Pusat Tahfiz Ipoh, Perak CMD Al-Barakah 294. 27-28 Watching Brief: Inquest into the Ipoh, Perak LITD November Death of J. Soosaimanickam at Ipoh Sessions Court 295. 28 November Case visit to Gerik Police Station Gerik, Perak CMD 296. 28 November Case visit to SMK Chemomoi Bentong, CMD Pahang 297. 28 November Case visit to Bentong IPD Bentong, CMD Pahang 298. 9 December Awareness Programme on Alor Setar, POD Women’s Rights Kedah 299. 10 December 2019 International Human Rights Kuala SUHAKAM Day Celebration Lumpur 300. 10 December Press Conference on 2019 Kuala MRD International Human Rights Day Lumpur Celebration 301. 11 December Briefing for State Secretary of Kota SABAH Sabah on Legal Basis of Human Kinabalu, Rights and Core International Sabah Human Rights Treaties 302. 12 December Briefing Session for Sabah State Kota ICD Government Officials on the Kinabalu, LITD Legal Foundation of Human Sabah SABAH Rights and the UPR Process 240 SUHAKAM

Division/ No. Date Activity Venue Unit/ Branch 303. 13 December Watching Brief: Inquest into Batu Shah Alam, CMD Arang shooting (Shah Alam Court) Selangor 304. 18 December Case visit to Petaling Jaya IPD Petaling CMD with regard to the death of Jaya, Mathan s/o Muniandy Selangor 305. 21 December Case visit to Kuala Lumpur Kuala CMD Hospital Lumpur 306. 23 December Case visit to Kuala Selangor’s Kuala CMD NADA with regard to complaints Selangor, received on water supply Selangor 307. 26 December Visit to Bentong Prison Bentong, CMD Pahang ANNUAL REPORT 2019 241

APPENDIX III APPENDIX III LIST OF TALKS, MEETINGS, WORKSHOPS AND CONFERENCES – NATIONAL

Talks, Meetings, No. Date Workshops and Venue Representatives Conferences 1. 3 January Meeting with Islamic Kuala •Tan Sri Razali Education Division, MOE Lumpur Ismail on the Manual Kesedaran •Datuk Lok Yim Sivik dan Amalan Nilai Pheng Murni (MKSANM) •Rafidah Yahya •Shahizad Sulaiman •Hasmah Abdul Manaf 2. 6 January Closing Ceremony of the Gombak, •Mr. Jerald Joseph Humanitarian Lab 2.0 – Selangor Rohingya Refugees in Malaysia 3. 7 January Discussion on the Report of Cyberjaya, •Mr. Jerald Joseph the Independent Committee Selangor on Foreign Workers Management No. 2/2019 4. 7 January Meeting with the MACC Kuala •Rafidah Yahya and Salcon Engineering Bhd Lumpur •Shahizad for Human Rights Course Sulaiman on “Human Rights and Anti- Corruption Seminar” 5. 11 January Meeting with MFQ Asia Kuala •Helmi Fendy Sdn. Bhd Lumpur Mohammad Idris 6. 14 January Meeting with Datuk Seri Putrajaya •Tan Sri Razali Dr. Mujahid bin Yusof, Ismail Minister in the Prime •Prof. Dato’ Dr. Minister’s Department Aishah Bidin (Religion) •Dato’ Mah Weng Kwai •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Datuk Lok Yim Pheng •Mr. Jerald Joseph •Rafidah Yahya •Siti Zaihan Zulkarnain •Nur Syamimi Amran •Siti Rahayu Mohamed Noor 242 SUHAKAM

Talks, Meetings, No. Date Workshops and Venue Representatives Conferences 7. 15 January Ministry of Foreign Affairs’ Putrajaya •Mr. Francis Universal Periodic Review Johen Anak (UPR) Consultation 1/2019 Adam •Mr. Jerald Joseph •Josefina Abdullah 8. 16 January Meeting with YB Waytha Putrajaya •Mr. Jerald Moorthy Ponnusamy, Joseph Minister in the Prime •Datuk Lok Yim Minister’s Department Pheng •Mr. Francis Johen •Prof. Dato’ Dr. Aishah Bidin •Dato’ Mah Weng Kwai •Datuk Godfrey Gregory Joitol •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Dr. Cheah Swee Neo 9. 17 January Ahli Panel Jawatankuasa Putrajaya •Mr. Jerald Pemilihan Calon Joseph Pesuruhjaya Malaysia Yang Baharu Dalam Suruhanjaya Bebas Tetap Hak Asasi Manusia, Pertubuhan Kerjasama Islam (IPHRC-OIC) Bagi Penggal 2019-2022 10. 17 January Borneo Law Conference Kota •Datuk Godfrey Kinabalu, Gregory Joitol Sabah •Jasmih Slamat •Heflin Dino 11. 17 January Meeting with UNHCR Kuala •Joshua Ericsson Lumpur 12. 22 January Discussion on the Report Putrajaya •Mr. Jerald of the Independent Joseph Committee on Foreign Workers Management No. 3/2019 ANNUAL REPORT 2019 243

Talks, Meetings,

No. Date Workshops and Venue Representatives APPENDIX III Conferences 13. 23 January The ACT4CAT Coalition Putrajaya •Datuk Lok Yim Meeting with Solicitor- Pheng General II •Prof. Dato’ Dr. Aishah Bidin •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Rafidah Yahya •Lee Pei Hsi •Siti Zaihan Zulkarnain •Chua Yen Sin 14. 24 January Meeting with the Director Kota •Datuk Godfrey of Department of Unity, Kinabalu, Gregory Joitol Integration National Sabah •Mr. Jerald (JPNIN) Joseph •Jasmih Slamat •Heflin Dino 15. 25 January Meeting with Municipal Sandakan, •Mr. Jerald Council Sabah Joseph •Heflin Dino 16. 25 January Meeting with Director Putrajaya •Datuk Lok Yim General, Post Service Pheng Division, Public Service •Mohd Tan’im Department (JPA) Tajuddin 17. 28 January Program Eksekutif Putrajaya •Simon Tertinggi Badan Berkanun Karungaram Persekutuan YAB Perdana Menteri dan Ketua Setiausaha Negara 18. 28 January The ACT4CAT Coalition Kuala •Datuk Lok Yim Meeting Lumpur Pheng •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Lee Pei Hsi •Siti Zaihan Zulkarnain •Chua Yen Sin 19. 30 January Meeting with ILO to Kuala •Datuk Lok Yim discuss issues related to Lumpur Pheng forced labour 20. 31 January Meeting with Kuala •Mr. Jerald Ambassador Annika Ben Lumpur Joseph David, Swedish Special Envoy for Human Rights 244 SUHAKAM

Talks, Meetings, No. Date Workshops and Venue Representatives Conferences 21. 31 January Discussion with Borneo Shah •Mr. Jerald Bulk Carries Sdn. Bhd. Alam, Joseph Selangor •Kevin Jason James 22. 8 February Meeting with IOM Kuala •Sarah Adibah Lumpur Hamzah 23. 8 February Meeting with UNDP Bangi, •Helmi Fendy Selangor Mohammad Idris 24. 8 February First Meeting of the Special Kuala •Lee Pei Hsi Select Committee on Lumpur Rights and Gender Equality 25. 12 February Meeting with Head of Kota •Heflin Dino Department, Sabah Kinabalu, Federal Secretary’s Office Sabah 26. 12 February Discussion between Putrajaya •Mr. Jerald Electoral Reform Joseph Committee (ERC) and •Datuk Lok Yim NGOs Pheng 27. 16 February Discussion between Kuala •Mr. Jerald SUHAKAM and Indonesia’s Lumpur Joseph Representative to the •Abdul Rahman ASEAN Intergovernmental Abdullah Commission on Human Rights (AICHR) Indonesia 28. 18 February Meeting between Putrajaya •Dato’ Mah SUHAKAM and Electoral Weng Kwai Reform Committee (ERC) •Datuk Lok Yim Pheng •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Mr. Jerald Joseph •Yustina Ishak •Simon Karunagaram •Aida Suraya Haron •Chua Yen Sin 29. 18 February Meeting with MAPO on Putrajaya •Sarah Adibah Amendment to ATIPSOM Hamzah Act •Joshua Ericsson •Mohd Tan’im bin Tajuddin ANNUAL REPORT 2019 245

Talks, Meetings,

No. Date Workshops and Venue Representatives APPENDIX III Conferences 30. 18 February Media Interview with Kuala •Tan Sri Razali Free Malaysia Today on Lumpur Ismail Yemen Symposium 31. 20 February Meeting with Asian Kuala •Tan Sri Razali Network on NHRIs (ANNI) Lumpur Ismail •Mr. Jerald Joseph •Datuk Lok Yim Pheng •Dato’ Mah Weng Kwai •Prof. Dato’ Dr. Aishah Bidin •Mr. Francis Johen •Datuk Godfrey Gregory Joitol •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh 32. 20 February Meeting with Mr. Eric Kuala •Tan Sri Razali Paulsen, Malaysia’s Lumpur Ismail Representative to the •Mr. Jerald ASEAN Intergovernmental Joseph Commission on Human •Datuk Lok Yim Rights (AICHR) Pheng •Dato’ Mah Weng Kwai •Prof. Dato’ Dr. Aishah Bidin •Mr. Francis Johen •Datuk Godfrey Gregory Joitol •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh 33. 21 February Management Meeting, Putrajaya •Dr. Cheah Prime Minister’s Office Swee Neo 34. 22 February Meeting with Malaysian Kuala •Mr. Jerald Care on Prison Reform Lumpur Joseph •Simon Karunagaram •Abdul Rahman Abdullah •Nur Adlin Abd. Ghaffar 246 SUHAKAM

Talks, Meetings, No. Date Workshops and Venue Representatives Conferences 35. 22 February Meeting with JAKOA Kuala •Tan Sri Razali Lumpur Ismail •Mr. Jerald Joseph •Datuk Lok Yim Pheng •Dr. Cheah Swee Neo •Simon Karunagaram •Paremeswari S. •Helmi Fendy •Abel Athi Kumar •Joshua Ericsson •Hasmah Abdul Manaf •Azian Juliana A/P Ng Kee Choo 36. 22 February Working visit and meeting Kuala •Datuk Lok Yim with High Commissioner Lumpur Pheng of India on issues related •Mr. Jerald to migrant workers in Joseph Malaysia •Abdul Rahman Abdullah •Muhammad Faiz Abd Rahman •Kevin Jason James 37. 23 February Seminar on the Crisis in Kuala •Tan Sri Razali Yemen Lumpur Ismail •Mr. Jerald Joseph •Datuk Lok Yim Pheng •Dato’ Mah Weng Kwai •Prof. Dato’ Dr. Aishah Bidin •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Dr. Cheah Swee Neo 38. 25 February Meeting with UNICEF Kuala •Mr. Jerald Lumpur Joseph •Datuk Lok Yim Pheng ANNUAL REPORT 2019 247

Talks, Meetings,

No. Date Workshops and Venue Representatives APPENDIX III Conferences 39. 25-26 February IOM Training on Screening Kuala •Mohd Tan’im Victims of Trafficking Lumpur Tajuddin 40. 26 February Book Launch on “We too Kuala •Azian Juliana have a right to schooling: Lumpur Ng Kee Choo Orang Asli Women Speak Out” 41. 26 February Media Interview with Sinar Kuala •Mr. Jerald Harian on Orang Asli Lumpur Joseph 42. 27 February Discussion on SUHAKAM Putrajaya •Datuk Lok Yim investigation into Pheng complaints from •Muhammad Kampung Chubadak Faiz Abd Tambahan Residents Rahman 43. 27-28 February Women’s Regional Kuala •Paremeswari S. Network Summit Lumpur 44. 1-3 March Hepatitis C Virus (HCV) George •Siti Rahayu Diagnostics Advocacy Town, Pulau Mohamed Noor Workshop Pinang 45. 4 March Second Meeting of the Kuala •Lee Pei Hsi Special Select Committee Lumpur on Rights and Gender Equality 46. 4 March Meeting with Director Shah Alam, •Datuk Lok Yim General of Selangor Selangor Pheng Islamic Religious •Associate Prof. Department (JAIS) Dr. Nik Salida Suhaila Nik Saleh •Rafidah Yahya •Shahizad Sulaiman •Siti Zaihan Zulkarnain •Mohd Ariff Saifullah 47. 4 March Meeting with IOM on Kota •Datuk Godfrey Human Trafficking Issues Kinabalu, Gregory Joitol Sabah 48. 4 March Meeting of the Committee Kuala •Simon on the Remodeling Project Lumpur Karunagaram of the Locks-up of the MACC No. 1 49. 4-5 March National Consultation on Kuala •Chua Yen Sin Malaysian Media Council Lumpur •Norashikin Hamzah 248 SUHAKAM

Talks, Meetings, No. Date Workshops and Venue Representatives Conferences 50. 7-10 March Invitation to sit on the Gerik, •Hasmah Abdul Evaluation Panel for the Perak Manaf Practical Programme “Training and Module Development for Orang Asli Learning Centres” in Kampung Cunex 51. 11 March Media Interview with Kuala •Associate Prof. – Let’s Talk Lumpur Dr. Nik Salida with Sharaad Kuttan – Suhaila Nik Saleh Human Rights and Islam -Process in ratifying ICERD 52. 11 March Meeting with the District Tuaran, •Jasmih Slamat Office of Tuaran Sabah 53. 13 March Training in recording Kuching, •Yustina Ishak statements for SUHAKAM Sarawak Sarawak Officers 54. 14 March Public Launch of Electoral Parliament, •Chua Yen Sin Reform Roundtable Kuala Report Lumpur 55. 15-16 March The Clean Energy Kuching, •Mr. Francis Collaboration Panel on Sarawak Johen Anak “Community Involvement Adam in Energy Projects” •Abel Athi Kumar 56. 18 March Courtesy visit and Kuala •Datuk Godfrey meeting with the Lumpur Gregory Jaitol Ambassador of •Mr. Jerald Philippines to address Joseph issues related to migrant •Abdul Rahman workers and refugees in Abdullah Malaysia •Jasmih Slamat •Aida Suraya Haron 57. 18 March Inter-Government Session Kuching, •Sophian Osman with NGOs in Kuching Sarawak •Alfonso Min regarding ATIPSOM Act ANNUAL REPORT 2019 249

