objectives of the RTD were to bridge differences between stakeholders
and to discuss further on the non-discrimination agendas and policies
of the local Government. The workshop for local Government officials
was specifically tailored to create awareness on human rights and antidiscrimination standards as contained in ICERD.
2.
CHAPTER 1
Sarawak is seen to be a good example as people of various ethnic groups are
co-existing and living there harmoniously. The Commission observed that a
unique feature, which has contributed to the healthy relationship between
the peoples of Sarawak, is the acceptance and respect of its people of
towards the beliefs and rights of others and not merely a tolerance of the
existence of other ethnic groups. This key feature has enabled the people
of Sarawak to embrace the concept of non-discrimination and enabled 27
main ethnic groups to live and exist peacefully with one another.18
THE COMMISSION’S ROLE IN COURT
(a) Civil Courts
In an ideal legal system, recognition of international human rights principles
is important to uphold the fundamental rights as enshrined in the Federal
Constitution. The Commission firmly believes that the judicial system is a
vital organ of the State to protect and provide checks and balances with
regard to those rights. In furtherance to that, the Commission as mandated
by its founding Act19 and with the support of the Judiciary has taken the
initiative to hold watching briefs in court proceedings involving human
rights issues. The Commission would submit the relevant principles and
standards as enshrined under international treaties and would highlight the
State’s obligation under international human right treaties and documents
for the Court’s reference. For the year 2016, the Commission held watching
briefs in the Court for Children, Coroner’s Court, Magistrate’s Court, and
High Court in the following cases:
i)
Pendakwa Raya v Lena Hendry: on freedom of expression;
ii)
Pendakwa Raya v Azmi Sharom: on freedom of expression and
opinion;
iii)
Shashikumar A/L Selvam: on custodial death;
iv)
Rosliza binti Ibrahim v State Government of Selangor: on freedom of
religion;
v)
Yayasan Chow Kit v Pejabat Kebajikan Masyarakat Daerah Hulu
Langat: on the application for legal custody of stateless children; and
18 Portal 1 Klik, “Portal Negeri Sarawak”, <http://pmr.penerangan.gov.my/index.php/maklumat-kenegaraan/9043-profil-negeri-sarawak.
html>
19 Section 4(2) of the SUHAKAM Act provides that, the Commission may, inter alia, undertake appropriate activities as are necessary for the purpose discharging
its functions.
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