Key Issues calls on the Government to ensure that all persons are guaranteed the appropriate due process, by way of reviewing POTA. (b) Sedition Act 1948 The Sedition Act 1948 was earmarked for repeal as declared by the Prime Minister in 2012. However, two years after, he retracted this and, instead, announced that this piece of legislation would be ‘strengthened’ in order to preserve domestic harmony. Amendments to the Sedition Act were passed by Parliament in April 2015. The Commission notes that the amendments to the Sedition Act have introduced both positive and further negative aspects as detailed out in Chapter 1(II) of this Annual Report. In spite of these, the Commission unreservedly reiterates its existing stance that the Sedition Act should be repealed to give true meaning to the right to freedom of expression as guaranteed by Article 10 of the Federal Constitution. The Commission further urges the Government to accede to the International Covenant on Civil and Political Rights (ICCPR) which protects the right to freedom of expression, and to take heed of General Comment No 34 on Article 19 of the ICCPR that clearly specifies that while limitations to the right to freedom of expression may be imposed, such limitations must meet three conditions, namely, limitations must be clearly and precisely provided by law, have legitimate aim, and must be truly necessary. (c) Human Rights Commission of Malaysia Act 1999 Given the ongoing and emerging challenges towards human rights in Malaysia, the Commission opines that it is essential for its position to be strengthened, by way of amendments to the Human Rights Commission of Malaysia Act 1999 (Act 597), in order to provide effective check and balance to the work of, in particular, the Executive and Legislative branches of the Government. One of the proposed amendments was for Act 597 to provide and clearly specify the Commission’s mandate to be consulted by the Government on the formulation and amendment of laws. Unfortunately, this proposal was rejected by the Government together with the other proposed changes suggested by the Commission, including for it to be explicitly empowered to, among others, visit places of detention without prior notice, intervene in human rightsrelated court cases or at the very least appear as amicus curiae, and to effect mediation. In addition, the Commission sought to strengthen some of the existing provisions; in particular, by pushing for the Commission’s annual reports to be debated in Parliament, and for there to be adequate funds in order for the Commission to operate effectively. The Commission will continue to pursue these amendments, which it opines are necessary in order to accentuate the accountability of the Government towards achieving a truly transparent and democratic Malaysian society. 28 BOOK-ANR2016-01-latest.indb 28 08/04/2016 3:32 PM