Talks, Meetings,

No. Date Workshops and Venue Representatives APPENDIX III Conferences 58. 19 March Meeting with National Putrajaya •Datuk Lok Yim Registration Department Pheng •Mr. Jerald Joseph •Datuk Godfrey Gregory Joitol •Simon Karunagaram •Jasmih Selamat •Nur Adlin Abd. Ghaffar •Aida Suraya Haron •Heflin Dino 59. 19 March Interview with Astro Awani Kuala •Mr. Francis – Let’s Talk with Sharaad Lumpur Johen Anak Kuttan – OKU Rights in Adam Malaysia and Human Rights in Sarawak 60. 21 March Meeting with Integrity Putrajaya •Datuk Lok Yim Unit, MOE Pheng •Simon Karunagaram •Aida Suraya Haron 61. 21 March Launch of KOMAS’ Racial Kuala •Sarah Adibah Discrimination Report 2018 Lumpur Hamzah 62. 26 March Parliamentary Briefing: Kuala •Mr. Jerald Joseph Summary of Human Lumpur •Hana Shazwin Rights Commitment – Azizan Universal Periodic Review •Josefina Abdullah (UPR) 2018 •Viven Rao Krishna Moorthi 63. 26 March Interview: Let’s Talk with Kuala •Mr. Jerald Sharaad Kuttan Lumpur Joseph 64. 26-28 March Workshop on Writing Shah Alam, •Mohd Ariff Friday Sermons Selangor Saifullah 65. 27 March Meeting on proposed Putrajaya •Mr. Jerald Joseph amendment to SUHAKAM •Prof. Dato’ Dr. Act 1999 (Act 597) Aishah Bidin •Dato’ Mah Weng Kwai •Datuk Lok Yim Pheng •Simon Karunagaram 250 SUHAKAM

Talks, Meetings, No. Date Workshops and Venue Representatives Conferences 66. 28 March Media Interview with Kuala •Mr. Jerald Astro Awani – Wang Lumpur Joseph Kelian Human Trafficking 67. 28 March Human Rights talk: “From Kuala •Mr. Jerald Truth to Reconciliation: Lumpur Joseph Healing Canada •Hasmah Abdul Indigenous perspective Manaf on reconciliation” 68. 1 April Interview with New Straits Kuala •Mr. Jerald Times – SUHAKAM’s views Lumpur Joseph on lowering voting age to 18 69. 1-5 April Roundtable Discussion on Kota •Mr. Jerald Non-Discrimination Kinabalu Joseph and •Datuk Godfrey Sandakan, Gregory Sabah •Abel Athi Kumar 70. 2 April Seminar on Transgender: ILKAP, •Prof. Dato’ Dr. Between Human Rights Bangi Aishah Bidin and Religious Rights •Siti Rahayu Mohamed Noor 71. 3 April Media Interview with Kuala •Dato’ Mah BFM Evening Edition – Lumpur Weng Kwai SUHAKAM Report on Enforced Disappearances 72. 3 April Meeting with the Putrajaya •Datuk Lok Yim Malaysian Training Pheng Teacher Institute (IPGM) •Rafidah Yahya •Hasmah Abdul Manaf •Muhammad Syafiq Ikhwan Ghazali 73. 4 April International Association Kuala •Tan Sri Razali of Democratic Lawyers Lumpur Ismail (IADL) and Confederation •Aisya Abdul of Lawyers of Asia and Rahman the Pacific (COLAP) Delegation Visit ANNUAL REPORT 2019 251

Talks, Meetings,

No. Date Workshops and Venue Representatives APPENDIX III Conferences 74. 4 April Media Interview with Kuala •Dato’ Mah Astro Awani – Let’s Talk Lumpur Weng Kwai with Sharaad Kuttan – Findings of Public Inquiry into the Disappearances of Pastor Raymond Koh and Amri Che Mat 75. 5 April Media Interview with Kuala •Mr. Jerald Astro Awani – Let’s Talk Lumpur Joseph with Sharaad Kuttan – SUHAKAM Resistance to Human Rights Discourse 76. 5 April Meeting with BHEUU on Putrajaya •Prof. Dato’ Dr. National Workshop on Aishah Bidin Business and Human •Dr. Cheah Rights Swee Neo •Aisya Abdul Rahman •Siti Rahayu Mohamed Noor 77. 8 April Asia Europe Institute Kuala •Chua Yen Sin (University of Malaya) Lumpur Exhibition and Forum on Modern Direct Democracy 78. 8 April Meeting with IOM Kuala •Siti Rahayu Lumpur Mohamed Noor •Helmi Fendy Mohammad Idris •Sarah Adibah Hamzah 79. 8 April ILO Worker’s Rights Kuching, •Datuk Lok Yim Seminar Sarawak Pheng •Mr. Francis Johen 80. 8-12 April Study visit by Bangsamoro Kuala •Mr. Jerald Human Rights Committee Lumpur Joseph and Regional Human Rights Commission 81. 9 April Media Interview with BFM Kuala •Dato’ Mah – How to Talk Treaties Lumpur Weng Kwai 82. 9 April Media Interview with Kuala •Dato’ Mah Bernama Today – Know Lumpur Weng Kwai Your Rights 252 SUHAKAM

Talks, Meetings, No. Date Workshops and Venue Representatives Conferences 83. 9 April Seminar on Kuala •Dato’ Mah Understanding the Rome Lumpur Weng Kwai Statute System and the •Prof. Dato’ Dr. International Criminal Aishah Hj. Bidin Court •Dr. Cheah Swee Neo •Nur Adlin Abd. Ghaffar 84. 10 April 2019 State of World Kuala •Dr. Cheah Population Report : Lumpur Swee Neo “Unfinished Business : The Pursuit of Rights & Choices for All” 85. 10 April Launch of Amnesty Petaling •Chua Yen Sin International’s Global Jaya, •Josefina Report on Death Selangor Abdullah Sentences and •Viven Rao Executions 2018 Krishna Moorthi 86. 11 April Talk on Human Rights and Bukit •Joshua Ericsson International Treaties Beruang, Melaka 87. 11-12 April Coalition for the Kuala •Tan Sri Razali International Criminal Lumpur Ismail Court (CICC) Asia-Pacific •Aisya Abdul Regional Strategy Meeting Rahman 88. 12 April Meeting with YB Prof. Dr. Pulau •Mr. Jerald Ramasamy Palanisamy, Pinang Joseph Pulau Pinang Deputy •Helmi Fendy Chief Minister, on the Mohammad Draft Code of Conduct Idris for the Promotion of Equal Opportunities Through the Elimination of Racial Discrimination 89. 12 April Meeting with YAB Prime Putrajaya •Tan Sri Razali Minister, Tun Dr. Mahathir Ismail Mohamad •Mr. Jerald Joseph •Datuk Lok Yim Pheng •Dato’ Mah Weng Kwai •Prof. Dato’ Dr. Aishah Bidin •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh ANNUAL REPORT 2019 253

Talks, Meetings,

No. Date Workshops and Venue Representatives APPENDIX III Conferences 90. 12 April Launch of Women’s Aid Kelana •Joshua Ericsson Organisation (WAO) Report Jaya, titled “Where’s the Child? Selangor The Rights of Child Domestic Violence Survivors” 91. 13 April Regional Consultation Kuala •Mr. Jerald on Creating Common Lumpur Joseph Platform for Expediting International Justice Mechanism for Rohingya victims of Genocide 92. 14 April Talk on SUHAKAM’s Role Kuala •Dr. Cheah and Functions in the Lumpur Swee Neo Protection and Promotion of Children’s Rights in Malaysia 93. 15 April Meeting with PERPADUAN Putrajaya •Aisya Abdul and Australian Human Rahman Rights Commission •Sarah Adibah on National Harmony Hamzah Commission Bill 94. 15 April Women Development Putrajaya •Aisya Abdul Department (JPW) Rahman Stakeholders Engagement •Chua Yen Sin Meeting on Sexual Harassment Bill 95. 18 April Roundtable Discussion Petaling •Joshua Ericsson on Law Reform to the Jaya, Aboriginal Peoples Act Selangor 1954 96. 19 April Roundtable Dialogue Petaling •Hasmah Abdul Series on Accessibility, Jaya, Manaf Protection and Care, and Selangor the Empowerment of Children in Malaysia 97. 19 April Media Interview with Kuala •Datuk Lok Yim Astro Awani – Let’s Talk Lumpur Pheng with Sharaad Kuttan – Challenges in Teaching Human Rights 98. 20 April Media Interview with The Kuala •Tan Sri Razali Malaysian Insight – Missing Lumpur Ismail activists report made public to provoke reaction 254 SUHAKAM

Talks, Meetings, No. Date Workshops and Venue Representatives Conferences 99. 22 April National Convention on Putrajaya •Mr. Jerald Orang Asli 2019 Joseph •Mr. Francis Johen •Datuk Lok Yim Pheng •Aisya Abdul Rahman •Aida Suraya Haron •Abel Athi Kumar 100. 23 April Meeting with Anti- Putrajaya •Datuk Lok Yim Trafficking In Persons Pheng and Anti-Smuggling of •Sarah Adibah Migrants Council (MAPO) Hamzah •Mohd Tan’im bin Tajuddin 101. 24 April Meeting with National Selangor •Datuk Lok Yim Anti-Drugs Agency Pheng 102. 25 April Speaker for MYCorps Perak •Mr. Jerald South East Asia 2019 Joseph Programme 103. 25 April Meeting with YB Prof. Dr. Penang •Mr. Jerald Ramasamy Palanisamy, Joseph Pulau Pinang Deputy •Helmi Fendy Chief Minister, on the Mohammad Draft Code of Conduct Idris for the Promotion of Equal •Aisya Abdul Opportunities Through Rahman the Elimination of Racial Discrimination 104. 26 April Meeting with UNHCR Kuala •Kevin Jason s/o Lumpur James 105. 27 April Programme “Jom Jelajah Kuala Kubu •Ahmad Zaidi Kampung Mukim Hulu Bharu, bin Baharuddin Bernam Utara” Selangor 106. 27 April Meeting with Residents Kayu Ara, •Muhammad Committee of Taman Selangor Faiz Abd Kayu Ara 1 & Developer Rahman 107. 30 April Programme “Theory Kuala •Abdul Rahman to Practice: P/CVE Lumpur Abdullah (Prevention/Countering Violent Extremism) in Malaysia” ANNUAL REPORT 2019 255

Talks, Meetings,

No. Date Workshops and Venue Representatives APPENDIX III Conferences 108. 30 April KPWKM Consultation Putrajaya •Nur Syamimi Meeting on Periodic Amran Report to the Convention on the Rights of the Child (CRC) Committee 109. 30 April Meeting with UNICEF on Putrajaya •Dr. Cheah new SUHAKAM-UNICEF Swee Neo MoU and support for •Aisya Abdul the new Children’s Rahman Commissioner •Joshua Ericsson 110. 2 May Healthcare for All: Trans- Kuala •Abel Athi inclusive Healthcare Lumpur Kumar Seminar 111. 3 May Meeting with BHEUU Putrajaya •Dr. Cheah Swee Neo 112. 3 May Meeting with UNICEF Kota •Heflin Dino Kinabalu, Sabah 113. 3 May Workshop to Discuss Kuala •Helmy Fendy the Findings of the Lumpur Mohammad “Background Studies Idris for the Development of •Sarah Adibah National Action Plans on Hamzah Forced Labour and Child Labour” 114. 3 May JPW Workshop on Sexual Putrajaya •Chua Yen Sin Harassment Bill 115. 3 May Meeting with BHEUU Putrajaya •Dr. Cheah on Amendments to Swee Neo SUHAKAM Act and •Mohamad Azizi NHRAP Azmi •Helmy Fendy Mohammad Idris •Joshua Ericsson 116. 3 May International Labour Kuala •Sarah Adibah Organisation (ILO) Lumpur Hamzah Workshop on Forced and Child Labour 256 SUHAKAM

Talks, Meetings, No. Date Workshops and Venue Representatives Conferences 117. 7 May Alternatives to Detention Kuala •Joshua Ericsson for Children (ATD) Lumpur Advocacy Strategy Meeting 118. 8 May Pakatan Harapan and Petaling •Lee Pei Hsi the Reform Agenda: Jaya, •Norashikin One Year on Joint Press Selangor Hamzah Conference •Josefina Abdullah 119. 8 May Human Rights talk: Gerik, •Hasmah Abdul “Correction: Collaboration Perak Manaf on Paralegal Training for Orang Asli Group in Perak” 120. 9 May The ACT4CAT Coalition Kuala •Aisya Abdul Meeting Lumpur Rahman •Lee Pei Hsi •Siti Zaihan Zulkarnain 121. 10 May Meeting with BHEUU Putrajaya •Dr. Cheah Swee Neo 122. 10 May Tuba Island Community Putrajaya •Jesrina Kaur Enhancement Programme Grewal (CEP) Meeting 123. 10 May External Evaluation Kuala •Joshua Ericsson Meeting on International Lumpur Detention Coalition (IDC) Project on Ending Child Immigration Detention 124. 13 May PERPADUAN Technical Putrajaya •Sarah Adibah Meeting on Harmony Hamzah Commission Bill 125. 14 May Human Resource Putrajaya •Sarah Adibah Ministry’s Stakeholder Hamzah Engagement on Proposed Amendments to the Industrial Relations Act and Trade Unions Act 126. 15 May Meeting with ASEAN Kuala •Dr. Cheah Parliamentarians for Lumpur Swee Neo Human Rights (APHR) ANNUAL REPORT 2019 257

