CHAIRMAN’S REVIEW
Conference on Deradicalization and Countering Violent Extremism in January
this year, the Government emphasised again that threats of terrorist attacks
were very real and was the reason that the Government passed among others,
the SOSMA, Special Measures Against Terrorism in Foreign Countries Act 2015,
the Prevention of Terrorism Act 2015 (POTA) and the National Security Council
Act 2016; to ensure that the police have the necessary powers at their disposal.
But, striking a balance between national security and human rights is crucial
for both the success of Malaysia’s counter-terrorism strategies and to maintain
the democratic epitomes of our nation. Malaysia must ensure that measures
taken to combat terrorism comply with its obligations under international law, in
particular international human rights and humanitarian law.
SUHAKAM does not suggest that we should abnegate from passing counterterrorism laws out of fear of possibly violating human rights. But counter-terrorism
legislation should have safeguards against abuse or illegality. It is essential
that when extraordinary powers are introduced by the Government, with the
potential to infringe basic human rights, these powers are subject to speedy,
actual and a thorough review by an independent judiciary.
As a fully accredited “A status” national human rights institution, SUHAKAM
continued to engage with Parliament at various levels this year. The Belgrade
Principles on the Relationship between National Human Rights Institutions (NHRI)
and Parliaments (Belgrade Principles) underscores that NHRIs should report
directly to Parliament. In particular, NHRIs should submit to Parliament an annual
report on activities, along with a summary of its accounts, and also report on
the human rights situation in the country and on any other issue that is related
to human rights. In turn, Parliaments should receive, review and respond to NHRI
reports and ensure that they debate the priorities of the NHRI and should seek
opportunities to debate the most significant reports of the NHRI promptly.
The correlation between strong democratic governance and the respect for
universal human rights is unmistakeable. Recent years have seen a growing
international consensus around the importance of the role of Parliament
in the promotion, protection and realisation of human rights. As one of the
primary institutions of the State, Parliament has a joint responsibility to protect
and fulfil human rights and to implement the country’s obligations, alongside
the Executive and Judicial branches of Government. To this end, SUHAKAM
begun working with Parliament to maximise the human rights protection of all
persons within our country. Late in the year, SUHAKAM submitted its detailed
observations on the peaceful assembly of November 19, 2016 to the Speaker
of Parliament. In accordance with the Belgrade Principles, Parliaments should
hold open discussions on the recommendations issued by NHRIs and should seek
information from relevant public authorities on the extent to which the relevant
public authorities have considered and responded to NHRIs recommendations.
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