Chairman’s Message
and advisory functions so as to ensure these vulnerable groups are not left on the periphery of
society. Indeed, as regards the rights of Indigenous Peoples, the Commission is in the process of
completing its National Inquiry report for release in 2013, in which it will make a set of proposals
and recommendations to resolve the issue of their land rights.
An issue that has attracted negative publicity for the country relates to the trafficking of persons.
The Commission recognises the complexity of the twin problems of illegal migrant labour and
human trafficking which involve a wide range of stakeholders and actors. It appreciates the
Government’s efforts to address the problem through legislative measures, and the development
of a national strategic plan and protection for trafficked victims. It hopes that additional efforts
will be made to deal more effectively with the pernicious crime of human trafficking and
exploitation, and to ensure that the human rights of the unfortunate victims are not violated.
Another issue on which the Commission is hopeful of some progress relates to the right to life
and the quest to remove the death penalty in Malaysia. This is a difficult and complex issue on
account of the apparent public support for, or acceptance of, capital punishment arising from an
increase in publicity about violent crimes. The Commission is encouraged by the Government’s
intention to seriously look into the matter, beginning with a review of the mandatory death
sentence for drug trafficking. It is hoped that a review, followed by abolition of this penalty for
drug trafficking, will give the court the discretionary power to mete out the appropriate form of
punishment and lead to the eventuality of Malaysia joining the majority of UN Member-States
that have abolished the death penalty.
The nexus between business and human rights is coming into sharper focus today, as business
practices can have a negative impact on the rights of both employees and consumers. The
Commission is beginning to engage with the corporate sector, with a view to sensitising them to
related issues and to their role as concerned employers within the framework of conventional
Corporate Social Responsibility (CSR) and beyond. This is going to be a particularly important
area for Malaysia as it becomes a full-fledged developed country in which the business sector
will assume a more dominant role. It is hoped that CSR will grow from a programme based on
charity to one based on rights.
International Commitments
It is regrettable that after so many years Malaysia still has not acceded to the six remaining core
human rights instruments. It has only ratified the Convention on the Elimination of All Forms
of Discrimination Against Women, Convention on the Rights of the Child and Convention on
the Rights of Persons with Disabilities – although a few reservations remain. This has placed
Malaysia in the group of countries with the lowest tally, in that they have only ratified or acceded
to a maximum of three core international instruments. The Government initially had good and
valid reasons for its inability to complete the accession process, saying that more time was
needed for changes to national laws, rules and regulations or to promulgate new ones. However,
the process has taken so long – in some cases, over four decades – that the Government has
lost the plausibility of its reasons. It is imperative for the Government to accelerate the process
of accession in tandem with moves toward developed status for the nation. Otherwise, as and
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