Talks, Meetings,

No. Date Workshops and Venue Representatives APPENDIX III Conferences 127. 16 May Stakeholder Discussion Putrajaya •Jesrina Kaur with YB Datuk Liew Grewal Vui Keong, Minister in •Aisya Abdul the Prime Minister’s Rahman Department, on the Proposed Abolition of the Mandatory Death Penalty 128. 17 May Meeting with the Prisons Kajang, •Dr. Cheah Department regarding Selangor Swee Neo Prison Reform •Simon Karunagaram •Abdul Rahman Abdullah •Muhammad Faiz Abd Rahman •Aida Suraya Haron •Siti Rahayu Mohamed Noor 129. 23 May Meeting with BHEUU Putrajaya •Dr. Cheah Swee Neo 130. 23 May Meeting with the IO Kuala •Dr. Cheah Foundation Lumpur Swee Neo •Helmy Fendy •Siti Rahayu •Paremeswari S. 131. 23 May Meeting with PERPADUAN Kuala •Jesrina Kaur on the National Harmony Lumpur Grewal Commission Bill •Sarah Adibah Hamzah •Abel Athi Kumar 132. 23 May Meeting with the Director Kota •Jasmih Slamat of PERKESO Sabah Kinabalu, Sabah 133. 23 May Media Interview with Kuala •Prof. Dato’ Dr. Astro Awani – Let’s Talk Lumpur Aishah Bidin with Sharaad Kuttan – Understanding human rights – Is the law sufficient? 258 SUHAKAM

Talks, Meetings, No. Date Workshops and Venue Representatives Conferences 134. 24 May Management Meeting, Putrajaya •Dr. Cheah Prime Minister’s Office Swee Neo 135. 27 May Introduction to Business Petaling •Helmi Fendy and Human Rights in Jaya, Mohammad TECH Selangor Idris 136. 27 May Meeting on school caning Putrajaya •Chua Yen Sin 137. 27 May Meeting with ASEAN Kuala •Dr. Cheah Parliamentarians for Lumpur Swee Neo Human Rights 138. 28 May Meeting with Mr Alex Kota •Jasmih Slamat Douglas, Centre for Kinabalu, •Heflin Dino Humanitarian Dialogue Sabah 139. 28 May Discussion with BHEUU Kuala •Dr. Cheah on the appointment of Lumpur Swee Neo SUHAKAM Members 140. 30 May Roundtable Discussion on Kuala •Dr. Cheah the IPCMC Bill Lumpur Swee Neo •Aisya Abdul Rahman 141. 14 June Discussions on Proposed Putrajaya •Paremeswari S. Amendments to ATIPSOM •Sarah Adibah Act “Business Transparency Hamzah and Accountability In Supply Chains” 142. 17 June Talking Drugs, Death Kuala •Jesrina Kaur Penalty & Human Rights Lumpur Grewal Forum •Siti Rahayu Mohamed Noor •Chua Yen Sin •Nur Syamimi Amran •Simon Karunagaram •Aida Suraya Haron 143. 17 June Coordination Meeting Putrajaya •Dr. Cheah on National High Level Swee Neo Dialogue •Jesrina Kaur Grewal •Helmy Fendy Mohammad Idris ANNUAL REPORT 2019 259

Talks, Meetings,

No. Date Workshops and Venue Representatives APPENDIX III Conferences 144. 19 June Follow up Meeting Kajang, •Simon Regarding Prison Reform Selangor Karunagaram •Aida Suraya Haron 145. 19 June Intellectual Discourse – Serdang, •Hasmah Abdul “Nasib Orang Asli: Sampai Selangor Manaf Bila Akan Terpinggir” 146. 21 June Meeting of the Putrajaya •Dr. Cheah Committee on Universal Swee Neo Design and Built •Rafidah Yahya Environment Committee •Lee Pei Hsi under the National •Mohd Ariff Council for Persons with Saifullah Abd Disabilities No. 1 Rahman 147. 21-23 June Invitation to sit on the Kuala Lipis, •Hasmah Abdul Evaluation Panel for the Pahang Manaf Practical Programme “Training and Module Development for Orang Asli Learning Centres” 148. 25 June Interagency Meeting Putrajaya •Aisya Abdul with Minister in the Prime Rahman Minister’s Department, YB Datuk Liew Vui Keong on Law Reforms 2019 149. 25 June Dialogue Session YAB Putrajaya •Rafidah Yahya Deputy Prime Minister with •Siti Rahayu People with Disabilities’ Mohamed Noor Non-Government •Nur Syamimi Organisations Amran •Mohd Ariff Saifullah Abd Rahman 150. 26 June Meeting with civil society Kuala •Dr. Cheah to discuss the Trafficking Lumpur Swee Neo in Persons Report •Simon Karunagaram 151. 28 June Prison and Addiction Alor Setar, •Simon Conference Kedah Karunagaram 260 SUHAKAM

Talks, Meetings, No. Date Workshops and Venue Representatives Conferences 152. 28 June Meeting with Kuala •Dr. Cheah International Republican Lumpur Swee Neo Institute •Viven Rao Krishna Moorthi •Joshua Ericsson 153. 1-3 July Seminar on Underage Kota •Heflin Dino Marriage by Sabah Ministry Kinabalu of Law and Natives Affairs 154. 2 July Third Meeting of the Kuala •Lee Pei Hsi Special Select Committee Lumpur on Rights and Gender Equality 155. 3 July Interview with Bernama Kuala •Mr. Jerald Today – Human Rights 101 Lumpur Joseph 156. 5 July APHR - International Kuala •Tan Sri Othman Center for Not-For Profit Lumpur Hashim Law (ICNL) and SUHAKAM •Dato’ Mah Roundtable Discussion Weng Kwai with MPs on “Freedom of •Dr. Cheah Expression, Hate Speech Swee Neo and Internet Regulation in •Aisya Abdul Malaysia” Rahman •Joshua Ericsson •Sarah Adibah Hamzah 157. 9 July Meeting with Anti- Putrajaya •Datuk Lok Yim Trafficking In Persons Pheng and Anti-Smuggling of Migrants Council (MAPO) 158. 9 July Ministry of Foreign Affairs’ Putrajaya •Jesrina Kaur Universal Periodic Review Grewal (UPR) Consultation 2/2019 •Josefina Abdullah 159. 9 July Malaysian Timber Kuala •Joshua Ericsson Certification Council’s Lumpur •Sarah Adibah (MTCC) Regional Hamzah Consultation on Enquiry Draft of the Malaysian Criteria and Indicators for Forest Management Certification ANNUAL REPORT 2019 261

Talks, Meetings,

No. Date Workshops and Venue Representatives APPENDIX III Conferences 160. 11 July Meeting with Prisons Kajang, •Abdul Rahman Department regarding Selangor Abdullah Prison Reform •Aida Suraya Haron 161. 12 July Meeting on Monitoring Putrajaya •Dr. Cheah Recommendation Status Swee Neo from Institutional Reforms •Mohamad Azizi Committee (IRC) Azmi 162. 14-25 July Sustainable Rural Kuala •Dr. Madeline Development Course for Lumpur Berma SIDS and ASIAN Countries 163. 15 July Meeting with the Special Kuala •Tan Sri Othman Rapporteur on the Lumpur Hashim Situation of Human Rights •Datuk Lok Yim in Myanmar, Ms. Yanghee Pheng Lee •Simon Karunagaram •Jesrina Kaur Grewal •Rafidah Yahya •Hana Shazwin Azizan •Lee Pei Hsi •Aisya Abdul Rahman •Siti Rahayu Mohamed Noor •Norashikin Hamzah •Josefina Abdullah •Viven Rao Krishna Moorthi 164. 15 July Meeting with Minister Putrajaya •Tan Sri Othman in the Prime Minister’s Hashim Department (Law) Datuk Liew Vui Keong 165. 16 July KPWKM MPs Briefing on Kuala •Jesrina Kaur Sexual Harassment Bill Lumpur Grewal •Aisya Abdul Rahman •Chua Yen Sin 262 SUHAKAM

Talks, Meetings, No. Date Workshops and Venue Representatives Conferences 166. 16 July Forum on “Wacana Kuala •Dato’ Mah Mengorak Visi PDRM: Lumpur Weng Kwai IPCMC Sebagai Pengukur Integriti Institusi Polis” 167. 19 July Media Interview with Sin Kuala •Mr. Jerald Chew – Customary Land Lumpur Joseph Rights 168. 17 July Meeting with AMFORI Kuala •Datuk Godfrey on Business and Human Lumpur Gregory Joitol Rights •Datuk Lok Yim Pheng •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Dr. Cheah Swee Neo 169. 17 July Courtesy visit to Dato’ Putrajaya •Tan Sri Othman Nadzirah Osman, Deputy Hashim Secretary General, MOFA 170. 18 July BFM Interview Recording Kuala •Dr. Cheah Lumpur Swee Neo 171. 19 July Dialogue with Sahabat Kuala •Dr. Madeeline Alam Malaysia and Lumpur Berma Sarawak Indigenous •Datuk Lok Yim Representatives Pheng 172. 23 July Conference on Kuala •Mr. Jerald Countering Hate Speech Lumpur Joseph and Intolerance in Malaysia: Implementing the Rabat Plan of Action and UN Resolution 173. 23 July Courtesy visit by Kuala •Tan Sri Othman Representative of UNCHR Lumpur Hashim in Malaysia, Mr. Thomas Albrecht 174. 25 July Meeting with UNHCR Kuala •Mr. Jerald Lumpur Joseph 175. 25 July International Detention Kuala •Joshua Ericsson Coalition’s Evaluation Lumpur Meeting with Stakeholders 176. 26 July Meeting with Director Putrajaya •Dr. Cheah General of BHEUU Swee Neo ANNUAL REPORT 2019 263

Talks, Meetings,

No. Date Workshops and Venue Representatives APPENDIX III Conferences 177. 26 July Courtesy call to Datu Kuching, •Dr. Madeline Jaul Sameon (Acting, Sarawak Berma Sarawak State Secretary) and Dr. Jusit Jaul (Special Officer to Minister of Communication and Multimedia) 178. 29 July Working visit to Director- Putrajaya •Tan Sri Othman General of Immigration Hashim •Datuk Lok Yim Pheng •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Mr. Jerald Joseph •Sarah Adibah Hamzah 179. 31 July Meeting with the Special Kuala •Mr. Jerald Rapporteur on Minority Lumpur Joseph Rights, Dr. Fernand de •Dr. Madeline Varennes Berma •Simon Karunagaram •Jesrina Kaur Grewal •Hana Shazwin Azizan •Aisya Abdul Rahman •Josefina Abdullah •Abel Athi Kumar 180. 1 August BHEUU Workshop on Putrajaya •Aisya Abdul Reforms to Whistleblower Rahman Protection Act 2010 181. 2 August Tun Dr Siti Hasmah Lecture Kuala •Tan Sri Othman Series - HR: Reflections of Lumpur Hashim the East, Perceptions of the West 182. 5 August Meeting with Prisons Kajang, •Simon Department Regarding Selangor Karunagaram Prison Reform •Abdul Rahman Abdullah •Aida Suraya Haron 264 SUHAKAM

Talks, Meetings, No. Date Workshops and Venue Representatives Conferences 183. 5 August Discussion on Education Putrajaya •Associate Prof. of Politics and Dr. Nik Salida Democracy for Youth Suhaila Nik Saleh Under-18 with Dato’ •Shahizad Sulaiman •Dr. Cheah Swee Neo 184. 5-6 August MAPO-JHAMS National Kuala •Datuk Lok Yim Conference on Anti- Lumpur Pheng Trafficking in Persons •Dr. Cheah Swee Neo •Mohd Tan’im Tajuddin •Jesrina Kaur Grewal •Paremeswari S. •Aisya Abdul Rahman •Sarah Adibah Hamzah •Ahmad Afiifi Ramli 185. 6 August Lecture on “Reflections of Kuala •Tan Sri Othman Malaysian PR to the UN” Lumpur Hashim 186. 7 August Meeting with a US Kuala •Mr. Jerald Congressional Delegation Lumpur Joseph 187. 8 August Courtesy call to Dato’ Kuching, •Dr. Madeline James Chan Khay Syn, Sarawak Berma Mayor of Kuching City South Council and YB Datuk Amar Haji Mohd Asfia Awang Nassar, Speaker, Sarawak State Legislative Assembly 188. 8 August Management Meeting, Putrajaya •Dr. Cheah Prime Minister’s Office Swee Neo 189. 9 August Meeting with Director Putrajaya •Tan Sri Othman General, BHEUU Hashim 190. 9-10 August World Indigenous Day Bera, •Azian Juliana Celebration, Pahang Pahang Ng Kee Choo State Level 191. 13 August National Civic Education Putrajaya •Datuk Lok Yim Launch Ceremony Pheng •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh ANNUAL REPORT 2019 265

Talks, Meetings,

No. Date Workshops and Venue Representatives APPENDIX III Conferences 192. 13 August Working visit to The Advocates Kuching, •Dr. Madeline Association of Sarawak Sarawak Berma 193. 13 August Meeting with Positive Kuala •Dato’ Mah Malaysian Treatment Lumpur Weng Kwai Access and Advocacy •Dato’ Seri Mohd Group (MTAAG+) Hishamudin Md Yunus •Dr. Cheah Swee Neo 194. 13 August Discussion with Sarawak Kuching, •Dr. Madeline Society for the Blind (SSB) Sarawak Berma 195. 14 August Meeting with the Special Kuala •Dato’ Mah Rapporteur on Extreme Lumpur Weng Kwai Poverty and Human •Datuk Lok Yim Rights, Professor Philip Pheng Alston •Dr. Madeline Berma •Mr. Jerald Joseph •Datuk Godfrey Gregory Joitol •Dr. Cheah Swee Neo •Simon Karunagaram •Lee Pei Hsi •Aisya Abdul Rahman •Josefina Abdullah •Viven Rao Krishna Moorthi 196. 15 August Meeting with KPWKM Putrajaya •Mr. Jerald Joseph and BHEUU on Child •Dr. Cheah Commission Swee Neo 197. 15 August UNICEF Theory of Change Kuala •Chua Yen Sin Workshop Lumpur •Joshua Ericsson 198. 16 August Meeting with Chief Putrajaya •Datuk Lok Yim Commissioner of Pheng Malaysian Anti-Corruption •Dato’ Mah Commission (MACC) Weng Kwai •Dato’ Seri Mohd Hishamudin Md Yunus •Datuk Godfrey Gregory Joitol •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Mr. Jerald Joseph 266 SUHAKAM

