HUMAN RIGHTS COMMISSION OF MALAYSIA ANNUAL REPORT 2019 ANNUAL ANNUAL R EPO R T 2019 COMMISSION OF HUMAN RIG H TS HUMAN RIGHTS COMMISSION OF MALAYSIA M SUHAKAM ALAYSIA Level 11, Menara TH Perdana, 1001, Jalan Sultan Ismail, 50250 Kuala Lumpur. URL: http://www.suhakam.org.my HUMAN RIGHTS COMMISSION OF MALAYSIA ANNUAL REPORT 2019 FIRST PRINTING, 2020 Copyright Human Rights Commission of Malaysia (SUHAKAM) The copyright of this report belongs to the Commission. All or any part of this report may be reproduced provided acknowledgment of source is made or with the Commission’s permission. The Commission assumes no responsibility, warranty and liability, expressed or implied by the reproduction of this publication done without the Commission’s permission. Notification of such use is required. All rights reserved. Published in Malaysia by HUMAN RIGHTS COMMISSION OF MALAYSIA (SUHAKAM) 11th Floor, Menara TH Perdana 1001 Jalan Sultan Ismail 50250 Kuala Lumpur E-mail: [email protected] URL : http://www.suhakam.org.my Printed in Malaysia by Mihas Grafik Sdn Bhd No. 9, Jalan SR 4/19 Taman Serdang Raya 43300 Seri Kembangan Selangor Darul Ehsan 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 SABAH OFFICE 105 CHAPTER 3 SARAWAK 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 Malaysians 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 Liew Vui Keong 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 Raymond Koh and Amri Che Mat. 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.