ANNUAL REPORT 2019 • 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 rightsbased 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 CHAPTER 1 • Share best practices on how to apply international human rights principles and standards in the context of the Malaysian legal system; and Create a strong network between SUHAKAM, the UN in Malaysia and the Malaysian Judiciary for continued collaboration in the area of human rights. 33