Talks, Meetings, No. Date Workshops and Venue Representatives Conferences 199. 19 August SUHAKAM-SUARAM Public Kuala •Dato’ Mah Consultation on IPCMC Lumpur Weng Kwai Bill •Dato’ Seri Mohd Hishamudin Md Yunus •Mr. Jerald Joseph •Dr. Cheah Swee Neo •Aisya Abdul Rahman •Chua Yen Sin •Nur Syamimi Amran •Sarah Adibah Hamzah 200. 19 August Monash University Forum Bandar •Mr. Jerald on “Capacity Building Sunway, Joseph for Refugees: The Way Selangor •Joshua Ericsson Forward” 201. 20 August The ACT4CAT Coalition Kuala •Lee Pei Hsi Meeting Lumpur •Chua Yen Sin •Siti Zaihan Zulkarnain 202. 20 August Meeting with Transgender Kota •Jasmih Slamat NGO Kinabalu, •Heflin Dino Sabah 203. 21 August CSR and Human Rights Petaling •Dr. Cheah Dialogue: Build From Jaya, Swee Neo What Works in Malaysia Selangor •Ahmad Afiifi Ramli •Helmy Fendi Mohammad Idris 204. 21 August Courtesy visit to Tan Sri Kuala •Tan Sri Othman Abdul Hamid Bador, Lumpur Hashim Inspector-General of •Datuk Lok Yim Police (IGP) Pheng •Dato’ Mah Weng Kwai •Dato’ Seri Mohd Hishamudin Md Yunus •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Dr. Madeline Berma •Mr. Jerald Joseph •Dr. Cheah Swee Neo •Simon Karunagaram ANNUAL REPORT 2019 267

Talks, Meetings,

No. Date Workshops and Venue Representatives APPENDIX III Conferences 205. 21 August Courtesy visit by EU Kuala •Tan Sri Othman Ambassador to Malaysia Lumpur Hashim 206. 22 August Strategic Discussion on Kuala •Chua Yen Sin Alternative Care for All Lumpur •Nur Syamimi Children in Malaysia Amran 207. 22 August Courtesy visit by Kuala •Tan Sri Othman the Australian High Lumpur Hashim Commissioner to Malaysia •Josefina Abdullah 208. 22 August Meeting with YB Liew Putrajaya •Tan Sri Othman Vui Keong, Minister in Hashim the Prime Minister’s •Datuk Lok Yim Department Pheng •Dato’ Mah Weng Kwai •Dato’ Seri Mohd Hishamudin Md Yunus •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Dr. Madeline Berma •Mr. Jerald Joseph 209. 23 August UN Special Rapporteur on Kuala •Dr. Madeline Extreme Poverty and Human Lumpur Berma Rights Preliminary Findings on Poverty in Malaysia 210. 26 August Courtesy visit to YB Putrajaya •Tan Sri Othman Mohamed Hanipa Maidin, Hashim Deputy Minister, Prime Minister’s Department 211. 26 August Launch of Study on Kuala •Datuk Lok Yim Undocumented Migrant Lumpur Pheng Workers 212. 26 August Meeting with the Ministry of Putrajaya •Hasmah Abdul Human Resource (MOHR) Manaf on Encouraging Orang Asli Youth in TVET Skills 213. 26 August Stakeholder Consultation Kuala •Paremeswari S. - Wilmar’s No Exploitation Lumpur •Abel Athi Kumar Draft Protocol 214. 26 August Briefing on Independent Putrajaya •Dr. Cheah Police Complaints and Swee Neo Misconduct Commission •Jesrina Kaur (IPCMC) Grewal 268 SUHAKAM

Talks, Meetings, No. Date Workshops and Venue Representatives Conferences 215. 27 August Courtesy visit by Centre Kuala •Tan Sri Othman for Human Rights Lumpur Hashim Research & Advocacy •Datuk Lok Yim (CENTHRA) Pheng •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh 216. 27 August Bar Council-CICC Lecture Kuala •Datuk Lok Yim & Forum on Rome Statute Lumpur Pheng of the International •Aisya Abdul Criminal Court Rahman 217. 27 August Media Interview with Kuala •Tan Sri Othman The Online Lumpur Hashim – SUHAKAM 20 Years Anniversary 218. 27-28 August MIDAS-KAS Conference Kuala •Ahmad Afiifi Theme: Humanitarian Lumpur Ramli Assistance and Disaster •Josefina Relief: Shared Responsibility Abdullah 219. 28 August Courtesy visit by Kuala •Tan Sri Othman Penggerak Malaysia & Lumpur Hashim Majlis Rohingya Malaysia 220. 28 August Interview with The Kuala •Tan Sri Othman Malaysian Insight – Lumpur Hashim SUHAKAM 20 years - Under the New Chairman 221. 28 August Meeting with Amnesty Kuala •Dato’ Mah International Lumpur Weng Kwai 222. 28 August Roundtable Discussion on Selangor •Associate Prof. Sexual Health for Tahfiz Dr. Nik Salida Institutions at Universiti Suhaila Nik Saleh Sains Islam Malaysia •Hasmah Abdul (USIM) Manaf •Siti Zaihan Zulkarnain 223. 3 September National Forum on Forced Kuala •Dato’ Mah Labour and Human Rights Lumpur Weng Kwai 2019 •Datuk Godfrey Gregory Joitol •Datuk Lok Yim Pheng •Dr. Cheah Swee Neo •Sarah Adibah Hamzah ANNUAL REPORT 2019 269

Talks, Meetings,

No. Date Workshops and Venue Representatives APPENDIX III Conferences 224. 4-5 September Workshop on Prison Selangor •Dato’ Mah Reform Weng Kwai •Datuk Lok Yim Pheng •Dr. Madeline Berma •Dr. Cheah Swee Neo •Simon Karunagaram 225. 5 September Malaysia Roundtable Kuala •Datuk Lok Yim Discussion for the 12th ASEAN Lumpur Pheng Forum on Migrant Labour 226. 3 September Meeting with JAKOA Tapah, •Hasmah Abdul Perak and Kedah Perak Manaf on Coordinating “Programme in conjunction on Orang Asli Celebration Day 2019” 227. 5 September Inter-agency Meeting Putrajaya •Jesrina Kaur with Datuk Liew Vui Grewal Keong, Minister at Prime •Joshua Ericsson Minister’s Department on Law Reforms 2019 228. 5 September Meeting on Amendments Kuala •Dato’ Mah to SUHAKAM Act with Lumpur Weng Kwai BHEUU and Secretary •Dr. Cheah of the House of Swee Neo Representatives, Datuk •Jesrina Kaur Roosme Hamzah Grewal •Joshua Ericsson 229. 11 September Launching of Orang Asal/ Tapah, •Siti Zaihan Asli Day Celebration, Perak Zulkarnain National Level 2019 •Hasmah Abdul Manaf •Syairin Adirah Abd. Rahman •Mariani Che Hussin 230. 11-12 Smart Integrity Course at Kluang, •Ahmad Zaidi September INTAN Southern Regional Johor Baharuddin Campus (IKWAS) 231. 12 September Interview with Astro Awani Kuala •Mr. Jerald – Let’s Talk with Sharaad Lumpur Joseph Kuttan – SUHAKAM 20 years Anniversary 270 SUHAKAM

Talks, Meetings, No. Date Workshops and Venue Representatives Conferences 232. 16 September Media Interview with Kuala •Dr. Madeline Bernama TV – Hari Malaysia Lumpur Berma 233. 17 September Media Interview with Kuala •Mr. Jerald Channel News Asia Lumpur Joseph – Documentary on Rohingyas in Malaysia 234. 17 September The Network of Malaysian Kuala •Mr. Jerald Think Tanks Meeting Lumpur Joseph (NMTT) on the Theme of “Rising to the Malaysia Baru Challenge: How do Think Tanks Remain Relevant and Meet the Aspirations of the People” 235. 17 September Meeting with DCP Dato’ Bukit •Datuk Lok Yim Nerita Yaacob, Deputy Aman, Pheng Director of Management Kuala •Rafidah Yahaya (Training) Royal Malaysia Lumpur •Wan Norhafizah Police Junid •Nicole Kimberly Tan •Sukhvinder Singh 236. 17-18 International Detention Kuala •Joshua Ericsson September Coalition (IDC)-UNICEF Lumpur ATD advocacy strategy meeting 237. 18 September The Act4CAT Coalition Petaling •Chua Yen Sin Meeting Jaya •Lee Pei Hsi •Siti Zaihan Zulkarnain 238. 18 September Forum on Gender Equal Petaling •Chua Yen Sin Citizenship for Malaysians Jaya, Selangor 239. 18 September Courtesy visit by Kuala •Tan Sri Othman International Institute of Lumpur Hashim Advanced Islamic Studies •Associate Prof. (IAIS) Malaysia Dr. Nik Salida Suhaila Nik Saleh 240. 18 September Courtesy call from New Kuala •Tan Sri Othman Zealand High Commission Lumpur Hashim and NZ’s Chief Ombudsman 241. 19 September FoA Roundtable Kuala •Mr. Jerald Discussion organised by Lumpur Joseph SUARAM and CIVICUS ANNUAL REPORT 2019 271

Talks, Meetings,

No. Date Workshops and Venue Representatives APPENDIX III Conferences 242. 19 September Public Forum on Kuala •Mohd Ariff One Decade Later - Lumpur Saifullah A Review of the Persons •Nur Syamimi with Disabilities Act 2008 Amran 243. 20 September Coordination Meeting Putrajaya •Datuk Lok Yim on the Government’s Pheng Response to SUHAKAM •Mr. Jerald Joseph Annual Reports for 2018 •Dr. Cheah and 2019 Swee Neo •Rafidah Yahya •Lee Pei Hsi •Syamsul Azhar Zamani •Elza Nadiah Shaik Sulaiman 244. 20 September First Meeting of the Putrajaya •Dato’ Mah Special Committee Weng Kwai on the Abolition of the Mandatory Death Penalty 245. 21 September Human Rights-cum-NCR Miri, •Sophian Forum in Conjunction with Sarawak Osman the Seacology Award Presentation 246. 23 September Media Interview with Sinar Kuala •Dr. Madeline Harian – Wacana Lumpur Berma 247. 23 September Officiating of MyAgeing Selangor •Datuk Lok Yim New Building and Panellist Pheng for Intellectual Discourse 248. 23 September Media Interview with The Kuala •Mr. Jerald Star – R.A.G.E – Sarawak Lumpur Joseph Land Code and Sarawak IP Rights 249. 24 September Courtesy visit by Italian Kuala •Tan Sri Othman Ambassador and Charge Lumpur Hashim d’Affaires of the Embassy •Josefina of Iraq Abdullah 250. 24 September IOM Training for SMEs on Petaling •Datuk Lok Yim Forced Labour Jaya, Pheng Selangor •Dr. Cheah Swee Neo •Sarah Adibah Hamzah •Helmy Fendy Mohammad Idris 272 SUHAKAM

Talks, Meetings, No. Date Workshops and Venue Representatives Conferences 251. 24 September Courtesy visit by the Kuala •Tan Sri Othman Ambassador of the Lumpur Hashim Embassy of Italy in Malaysia 252. 24 September Courtesy visit by the Kuala •Tan Sri Othman Charge d’ Affairs of the Lumpur Hashim Embassy of the Republic •Josefina of Iraq in Malaysia Abdullah 253. 24-25 10 Years Celebration of Kuala Lipis, •Hasmah Abdul September Excellence - National Native Pahang Manaf Pedagogy Colloquium at Teacher Training Institute of Tengku Ampuan Afzan. 254. 25 September Refugee Law and Policy Brickfields, •Joshua Ericsson Stakeholder Meeting Kuala Lumpur 255. 25 September SUHAKAM Youth4Rights Nilai, •Ahmad Afiifi Talk at INTI College Negeri Ramli Sembilan •Joshua Ericsson 256. 25 September National Media Forum Selangor •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh 257. 26 September LexisNexis Rule of Law Café Kuala •Joshua Ericsson Roundtable Discussion on Lumpur “Now/Here I Belong” 258. 27 September Roundtable Discussion Shah •Sarah Adibah on Gender Studies in Alam, Hamzah Occupational Therapy Selangor among Professionals in Selangor 259. 27 September Launch of the Report on Kuala •Dr. Cheah Migrant Workers’ Access Lumpur Swee Neo to Justice: Malaysia 260. 30 September Meeting on Adopted Putrajaya •Sarah Adibah Children’s Religion Hamzah 261. 30 September Sarawak Investment & Kuching, •Dr. Madeline Business Summit “The Sarawak Berma Future of Sarawak - What •Alfonso Min Next? What Lies Ahead? 262. 30 September Meeting with North South Petaling •Simon Initiative Jaya, Karunagaram Selangor •Aida Suraya Haron ANNUAL REPORT 2019 273

Talks, Meetings,

No. Date Workshops and Venue Representatives APPENDIX III Conferences 263. 30 September Moderating a session: Kuala •Mr. Jerald CSOs’ Discussion on Lumpur Joseph AICHR ToR Review 264. 30 September MCCHR National Kuala •Mr. Jerald - 3 October Expert Consultations on Lumpur Joseph Freedom of Assembly, •Datuk Lok Yim Freedom of Expression, Pheng Statelessness, Civic Space •Dr. Cheah and Anti-Trafficking Swee Neo •Joshua Ericsson •Chua Yen Sin 265. 1 October Meeting with Tan Sri Putrajaya •Tan Sri Othman Syed Danial bin Syed Hashim Ahmad, The Keeper of •Dato’ Mah the Rulers’ Seal Weng Kwai •Dato’ Seri Mohd Hishamudin Md Yunus •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh 266. 1 October World Day Against Child Putrajaya •Dr. Cheah Labour Swee Neo 267. 2 October SUHAKAM Stakeholder Kuala •Dato’ Mah Consultation on Lumpur Weng Kwai Alternative Punishment to •Dato’ Seri Mohd the Death Penalty Hishamudin Md Yunus •Dr. Cheah Swee Neo •Jesrina Kaur Grewal •Aisya Abdul Rahman •Chua Yen Sin 268. 3 October Discussion with Director Pulau •Mr. Jerald of SRS Project Consortium Pinang Joseph on Complaints Received •Abdul Rahman from Penang Fisherman’s Abdullah Association •Muhammad Faiz Abd Rahman •Ahmad Zaidi Baharuddin 274 SUHAKAM

