CHAPTER 3 - REPORT OF THE LAW REFORM AND INTERNATIONAL TREATIES WORKING GROUP (d) Forced Repatriation of the Uighur The Commission is deeply concerned about media reports that the Government had deported 11 Uighur to China on the ground of their alleged involvement in human trafficking. The Commission is concerned that these individuals will face persecution on account of their ethnicity and religion. The Commission urges the Government to respect the principle of non refoulement and provide individuals with protection on humanitarian grounds whenever there is a likelihood of persecution and whenever there is a claim for refugee status, even though the Government does not recognise the status of refugees. The Commission is also of the view that, if the 11 Uighur were suspected of human trafficking crimes as alleged, they should have been charged under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 instead of being forcibly returned to China. 2. THE COMMISSION’S ROLE IN COURT (a) Involvement in Court Cases Following consultations in 2010 with the judiciary and the Bar Council, the Commission held a follow-up consultation with the Bar Council on the possibility of the Commission playing a role in court proceedings involving human rights issues. The Bar Council was supportive of the proposal and agreed to assist the Commission by providing the services of its members on probono basis. Since then, the Commission has held a watching brief in two cases: Low Swee Siong v Tan Siew Siew and Noorfadilla binti Saikin v Chayed bin Basirun and 5 others. The first case involved child’s rights while the second concerned women’s rights. The Convention on the Rights of the Child and the Convention on the Elimination of all Forms of Disrcimination Against Women resepectively formed the basis of the Commission’s submissions to the court. The Commission was represented by a Commissioner and a lawyer from the Bar Council in both cases. Subsequent to these cases, there were applications from other litigants requesting the Commission to hold a watching brief in their cases. These included The Commission Asahi Kosei Sdn Bhd v Charles Hector Fernandez, a defamation suit, firmly believes which was later settled out of court through a consent judgement; a that the judiciary case involving the right to cross dress; and another on the freedom can play a key role of religion. The Commission looks forward to further involvement in human rights cases, as its role in court provides the opportunity for the promotion of human rights principles as provided in the Federal Constitution and international human rights treaties. The Commission firmly believes that the judiciary can play a key role in upholding and protecting human rights; therefore, it is hoped that human rights principles will be given due regard and recognition by judges. 56 in upholding and protecting human rights; therefore, it is hoped that human rights principles will be given due regard and recognition by judges.