Chairman’s Message
The Commission further enhanced the effectiveness of its complaints-handling mechanism
by introducing an e-complaint system in April to provide members of the public a more
accessible method to lodge their complaints on human rights violations.
The Commission continued to monitor the exercise of the citizens’ right to peaceful assembly
in the country. During the year, the Commission monitored six public assemblies including
the two-day BERSIH 4.0 protest held on 29–30 August in Kuala Lumpur, Kuching and Kota
Kinabalu. The Commission observed some positive changes following the introduction of the
Peaceful Assembly Act 2012 (PAA), particularly in the conduct of the authorities, especially
the police, which we welcome, as well as the organisers and members of public during the
assemblies. The Commission, nevertheless, reiterates the importance for all relevant parties
to ensure that protests and public assemblies are held in a peaceful manner as the right to
peaceful assembly should not be used as an excuse to perpetrate violence which will only
undermine the concept of peaceful assembly as defined under international human rights law.
The Commission remains concerned with the conditions of both detainees and personnel incharge in places of detention. It had conducted 35 periodic and inquiry visits to various places
of detention throughout the country including prisons, immigration detention centres, police
lock-ups, as well as rehabilitation and correctional centres. In October, the Commission and
the Enforcement Agencies Integrity Commission (EAIC) jointly conducted an unannounced
visit to the Machap Umboo Immigration Detention Centre in Malacca. This was the first
unannounced visit successfully conducted by the Commission following its meeting held
with the Minister of Home Affairs on 24 April 2014.
The Commission attaches great importance to its monitoring duties and opines that it should
be allowed to access places of detention without notice while carrying out its investigations or
to observe the living conditions in these places - which is a departure from the current practice,
but is quite common in other countries. This point was underscored by the Commission
to the Home Affairs Minister during its meeting with him, which he duly noted, and he
expressed his Ministry’s readiness to support the Commission’s monitoring work. In this
regard also the Commission had submitted to the Government ten proposed amendments
to its founding legislation that seeks to strengthen the Commission’s mandate and powers as
an independent National Human Rights Institution (NHRI). One key proposed amendment
was to accord the Commission the power to conduct unscheduled visits to detention sites
without first seeking authorisation in order for it to observe the actual situation in there.
Unfortunately, almost all of the proposed amendments were not found favourable by the
Government; nevertheless, the Commission will continue with these efforts so as to bring
itself on par with other NHRIs in the Asia-Pacific region and the world.
Despite the limitations in its founding Act, the Commission continued to discharge its
functions beyond the explicit provisions within its Act. One such initiative was to hold
watching briefs in civil court proceedings involving human rights issues. From 2010 to date,
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