Talks, Meetings, No. Date Workshops and Venue Representatives Conferences 269. 4 October Coordination Meeting Kuala •Simon with Institute of Forensic Lumpur Karunagaram Medicine (IPFN) regarding •Abdul Rahman Forensic Seminar 2019 Abdullah •Yustina Ishak 270. 4 October Meeting with NRD on Putrajaya •Dato’ Seri Mohd Transgender Report Hishamudin Md Yunus •Dr. Cheah Swee Neo •Siti Rahayu Mohamed Noor 271. 4 October Meeting with Datuk Roosme Kuala •Dr. Cheah Hamzah, Secretary of the Lumpur Swee Neo House of Representatives 272. 5 October Meeting with UN High Kuala •Dato’ Mah Commissioner for Human Lumpur Weng Kwai Rights •Datuk Lok Yim Pheng •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Datuk Godfrey Gregory Joitol •Dr. Madeline Berma •Mr. Jerald Joseph •Dr. Cheah Swee Neo 273. 7 October Courtesy visit by Kuala •Tan Sri Othman Ambassador of Denmark Lumpur Hashim 274. 8 October Stakeholder Engagement Kuala •Mr. Jerald with Minister at the Prime Lumpur Joseph Minister’s Department, •Aisya Abdul Datuk Liew Vui Keong, on Rahman National Anti-Financial Crime Centre Bill 2019 275. 9 October Meeting with Malaysia Putrajaya •Datuk Lok Yim Alliance of Civil Society Pheng Organisations (MACSA) •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Rafidah Yahya •Shahizad Sulaiman 276. 10 October Art Expo Malaysia Kuala •Datuk Lok Yim Lumpur Pheng ANNUAL REPORT 2019 275

Talks, Meetings,

No. Date Workshops and Venue Representatives APPENDIX III Conferences 277. 11 October Malaysian CSO-SDG Kuala •Dato’ Mah Alliance-Kingsley Strategic Lumpur Weng Kwai Institute Roundtable •Dr. Cheah Discussion: “SUHAKAM Swee Neo 20 Years On - Fearless •Simon Defender of Human Rights Karunagaram or Toothless Tiger?” •Aisya Abdul Rahman 278. 11 October Courtesy call to the Putrajaya •Datuk Lok Yim Office of the Chief Pheng Registrar, Federal Court of •Rafidah Yahya Malaysia •Shahizad Sulaiman •Wan Norhafizah Junid •Muhammad Syafiq Ikhwan Ghazali 279. 11 October Media Interview (Astro Kuala •Dr. Madeline Awani) on 2020 Budget Lumpur Berma 280. 12 October Shared Prosperity Kuala •Dr. Madeline Inclusive Development for Lumpur Berma Malaysia 2019, Malaysia Freedom Summit 281. 12 October Media Interview with Kuala •Prof. Dato’ Noor RTM1(Pesona) – The Lumpur Aziah Mohd. Awal 2020 Budget focuses on women, family and children 282. 14 October Courtesy call to Putrajaya •Tan Sri Othman Chief Justice Malaysia, Hashim The Right Honourable •Dato’ Mah Tan Sri Tengku Maimun Weng Kwai binti Tuan Mat •Dato’ Seri Mohd Hishamudin Md Yunus •Datuk Lok Yim Pheng •Dr. Madeline Berma •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Mr. Jerald Joseph 276 SUHAKAM

Talks, Meetings, No. Date Workshops and Venue Representatives Conferences 283. 14 October 11th Indigenous Kuala •Azian Juliana Land Conference Lumpur Ng Kee Choo (Strengthening Indigenous Rights in New Malaysia) 284. 15 October Seminar: Research on Kuala •Sarah Adibah National Unity Index Lumpur Hamzah 285. 15 October Workshop on Kuching, •Sophian “Kesedaran Pelan Induk Sarawak Osman Pengupayaan ASEAN: Mengarusperdanakan Hak Asasi Orang Kurang Upaya” 286. 15 October UNICEF Workplan Meeting Kuala •Aisya Abdul Lumpur Rahman •Joshua Ericsson 287. 15 October International Conference Kuala •Datuk Lok Yim on Islam Unsurrendered: Lumpur Pheng Women Rising Against •Dr. Cheah Extremism, organised by Swee Neo Sisters in Islam •Jesrina Kaur Grewal 288. 16 October Meeting with BHEUU Putrajaya •Dr. Cheah on Debate on the 2018 Swee Neo SUHAKAM Annual Report 289. 16 October Environmental Conference Negeri •Datuk Lok Yim 2019: The Art & Science of Sembilan Pheng Sustainable Development 290. 17 October Media Interview with The Kuala •Dato’ Seri Edge – Politics and Policy: Lumpur Mohd Human rights apply to Hishamuddin everyone Md Yunus 291. 18 October Meeting with Direct Kuala •Dr. Cheah Contact Mission Lumpur Swee Neo to Malaysia on ILO •Abdul Rahman Convention 19 Abdullah •Aisya Abdul Rahman •Sarah Adibah Hamzah 292. 18 October Meeting with Mr. Eric Kuala •Tan Sri Othman Paulsen, Malaysia’s Lumpur Hashim Representative to AICHR •Mr. Jerald Joseph •Dr. Cheah Swee Neo •Viven Rao Krishna Moorthi ANNUAL REPORT 2019 277

Talks, Meetings,

No. Date Workshops and Venue Representatives APPENDIX III Conferences 293. 18 October Children Commissioner Kuala •Prof. Dato’ Noor meets with Asylum Lumpur Aziah Mohd. Awal Access on ATD for •Aisya Abdul Refugee Children Rahman •Nur Syamimi Amran

294. 18 October Media Interview with Kuala •Associate Prof. – 20 Years Lumpur Dr. Nik Salida of the Establishment of Suhaila Nik Saleh SUHAKAM 295. 18 October Media Interview with Ikim. Kuala •Prof. Dato’ Noor FM on Child Rights Lumpur Aziah Mohd. Awal

296. 18 October The Act4CAT Coalition Petaling •Chua Yen Sin Meeting Jaya •Lee Pei Hsi •Siti Zaihan Zulkarnain 297. 18 October Meeting on ATIPSOM Act Putrajaya •Sarah Adibah Amendments Hamzah 298. 21 October Coordination Meeting on Putrajaya •Dato’ Mah Townhall Sessions of the Weng Kwai Special Committee on •Chua Yen Sin Alternative Punishment to the Mandatory Death Penalty 299. 22 October Meeting on UNHCR Kuala •Dr. Cheah Workplan Lumpur Swee Neo •Aisya Abdul Rahman 300. 23 October UNICEF Mini Play Putrajaya •Nur Syamimi Conference Putrajaya 2019 Amran 301. 24 October Human Rights talk: Kuala •Shahizad “Death in Custody” Lumpur Sulaiman and “Introduction to •Aisya Abdul the Mandela Rules” Rahman at National Defence •Wan Nurhafizah University of Malaysia Junid (UPNM) 278 SUHAKAM

Talks, Meetings, No. Date Workshops and Venue Representatives Conferences 302. 29 October Meeting with Bahagian Putrajaya •Datuk Lok Yim Pengurusan Sekolah Pheng Harian (BPSH), MOE, on •Rafidah Yahya the Launch of Human •Shahizad Rights Module post UPSR Sulaiman and PT3, in conjunction •Wan Norhafizah with International Junid Human Rights Day 2019 •Muhammad Celebration Syafiq Ikhwan Ghazali 303. 30 October Transparency Kuala •Aisya Abdul International Malaysia Lumpur Rahman Forum on Whistle-blower Protection Law in OECD Countries 304. 30-31 October Workshop on Orang Asli Putrajaya •Hasmah Abdul National Development Manaf Plan (PPNOA) 305. 30-31 October Regional Workshop on Kuala •Tan Sri Othman NHRIs Lumpur Hashim 306. 31 October Roundtable on Migrant Subang •Datuk Lok Yim Health Care Jaya, Pheng Selangor 307. 31 October Courtesy visit by Pakistan Kuala •Tan Sri Othman High Commissioner Lumpur Hashim 308. 31 October Courtesy call on Dato’ Kuala •Tan Sri Othman Mohd Zamruni Khalid, Lumpur Hashim Institute of Diplomacy and Foreign Relations and Lecture Series 309. 2 November Human Rights talk Chenderiang, •Hasmah Abdul on United Nations Perak Manaf Declaration on the Rights of Indigenous Peoples at Ladang CARE 310. 4 November Meeting with YBhg. Kuala •Tan Sri Othman Prof. Emeritus Dato’ Lumpur Hashim Paduka Dr. Mahmood •Associate Prof. Zuhdi Hj Abd. Majid (ex- Dr. Nik Salida SUHAKAM Commissioner Suhaila Nik Saleh & Chairman of UPSI) ANNUAL REPORT 2019 279

Talks, Meetings,

No. Date Workshops and Venue Representatives APPENDIX III Conferences 311. 4 November Meeting with Belgium Kuala •Dr. Cheah Embassy Representative Lumpur Swee Neo •Paremeswari S. •Siti Rahayu Mohamed Noor •Helmi Fendy Mohammad Idris 312. 5 November Meeting with Sabah Law Kota •Datuk Godfrey Society on various Human Kinabalu, Gregory Joitol Rights Issues in Sabah Sabah •Jasmih Slamat •Heflin Dino 313. 6 November Meeting with International Kuala •Tan Sri Othman Committee of the Red Lumpur Hashim Cross (ICRC) 314. 6 November Conference on Kuala •Mr Jerald Sustainable Development Lumpur Joseph Goals (SDG SUMMIT) 2019 •Dr. Madeline Berma •Hana Shazwin Azizan •Aisya Abdul Rahman •Josefina Abdullah 315. 6 November Closed Stakeholder Putrajaya •Aisya Abdul Engagement on Rahman the Establishment of Ombudsman Office Malaysia 316. 6-29 Report on National Putrajaya •Rafidah Yahya November Education Policy 2019 •Shahizad Lab, 2nd Phase Sulaiman •Hasmah Abdul Manaf •Helmy Fendy Mohammad Idris 317. 7 November Management Meeting, Putrajaya •Dr. Cheah Prime Minister’s Office Swee Neo 318. 7 November Briefing on Child Act and Putrajaya •Dr. Cheah Child Justice Swee Neo 280 SUHAKAM

Talks, Meetings, No. Date Workshops and Venue Representatives Conferences 319. 7 November TIOF - NFDR project and Cyberjaya, •Mr. Jerald National Seminar on Selangor Joseph Digital Rights, MCMC-IO •Aisya Abdul Foundation Digital Rights Rahman Seminar •Helmy Fendy Mohammad Idris 320. 7 November Meeting on Social Putrajaya •Dr. Cheah Welfare: LGBT Issues in Swee Neo Malaysia •Paremeswari S. •Siti Rahayu Mohamed Noor 321. 8 November Meeting with Kuala •Dr. Cheah Parliamentarians for Lumpur Swee Neo Global Action (PGA) and •Jesrina Kaur Ensemble Contre la Peine Grewal de Mort (EPCM) on death •Aisya Abdul penalty Rahman •Chua Yen Sin 322. 8 November Death Penalty Putrajaya •Dato’ Mah Committee Meeting Weng Kwai 323. 8 November Media Interview with Kuala •Prof. Dato’ Noor Astro Awani – Children’s Lumpur Aziah Mohd. Awal Rights 324. 10 November Public Inquiry on IPCMC Kota •Jasmih Slamat Kinabalu, Sabah 325. 11 November Special Committee on Putrajaya •Dato’ Mah Alternative Punishment Weng Kwai to the Death Penalty •Dr. Cheah Townhall Session Swee Neo (KL-Selangor) •Jesrina Kaur Grewal •Chua Yen Sin •Nur Syamimi Amran 326. 11-15 Workshop on National Putrajaya •Datuk Lok Yim November Education Policy Pheng 327. 12 November Policy Dialogue on Kuala •Datuk Lok Yim the Implementation of Lumpur Pheng ASEAN Consensus on the Protection and Promotion of the Rights of Migrant Workers ANNUAL REPORT 2019 281

Talks, Meetings,

No. Date Workshops and Venue Representatives APPENDIX III Conferences 328. 12 November Seminar on Women Issues Kuala •Chua Yen Sin Plaguing B40 Women at Lumpur •Nur Syamimi United Nations University Amran International Institute for Global Health (UNU-IIGH) 329. 13 November Briefing on Gender Kuala •Datuk Lok Yim Sensitivity for Members of Lumpur Pheng Parliament •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh 330. 13-14 Special Committee on Johor •Dato’ Mah November Alternative Punishment Bahru, Weng Kwai to the Death Penalty Johor •Jesrina Kaur Townhall Session (Johor) Grewal 331. 14 November Meeting with Petronas Kuala •Dato’ Mah on Business and Human Lumpur Weng Kwai Rights •Dr. Cheah Swee Neo •Paremeswari S. •Siti Rahayu Mohamed Noor •Helmi Fendy Mohammad Idris •Abel Athi Kumar 332. 14 November Meeting with EU Kuala •Dr. Cheah delegation and Lumpur Swee Neo Netherlands Embassy •Paremeswari S. Representative •Siti Rahayu Mohamed Noor •Helmi Fendy Mohammad Idris 333. 18 November Follow-up meeting with Putrajaya •Datuk Lok Yim Bahagian Pengurusan Pheng Sekolah Harian (BPSH), •Rafidah Yahya MOE on the Launching •Shahizad of Human Rights Sulaiman Module Post UPSR and •Wan Norhafizah PT3, in conjunction Junid with the International •Muhammad Human Rights Day 2019 Syafiq Ikhwan Celebration Ghazali 334. 18 November Media Interview with Kuala •Prof. Dato’ Noor Astro Awani – The Lumpur Aziah Mohd. Awal Basic Principles on Fighting for Children’s Rights 282 SUHAKAM

Talks, Meetings, No. Date Workshops and Venue Representatives Conferences 335. 18 November Meeting with Hon. Kuala •Mr. Jerald Executive Director, The Lumpur Joseph Inclusivity Project and also General Secretary SWADHIKAR / National Campaign on Dalit Human Rights (NCDHR) 336. 18 November Media Interview with Kuala •Prof. Dato’ Noor BFM – Stakeholders’ Lumpur Aziah Mohd. Awal Consultations with Office of Children’s Commissioner 337. 18 November Technical Engagement Putrajaya •Nur Syamimi within Malaysia and Amran UNICEF under Country Programme Action Plan 2016-2020: Year-End Review Meeting for Rolling Work Plan 2019-2020 338. 21-22 Prison Reform Colloquium Kajang, •Mr. Jerald November Selangor Joseph •Simon Karunagaram •Aisya Abdul Rahman •Wan Norhafizah Junid 339. 21 November RTD on Social Wellbeing: Kuala •Dato’ Seri Mohd Social Issues concerning Lumpur Hishamudin Md Muslim and Non- Yunus Muslim LGBT Persons in •Datuk Lok Yim Malaysia by Department Pheng of National Unity and •Dr. Cheah Integration Swee Neo •Paremeswari S. •Siti Rahayu Mohamed Noor •Helmi Fendy Mohammad Idris •Abel Athi Kumar •Nur Syamimi Amran 340. 22 November Focus Group Discussion Bangi, •Sarah Adibah on the Rights of Children Selangor Hamzah in Detention ANNUAL REPORT 2019 283

Talks, Meetings,

No. Date Workshops and Venue Representatives APPENDIX III Conferences 341. 25 November CSO Stakeholder Kuala •Mr Jerald Engagement Meeting Lumpur Joseph on Ombudsman •Aisya Abdul Malaysia with Deputy Rahman Minister at the Prime Minister’s Department, YB Mohamed Hanipa Maidin 342. 25 November Meeting with Amnesty Kuala •Dato’ Seri Mohd International Lumpur Hishamudin Md Yunus 343. 26 November Breakfast Seminar on Kuala •Dr. Cheah Business and Human Rights Lumpur Swee Neo 344. 27 November Meeting with Malaysia Cyberjaya •Datuk Lok Yim Teacher Training Institute Pheng on syllabus mapping •Rafidah Yahya •Shahizad Sulaiman •Muhammad Syafiq Ikhwan Ghazali 345. 27 November Launch of Report The Petaling •Chua Yen Sin Effectiveness of Laws to Jaya, Prevent and Curb Sexual Selangor Harassment 346. 27-28 BHEUU-Centre for Putrajaya •Aisya Abdul November Independent Journalism Rahman (CIJ) National Consultation on Right to Information Legislation 347. 28 November Death Penalty Putrajaya •Dato’ Mah Committee Meeting Weng Kwai 348. 29 November Meeting with Faculty Kota •Jasmih Slamat of Arts, Humanities and Kinabalu, Heritage (FKSW), UMS Sabah 349. 2-5 December ILO Workshop on National Kuala •Sarah Adibah Action Plan for Forced Lumpur Hamzah Labour and Child Labour •Helmi Fendy Mohammad Idris 284 SUHAKAM

Talks, Meetings, No. Date Workshops and Venue Representatives Conferences 350. 2-5 December UNICEF’s Communication Putrajaya •Siti Zaihan for Development (C4D) Zulkarnain Workshop 351. 6 December Interview by ASTRO – Kuala •Mr. Jerald Human Rights Lumpur Joseph 352. 7 December Mental Health Recovery Kuala •Dr. Cheah Conference 2019 Lumpur Swee Neo 353. 9 December Meeting on Death Putrajaya •Dato’ Mah Penalty Weng Kwai 354. 9 December Outreach Session with Kuala •Tan Sri Othman NGOs & CSOs on Nuclear Lumpur Hashim Disarmament & Non- Proliferation 355. 9 December Media Interview with BBC Kuala •Mr. Jerald - Statelessness Lumpur Joseph 356. 9 December Media Interview with Astro Kuala •Mr. Jerald Awani – Human Rights - Lumpur Joseph Where is Malaysia? 357. 9 December Launch of SUARAM’s Kuala •Simon Annual Report Lumpur Karunagaram 358. 10 December Interview with Nasional Kuala •Tan Sri Othman FM on Human Rights Day Lumpur Hashim 359. 10 December Workshop on Kuala •Sarah Adibah Development of National Lumpur Hamzah Data Sharing Policy •Helmi Fendy Mohammad Idris 360. 11 December Global Migration Film Kuala •Mr. Jerald Festival Lumpur Joseph 361. 11 December EU Delegation Celebrating Kuala •Dato’ Mah World Human Rights Day Lumpur Weng Kwai 362. 12 December Curriculum Review Bangi, •Paremeswari S. Committee (JKKSK) Selangor •Shahizad Meeting for Transgender Sulaiman Courses: Between Human •Siti Rahayu Rights and Religious Rights Mohamed Noor 363. 12 December Meeting with Aaron Myers, Kuala •Dr. Cheah ANNI Report Consultant Lumpur Swee Neo •Mohamad Azizi Azmi 364. 12-13 Workshop on National Putrajaya •Sarah Adibah December Guidelines on Human Hamzah Trafficking Indicators •Abel Athi Kumar ANNUAL REPORT 2019 285

Talks, Meetings,

No. Date Workshops and Venue Representatives APPENDIX III Conferences 365. 13 December Death Penalty Putrajaya •Dato’ Mah Committee Meeting Weng Kwai 366. 13 December 29th National Lasallian Perak •Mr. Jerald Youth Convention 2019 Joseph 367. 16 December Death Penalty Putrajaya •Dato’ Mah Committee Meeting Weng Kwai 368. 16 December Meeting with Australian Kuala •Dr. Cheah High Commission Lumpur Swee Neo Delegation on the •Hana Shazwin Universal Periodic Review Azizan (UPR) •Josefina Abdullah 369. 16 December Meeting with Bar Council Kuala •Prof. Dato’ Child Rights Committee Lumpur Noor Aziah Mohd. Awal •Dr. Cheah Swee Neo •Sara Ibrahim Warda •Nur Liyana Adlin 370. 17 December Roundtable Discussion on Kuala •Dato’ Mah Hate Speech Lumpur Weng Kwai •Dato’ Seri Muhamad Hishamudin Md Yunus •Mr. Jerald Joseph •Dr. Cheah Swee Neo 371. 17 December Death Penalty Putrajaya •Dato’ Mah Committee Meeting Weng Kwai 372. 17 December UNDP Human Development Kuala •Datuk Lok Yim Report 2019 Dialogue Lumpur Pheng 373. 17 December Book Launch By His Royal Kuala •Tan Sri Othman Highness Sultan Nazrin Lumpur Hashim Muizzuddin Shah Ibni Almarhum Sultan Azlan Muhibbuddin Shah Al- Maghfur-Lah 286 SUHAKAM

Talks, Meetings, No. Date Workshops and Venue Representatives Conferences 374. 17 December SUHAKAM-CCPR Kuala •Dato’ Mah Centre Workshop on Lumpur Weng Kwai Hate Speech and Non- •Dato’ Seri Mohd Discrimination Law Hishamudin Md Reforms Yunus •Mr. Jerald Joseph •Dr. Cheah Swee Neo •Jesrina Kaur Grewal •Aisya Abdul Rahman •Chua Yen Sin •Sarah Adibah Hamzah •Nur Syamimi Amran 375. 18 December Side-Meeting with UN Putrajaya •Tan Sri Othman Human Rights Committee Hashim Chair, Mr. Ahmed Fathalla •Dato’ Mah and representatives of Weng Kwai MOFA, Ministry of Home •Mr. Jerald Joseph Affairs, BHEUU and •Dr. Cheah PERPADUAN Swee Neo •Jesrina Kaur Grewal •Aisya Abdul Rahman •Shahizad Sulaiman •Chua Yen Sin •Sarah Adibah Hamzah 376. 18 December Workshop on South- Kuala •Datuk Lok Yim South Cooperation Lumpur Pheng in Population and Development 377. 20 December Courtesy call by Kuala •Tan Sri Othman Ambassador of Japan - Lumpur Hashim HE Hiroski Oka 378. 20 December Launch of Child Rights Kuala •Prof. Dato’ Noor Coalition Malaysia’s NGO Lumpur Aziah Mohd. Awal CRC Report on the Status •Sara Ibrahim of Children in Malaysia Warda •Nur Liyana Adlin ANNUAL REPORT 2019 287

Talks, Meetings,

No. Date Workshops and Venue Representatives APPENDIX III Conferences 379. 23 December Courtesy visit to Putrajaya •Tan Sri Othman YAA Dato’ Dr. Hj. Hashim Mohd. Na’im Hj. Mokhtar •Dato’ Mah Weng Kwai •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Dr. Madeline Berma •Prof. Dato’ Noor Aziah Mohd. Awal 380. 23 December Discussion on the Putrajaya •Dr. Cheah Development of a Swee Neo National Action Plan •Jesrina Kaur on Business and Human Grewal Rights (NAPBHR) •Helmi Fendy Mohammad Idris 381. 26 December Meeting with Parastoo Kuala •Prof. Dato’ Noor Theatre Lumpur Aziah Mohd. Awal •Sara Ibrahim Warda •Nur Liyana Adlin 382. 27 December Meeting with Children’s Putrajaya •Prof. Dato’ Noor Unit, Department of Aziah Mohd. Awal Social Welfare •Dr. Cheah Swee Neo •Sara Ibrahim Warda •Nur Liyana Adlin 383. 30 December Meeting with Sisters in Kuala •Prof. Dato’ Noor Islam Lumpur Aziah Mohd. Awal •Sara Ibrahim Warda •Nur Liyana Adlin 288 SUHAKAM

APPENDIX IV

LIST OF TALKS, MEETINGS, WORKSHOPS AND CONFERENCES – INTERNATIONAL

Talks, Meetings, No. Date Workshops and Venue Representatives Conferences 1. 28-30 January Asia Pacific Forum Doha, •Dr. Cheah of NHRIs (APF) Senior Qatar Swee Neo Executive Officers (SEO) Network Meeting 2. 26 February Dialogue with the Foreign Geneva, •Mr. Jerald Minister - Progress and Switzerland Joseph Challenges of Human Rights in Malaysia 3. 4-7 March 2019 Annual Meeting of Geneva, •Datuk Godfrey the Global Alliance of Switzerland Gregory Joitol NHRIs (GANHRI) •Mr. Jerald Joseph •Hana Shazwin Azizan 4. 9 March Projek Amanat Negara XVI Nottingham, •Associate Prof. 2019 organised by United United Dr. Nik Salida Kingdom and Eire Council Kingdom Suhaila Nik for Malaysian Students Saleh 5. 14-15 March UPR Plenary Session, 40th Geneva, •Mr. Jerald Session of the Human Switzerland Joseph Rights Council (HRC) •Josefina Abdullah 6. 14-15 March 2019 UN South Asia Forum New Delhi, •Prof. Dato’ Dr. on Business and Human India Aishah Bidin Rights •Helmi Fendy Mohammad Idris 7. 29 March Side Event on Bangkok, •Siti Rahayu “Empowering the most Thailand Mohamed marginalised and ensuring Noor inclusiveness and equality: Realising the SDGs through Human Rights” 8. 2-3 April APF-OHCHR Workshop Bangkok, •Josefina on strengthening the Thailand Abdullah capacity of NHRIs In South •Kevin Jason and South-East Asia to s/o James Integrate Human Rights in Humanitarian Action ANNUAL REPORT 2019 289

Talks, Meetings,

No. Date Workshops and Venue Representatives APPENDIX IV Conferences 9. 24-25 April Southeast Asia NHRIs Dili, Timor •Hana Shazwin Forum (SEANF) Technical Leste Azizan Working Group (TWG) Meeting 1/2019 10. 22-26 April 18th Session of the United New York, •Hasmah Abdul Nations Permanent Forum USA Manaf of Indigenous Issues •Heflin AK Dino (UNPFII) •Azian Juliana d/o Ng Kee Choo 11. 6-10 May GANHRI/FES/OHCHR/ Geneva, •Chua Yen Sin UNITAR Training Course Switzerland for NHRIs on International Human Rights Mechanism 12. 30-31 May Regional Preparatory Bangkok, •Joshua Ericsson Meetings for the 2019 Thailand High-Level Segment on Statelessness 13. 10-11 June AICHR Interregional Bangkok, •Helmi Fendy Dialogue: Sharing Good Thailand Mohammad Practices on Business and Idris Human Rights 14. 12-13 June The Responsible Business UNCC •Dr. Cheah and Human Rights Forum Bangkok, Swee Neo Thailand •Helmi Fendy Mohammad Idris 15. 26-28 June Regional Workshop on Bangkok, •Aisya Abdul ASEAN Declaration of Thailand Rahman Rights of Children in the Context of Migration (Children on the Move) and UNICEF Training on Case Management 16. 17 July United Nations High New York, •Mr. Jerald Level Political Forum USA Joseph Side Event on Linking Peace, Justice and Development Through Good Governance 290 SUHAKAM

Talks, Meetings, No. Date Workshops and Venue Representatives Conferences 18. 23-25 July Southeast Asia NHRIs Dili, Timor •Paremeswari S. Forum (SEANF) Technical Leste •Abdul Rahman Working Group (TWG) Abdullah Meeting 2/2019 19. 28-30 August Asia Pacific Forum of NHRIs Ulaanbaatar, •Hana Shazwin (APF) Communications Mongolia Azizan Network Workshop 20. 29-30 August Workshop with Southeast Jakarta, •Aisya Abdul Asia NHRIs Forum (SEANF) Indonesia Rahman on localising SDGs and •Muhammad NDCs, gender equality Faiz Abdul and related monitoring Rahman system/accountability •Muhammad mechanism Syafiq Ikhwan Ghazali 21. 3-5 September 24th Annual General Seoul, •Tan Sri Othman Meeting of the Asia Korea Hashim Pacific Forum of NHRIs •Mr. Jerald (APF) and Biennial Joseph Conference •Aisya Abdul Rahman 22. 3-5 September Commonwealth Forum of Kigali, •Viven Rao NHRIs (CFNHRI) Workshop Rwanda Krishna Moorthi on Sport and Human Rights 23. 11-13 Senior Officials Conference Manila, •Prof. Dato’ September on Gender Mainstreaming Philippines Noor Aziah in ASEAN Political-Security Mohd. Awal Community (APSC) Sectoral Bodies 24. 24-25 Consultation on the Florence, •Prof. Dato’ September Mandate of the Special Italy Noor Aziah Rapporteur on the Sale Mohd. Awal and Sexual Exploitation of •Jesrina Kaur Children Grewal 25. 1-3 October APF-OHCHR Human Bangkok, •Josefina Rights in Humanitarian Thailand Abdullah Action Workshop •Kevin Jason s/o James 26. 3-4 October Regional Dialogue on Bangkok, •Dato’ Mah the Role of NHRIs in Thailand Weng Kwai Addressing Climate Change as a Trans- boundary Human Rights Issue ANNUAL REPORT 2019 291

Talks, Meetings,

No. Date Workshops and Venue Representatives APPENDIX IV Conferences 27. 8-9 October Southeast Asia Regional Jogjakarta, •Nyak Baqi Forum on “The Role of Indonesia Kamaruddin Indigenous Knowledge in Rights-based Sustainable Development” 28. 10-11 October Global Consultation on The Geneva, •Tan Sri Othman Role of NHRIS in Facilitating Switzerland Hashim Access to Remedy for •Abel Athi Kumar Business-Related Human Rights Abuses 29. 22-24 October 16th Annual Meeting Dili, Timor •Tan Sri Othman of the Southeast Asia Leste Hashim NHRIs Forum (SEANF) and •Datuk Godfrey Seminar on the Rights of Gregory Joitol Persons with Disabilities •Simon Karunagaram 30. 22-24 October Expert Consultation - Bogor, •Prof. Dato’ Advancing Children’s Indonesia Noor Aziah Rights to Healthy Mohd. Awal Environment 31. 23-25 October The 2019 EU-Taiwan LGBTI Taiwan •Dato’ Seri Mohd Conference on Marriage Hishamudin Equality & The Protection Yunus of LGBTI Rights •Siti Rahayu Mohamed Noor 32. 27-30 October 11th International Sarajevo, •Mr. Jerald Conference of Ombuds Bosnia and Joseph Institutions for the Armed Herzegovina Forces 33. 27-30 October 9th Regional Conference Bataan, •Dato’ Mah on Human Rights and Philippines Weng Kwai Business in Southeast Asia 34. 3-7 November 19th Informal ASEM Tromso, •Datuk Lok Yim Seminar on Human Rights: Norway Pheng “Human Rights Education and Training” 35. 11-12 AICHR Consultation on Bangkok, •Mr. Jerald November the Realisation of the Thailand Joseph Right to Development to Enhance ASEAN Community (in Article 35- 37 of the ASEAN Human Rights Declaration), ASEAN Secretariat 292 SUHAKAM

Talks, Meetings, No. Date Workshops and Venue Representatives Conferences 36. 11-13 AICHR Consultation on Jakarta, •Dr. Madeline November the Realisation of the Indonesia Berma Right to Development to Enhance the ASEAN Community 37. 12-14 International Conference Kathmandu, •Tan Sri Othman November on Protection of Rights of Nepal Hashim the Migrant Workers •Aida Suraya Haron 38. 18-19 NHRI Workshop on Human Bangkok, •Ahmad Afiifi November Rights and Sustainable Thailand Ramli Development in Fisheries and Aquaculture 39. 19-21 International Expert Chiang •Dr. Madeline November Group Meeting on Mai, Berma the role of Indigenous Thailand Peoples in implementing SDG 16: Peace, Justice and Strong Institutions 40. 21-22 Regional Roundtable Bangkok, •Prof. Dato’ November on Alternative Care Thailand Noor Aziah Arrangements for Mohd. Awal Children in the Context of International Migration in the Asia Pacific 41. 25-27 UN Forum on Business and Geneva, •Associate Prof. November Human Rights Switzerland Dr. Nik Salida Suhaila Nik Saleh •Siti Rahayu Mohamed Noor 42. 26-28 CTI–APT Regional Seminar Bali, •Datuk Lok Yim November on “Sharing experiences Indonesia Pheng and building State •Lee Pei Hsi capacity in Southeast Asia and the wider Asia-Pacific region: Strengthening institutional and legislative frameworks for effective law enforcement” ANNUAL REPORT 2019 293

Talks, Meetings,

No. Date Workshops and Venue Representatives APPENDIX IV Conferences 43. 3-6 December 2019 AICHR Regional Bangkok, •Nur Syamimi Dialogue on the Thailand Amran Mainstreaming of the Rights of Persons with Disabilities in the ASEAN Community, and a NHRI side event 44. 4-7 December Consultation on Draft Siem Reap, •Prof. Dato’ Principles for the Cambodia Noor Aziah Protection of the Rights of Mohd. Awal the Child in the Context of Surrogacy 45. 8-10 AICHR Consultation on Bali, •Hana Shazwin December Freedom of Opinion, Indonesia Azizan Expression and Information in ASEAN 46. 11-12 ASEAN Dialogue on Manila, •Prof. Dato’ December the United Nations Philippines Noor Aziah Convention on the Mohd. Awal Rights of the Child (CRC) General Comments 47. 17-18 International Conference Bangkok, •Prof. Dato’ December on “Migration and SDGs: Thailand Noor Aziah ASEAN and Beyond: A Mohd. Awal Pathway to the 2030 Agenda: Episode II” 294 SUHAKAM

APPENDIX V

MONTHLY MEETINGS – ATTENDANCE OF SUHAKAM COMMISSIONERS Serial No. No. of Date Commissioners Commissioners Meeting Present Absent

1. 1-2019 10/1 1. Tan Sri Razali Ismail – 2. Mr. Francis Johen Anak Adam 3. Datuk Godfrey Gregory Joitol 4. Prof. Dato’ Dr. Aishah Bidin 5. Datuk Lok Yim Pheng 6. Associate Prof. Dr. Nik Salida Suhaila Nik Saleh 7. Dato’ Mah Weng Kwai 8. Mr. Jerald Joseph 9. Dr. Cheah Swee Neo

2. 2-2019 20/2 1. Tan Sri Razali Ismail Prof. Dato’ Dr. 2. Mr. Jerald Joseph Aishah Bidin 3. Mr. Francis Johen Anak Adam 4. Datuk Godfrey Gregory Joitol 5. Datuk Lok Yim Pheng 6. Associate Prof. Dr. Nik Salida Suhaila Nik Saleh 7. Dato’ Mah Weng Kwai 8. Dr. Cheah Swee Neo – 3. 3-2019 20/3 1. Tan Sri Razali Ismail 2. Mr. Jerald Joseph 3. Mr. Francis Johen Anak Adam 4. Datuk Godfrey Gregory Joitol 5. Prof. Dato’ Dr. Aishah Bidin 6. Datuk Lok Yim Pheng 7. Associate Prof. Dr. Nik Salida Suhaila Nik Saleh 8. Dato’ Mah Weng Kwai 9. Dr. Cheah Swee Neo Tan Sri Razali 4. 4-2019 17/4 1. Mr. Jerald Joseph Ismail (Acting Chairman) 2. Mr. Francis Johen Anak Adam 3. Datuk Godfrey Gregory Joitol 4. Prof. Dato’ Dr. Aishah Bidin 5. Datuk Lok Yim Pheng 6. Associate Prof. Dr. Nik Salida Suhaila Nik Saleh 7. Dato’ Mah Weng Kwai 8. Dr. Cheah Swee Neo ANNUAL REPORT 2019 295

Serial

No. No. of Date Commissioners Commissioners APPENDIX V Meeting Present Absent

5. 5-2019 2/5 No Meeting –

6. 6-2019 6/6 No Meeting –

7. 7-2019 17/7 1. Tan Sri Othman Hashim – 2. Dato’ Seri Mohd Hishamudin Md Yunus 3. Associate Prof. Dr. Nik Salida Suhaila Nik Saleh 4. Dato’ Mah Weng Kwai 5. Datuk Lok Yim Pheng 6. Datuk Godfrey Gregory Joitol 7. Prof. Dato’ Noor Aziah Mohd Awal 8. Dr. Madeline Berma 9. Mr. Jerald Joseph 10. Dr. Cheah Swee Neo

8. 8-2019 14/8 1. Tan Sri Othman Hashim – 2. Dato’ Seri Mohd Hishamudin Md Yunus 3. Associate Prof. Dr. Nik Salida Suhaila Nik Saleh 4. Dato’ Mah Weng Kwai 5. Datuk Lok Yim Pheng 6. Datuk Godfrey Gregory Joitol 7. Prof. Dato’ Noor Aziah Mohd Awal 8. Dr. Madeline Berma 9. Mr. Jerald Joseph 10. Dr. Cheah Swee Neo

9. 9-2019 10/9 1. Tan Sri Othman Hashim – 2. Dato’ Seri Mohd Hishamudin Md Yunus 3. Associate Prof. Dr. Nik Salida Suhaila Nik Saleh 4. Dato’ Mah Weng Kwai 5. Datuk Lok Yim Pheng 6. Datuk Godfrey Gregory Joitol 7. Prof. Dato’ Noor Aziah Mohd Awal 8. Dr. Madeline Berma 9. Mr. Jerald Joseph 10. Dr. Cheah Swee Neo 296 SUHAKAM

Serial No. No. of Date Commissioners Commissioners Meeting Present Absent

10. 10-2019 8/10 1. Tan Sri Othman Hashim – 2. Dato’ Seri Mohd Hishamudin Md Yunus 3. Associate Prof. Dr. Nik Salida Suhaila Nik Saleh 4. Dato’ Mah Weng Kwai 5. Datuk Lok Yim Pheng 6. Datuk Godfrey Gregory Joitol 7. Prof. Dato’ Noor Aziah Mohd Awal 8. Dr. Madeline Berma 9. Mr. Jerald Joseph 10. Dr. Cheah Swee Neo

11. 11-2019 18/11 1. Tan Sri Othman Hashim Dr. Madeline 2. Dato’ Seri Mohd Hishamudin Md Berma Yunus 3. Associate Prof. Dr. Nik Salida Suhaila Nik Saleh 4. Dato’ Mah Weng Kwai 5. Datuk Lok Yim Pheng 6. Datuk Godfrey Gregory Joitol 7. Prof. Dato’ Noor Aziah Mohd Awal 8. Mr. Jerald Joseph 9. Dr. Cheah Swee Neo

12. 12-2019 11/12 1. Tan Sri Othman Hashim Prof. Dato’ 2. Dato’ Seri Mohd Hishamudin Md Noor Aziah Yunus Mohd Awal 3. Associate Prof. Dr. Nik Salida Suhaila Nik Saleh 4. Dato’ Mah Weng Kwai 5. Datuk Lok Yim Pheng 6. Datuk Godfrey Gregory Joitol 7. Dr. Madeline Berma 8. Mr. Jerald Joseph 9. Dr. Cheah Swee Neo 297 APPENDIX VI

APPENDIX VI Auditor-General’s Certificate on SUHAKAM’s Account 298 299 APPENDIX VI 300 301 APPENDIX VI 302 303 APPENDIX VI 304 305 APPENDIX VI 306 307 APPENDIX VI 308 309 APPENDIX VI 310 311 APPENDIX VI 312 313 APPENDIX VI 314 315 APPENDIX VI 316 317 APPENDIX VI

APPENDIX VII Photos of SUHAKAM Officers and Staff 320 321

APPENDIX VII , JESRINA KAUR GREWAL (DEPUTY SECRETARY, POLICY AND LAW WORKING GROUP), POLICY AND LAW (DEPUTY SECRETARY, , JESRINA KAUR GREWAL LEE PEI HSI (PRINCIPAL ASSISTANT SECRETARY, PROMOTION AND OUTREACH DIVISION), SECRETARY, ASSISTANT LEE PEI HSI (PRINCIPAL MANAGEMENT & HEAD OF DIVISIONS RAFIDAH YAHYA (DEPUTY SECRETARY, EDUCATION AND PROMOTION WORKING GROUP), EDUCATION (DEPUTY SECRETARY, RAFIDAH YAHYA ABDUL RAHMAN ABDULLAH (PRINCIPAL ASSISTANT SECRETARY, COMPLAINTS AND MONITORING DIVISION) SECRETARY, ASSISTANT ABDUL RAHMAN ABDULLAH (PRINCIPAL SIMON KARUNAGARAM (DEPUTY SECRETARY, COMPLAINTS AND MONITORING WORKING GROUP) SIMON KARUNAGARAM (DEPUTY SECRETARY, SITTING FROM LEFT: STANDING FROM LEFT: PAREMESWARI SUBRAMANIAM (PRINCIPAL ASSISTANT SECRETARY, ECONOMIC, SOSIAL AND CULTURE RIGHTS DIVISION), ECONOMIC, SOSIAL AND CULTURE SECRETARY, ASSISTANT SUBRAMANIAM (PRINCIPAL PAREMESWARI DR. CHEAH SWEE NEO (SECRETARY) EUROPEAN UNION PROJECT), SHAHIZAD SULAIMAN (PRINCIPAL ASSISTANT SECRETARY, EDUCATION AND TRAINING DIVISION) EDUCATION SECRETARY, ASSISTANT EUROPEAN UNION PROJECT), SHAHIZAD SULAIMAN (PRINCIPAL HANA SHAZWIN AZIZAN (PRINCIPAL ASSISTANT SECRETARY, INTERNATIONAL COORDINATION AND MEDIA RELATION DIVISION), AND MEDIA RELATION COORDINATION INTERNATIONAL SECRETARY, ASSISTANT HANA SHAZWIN AZIZAN (PRINCIPAL NOT IN THE PICTURE: SECRETARY, PUBLICATION AND DOCUMENTATION MANAGEMENT DIVISION), NICOLE KIMBERLY TAN (PRINCIPAL ASSISTANT SECRETARY, SECRETARY, ASSISTANT (PRINCIPAL TAN MANAGEMENT DIVISION), NICOLE KIMBERLY AND DOCUMENTATION PUBLICATION SECRETARY, MOHAMAD AZIZI AZMI (PRINCIPAL ASSISTANT SECRETARY, CORPORATE SERVICES DIVISION), SYAMSUL AZHAR ZAMANI (PRINCIPAL ASSISTANT ASSISTANT AZHAR ZAMANI (PRINCIPAL DIVISION), SYAMSUL SERVICES CORPORATE SECRETARY, ASSISTANT MOHAMAD AZIZI AZMI (PRINCIPAL 322

MUHAMMAD SYAFIQ IKHWAN GHAZALI, MOHD ARIFF SAIFULLAH ABD RAHMAN, IKHWAN MUHAMMAD SYAFIQ WAN NORHAFIZAH JUNID, RAFIDAH YAHYA, LEE PEI HSI, SITI ZAIHAN ZULKARNAIN NORHAFIZAH JUNID, RAFIDAH YAHYA, WAN SITTING FROM LEFT: STANDING FROM LEFT: EDUCATION AND PROMOTION WORKING GROUP (EPWG) MOHAMAD TAUFIQ NADZRI, SYAHRIZAL BAKAR, NYAK BAQI KAMARUDDIN, AHMAD AFIIFI RAMLI, SHAHIZAD SULAIMAN BAKAR, NYAK NADZRI, SYAHRIZAL MOHAMAD TAUFIQ 323

APPENDIX VII CHIA YEN SIN, MARIANI CHE HUSSIN ABEL ATRHI KUMAR VIJAYAKUMAR, HELMY FENDY MOHAMMAD IDRIS, NUR HARIZA ABDUL AZIZ, KUMAR VIJAYAKUMAR, ABEL ATRHI POLICY AND LAW WORKING GROUP (PLWG) SARAH ADIBAH HAMZAH, SITI RAHAYU MOHAMED NOOR, JESRINA KAUR GREWAL, PAREMESWARI SUBRAMANIAM PAREMESWARI MOHAMED NOOR, JESRINA KAUR GREWAL, SARAH ADIBAH HAMZAH, SITI RAHAYU STANDING FROM LEFT: SITTING FROM LEFT: 324

MOHD TAN’IM TAJUDDIN, ABDUL SAAT HAMID, MUHAMMAD FAIZ ABD. RAHMAN HAMID, MUHAMMAD FAIZ ABDUL SAAT TAJUDDIN, MOHD TAN’IM NUR ADLIN ABD GHAFFAR, YUSTINA ISHAK, AZIAN JULIANA D/O NG KEE CHOO, AIDA SURAYA HARON YUSTINA ISHAK, AZIAN JULIANA D/O NG KEE CHOO, AIDA SURAYA NUR ADLIN ABD GHAFFAR, AHMAD ZAIDI BAHARUDDIN, KEVIN JASON S/O JAMES, ABDUL RAHMAN ABDULLAH, SIMON KARUNAGARAM, COMPLAINTS AND MONITORING WORKING GROUP (CMG) SITTING FROM LEFT: STANDING FROM LEFT: 325 APPENDIX VII

SYAMSUL AZHAR ZAMANI, HANA SHAZWIN AZIZAN SYAMSUL FATIMAH ABD WAHAB, ELZA NADIAH SHAIK SULAIMAN, ABD WAHAB, FATIMAH SITTING FROM LEFT: STANDING FROM LEFT: COMMUNICATION WORKING GROUP (CWG) MAZNAH MUNJAINI, JOSEFINA ABDULLAH, NORASHIKIN HAMZAH, NOOR AZLINA ABDUL JALIL 326

SABAH OFFICE DAISY MASIRAM, NUR SHAHMIMIE YUSOF, AFLIN ZAIM DINO ABDULLAH, DAISY MASIRAM, NUR SHAHMIMIE YUSOF, STANDING FROM LEFT: DATUK GODFREY GREGORY JOITOL (COMMISSIONER), JASMIH SLAMAT, SOFYAN MOHD KASIM, LEVINA SIGISIMON, JONIMA LIGON SOFYAN JOITOL (COMMISSIONER), JASMIH SLAMAT, GODFREY GREGORY DATUK 327 APPENDIX VII VIVIEN ANAK MARCUS, LINYA ANAK SUBAH VIVIEN ANAK MARCUS, LINYA MOHAMAD MAIL, SOPHIAN OSMAN, ALFONSO MIN SARAWAK OFFICE SITTING FROM LEFT: STANDING FROM LEFT: 328

TIF CORPORATE SERVICES GROUP (CS) ROSLAN MOHD ALI, ZHARIF MOHAMED ZAABAH, MOHD NIZAM JAAFAR, SOLOMON S/O S. ANTHONY, SOLOMON S/O S. ANTHONY, ROSLAN MOHD ALI, ZHARIF MOHAMED ZAABAH, NIZAM JAAFAR, MOHD ZAMRIE MOHAMMAD AZIZ, NORISMADI ISMAIL, HAFRIZ ABDUL LA MYZATUL AKMANIZAM ABDUL KADIR, WAN NURUL AIN JUNID, NOR ATIKAH NORWI, SURESH KUMARI L. PARMANAND, NORWI, SURESH KUMARI L. PARMANAND, NURUL AIN JUNID, NOR ATIKAH AKMANIZAM ABDUL KADIR, WAN MYZATUL NURULHIDAYATI MASDIM, NURSUHAIDA NORWI, NURULHUDA RAHIM, NUR AFIEZA ABD MANAP, NUR MARIAH ABDULLAH MASDIM, NURSUHAIDA NORWI, NURULHUDA RAHIM, NUR AFIEZA ABD MANAP, NURULHIDAYATI STANDING FROM LEFT: AHMAD FIRDAUS ABD SHUKOR, MOHAMAD AZIZI AZMI, SYAZLI MD. NOR, MOHD SHAFIK MD SHARIF, MUHAMMAD ARIF TAJUDIN, MUHAMMAD ARIF TAJUDIN, MD. NOR, MOHD SHAFIK MD SHARIF, AHMAD FIRDAUS ABD SHUKOR, MOHAMAD AZIZI AZMI, SYAZLI SITTING FROM LEFT: 329

LIST OF ABBREVIATIONS

#ACT4CAT Coalition of human rights defenders that are committed to campaign for UNCAT AICHR ASEAN Intergovernmental Commission on Human Rights AGC Attorney General’s Chambers APF Asia Pacific Forum of National Human Rights Institutions APT Association of the Prevention of Torture ASEAN Association of Southeast Asian Nations ATD Alternatives to Detention for Children ATIPSOM Anti-Trafficking in Persons and Anti-Smuggling of Migrants ATM Accessing Banking Services BHEUU Legal Affairs Division of the Prime Minister’s Department BHR Business and Human Rights CC Children’s Commissioner CCRC Cure & Care Rehabilitation Centre CCTV Closed Circuit Television CEDAW Convention on the Elimination of all Forms of Discrimination against Women CENTHRA Centre for Human Rights Research & Advocacy CFNHRI Commonwealth Forum of National Human Rights Institutions CHRP Commission on Human Rights of the Philippines CMD Complaints and Monitoring Division CMU Custodial Medical Unit CoMIHL Centre for Military and International Humanitarian Law CPR Commenced Cardiopulmonary Resuscitation CRC Convention on the Rights of the Child CRPD Convention on the Rights of Persons with Disabilities CS Corporate Services Division CSO Civil Society Organisation CTI Convention Against Torture Initiative DASS Depression, Anxiety and Stress Scales DOE Department of Environment DOSM Department of Statistics Malaysia DPTN National Tahfiz Education Policy DUN State Legislative Assembly EA Employment Act 1955 EC Election Commission 330

EPF Employees Provident Fund ESCRD Economic, Social and Cultural Rights Division ETD Education and Training Division EU European Union FEEP Fire Emergency Evacuation Plan FELDA Federal Land Development Authority FISD Belgian Federal Institute for Sustainable Development GANHRI Global Alliance of National Human Rights Institutions HAKAM National Human Rights Society HRBP Human Rights Best Practices HTF Tuanku Fauziah Hospital ICC International Criminal Court ICCPR International Covenant on Civil and Political Rights ICD International Coordination Division ICERD Convention on the Elimination of All Forms of Racial Discrimination ICESCR International Covenant on Economic, Social and Cultural Rights ICPPED International Convention for the Protection of All Persons from Enforced Disappearances ICRC International Committee of the Red Cross Malaysia IGP Inspector General of Police IIUM International Islamic University Malaysia IIAM Institute of Internal Auditors Malaysia IKMAS Institute of Malaysian International Studies ILO International Labour Organization INTAN National Institute of Public Administration IO Investigation Officer IOM International Organization for Migration IPCMC Independent Police Complaints and Misconduct Commission IPG Institute of Teacher Education JAIS Selangor Islamic Religious Department JAIPK Perak Islamic Religious Department JAIPP Penang Islamic Religious Department JAKIM Department of Islamic Development Malaysia JAKOA/ JHEOA Department of Orang Asli Development JAKOAP Jaringan Kampung Orang Asli Pahang JAWI Federal Territories Islamic Religious Department 331

JHAMS Joining Hands Against Modern Slavery JHEAINS Sabah State Islamic Religious Affairs Department JPW Women Development Department JIPS Integrity and Standard Compliance Department JKM Department of Social Welfare JKSM Jabatan Kehakiman Syariah Malaysia JPA Public Service Department JPM Prime’s Minister Department KAS Konrad Adenaruer Stiftung KPWKM Ministry of Women, Family and Community Development Komnas HAM National Commission on Human Rights of Indonesia LGBT Lesbian, Gay, Bisexual and Transgender LITD Law and International Treaties Division LKIM Fisheries Development Authority of Malaysia MA Medical Assistance MACC Malaysian Anti-Corruption Commission MACSA Malaysia Alliance of Civil Society Organisation MAPO Council for Anti-Trafficking in Persons and Anti-Smuggling of Migrants MCCHR Malaysian Centre for Constitutionalism and Human Rights MoHR Ministry of Human Resources MIDP Malaysian Institute for Debate and Public Speaking MIDAS Malaysian Institute of Defence and Security MyIPO Intellectual Property Corporation MNHRC Myanmar National Human Rights Commission MOE Ministry of Education MOFA Ministry of Foreign Affairs MOH Ministry of Health MOHA Ministry of Home Affairs MRD Media Relations Division MRSM MARA Junior Science Colleges MSEI Multidimensional Self-Esteem Inventory MTE Malaysia Teacher’s Ethics MoU Memorandum of Understanding MVV Malaysian Vision Valley NADA National Anti-Drug Agency NAPBHR National Action Plan on Business and Human Rights NCPWD National Council of Persons with Disabilities 332

NCR Native Customary Rights NEP National Education Policy NGO Non-Governmental Organisation NHRCN National Human Rights Commission of Nepal NHRAP National Human Rights Action Plan NHRI National Human Rights Institutions NHLD National High-Level Dialogue NI National Inquiry into the Land Rights of Indigenous Peoples in Malaysia NMM National Monitoring Mechanism NPM National Preventive Mechanism NRD National Registration Department NSO-MAPO National Strategic Office - Anti-Trafficking in Persons and Anti-Smuggling of Migrants Council NTC National Tahfiz Council OCC Office of Children’s Commissioner OCPD Officers in Charge of Police at District OHCHR Office of the High Commissioner for Human Rights OIC Organisation of Islamic Cooperation OKT Person Under Arrest OP-CAT Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment OSF Open Society Foundation PANTAS Sabah Native Land Services PDD Publication and Documentation Management Division PDRM Royal Malaysia Police PERPADUAN National Unity and Integration Department PI Public Inquiry PITAS Selangor Tahfiz Institutions Association POCA Prevention of Crime Act 1959 POD Promotion and Outreach Division PT Principle Trainers PT3 Post Form 3 Assessment Test PWD Persons with Disabilities RCI Royal Commission of Inquiry RISDA Rubber Industry Smallholders Development Authority RTD Roundtable Discussion SAMB Syarikat Air Melaka Berhad SDG Sustainable Development Goals 333

SEANF Southeast Asia National Human Rights Institutions Forum SoIS UUM’s School of International Studies SKM Tahfiz Malaysian Skills Certificate SME Small and Medium-Sized Enterprise SOACA Sexual Offences Against Children Act 2017 SOSMA Security Offences (Special Measures) Act 2012 SOP Standard Operating Procedure SRS Sex Reassignment Surgery SUARAM Suara Rakyat Malaysia SUHAKAM Human Rights Commission of Malaysia TIOF The IO Foundation ToT Training of Trainers UDHR Universal Declaration of Human Rights UMS Universiti Malaysia Sabah UN United Nations UNCAT Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment UNCT United Nations Country Team UNDP United Nations Development Programme UNDRIP United Nations Declaration on the Rights of Indigenous Peoples UNGP United Nations Guiding Principles on Business and Human Rights UNHCR United Nations High Commissioner for Refugees UNICEF United Nations Children’s Fund UNIMAS University Malaysia Sarawak UNISEL University of Selangor UPEN State Economic Planning Unit UPR Universal Periodic Review UPSI Universiti Pendidikan Sultan Idris UPSR Primary School Assessment Test USIM Islamic Science University of Malaysia UTP Universiti Teknologi Petronas UiTM Universiti Teknologi MARA UUM University Utara Malaysia YBGK National Legal Aid Foundation YIGF Youth Internet Governance Forum WAO Women Aid’s Organsations 334 SUHAKAM’s Activities 2019 335 SUHAKAM’s Activities 2019

Human Rights Commission of Malaysia SUHAKAM Level 11, Menara TH Perdana, 1001, Jalan Sultan Ismail, 50250 Kuala Lumpur. URL: http://www.suhakam.org.my