refugees and asylum seekers in hosting communities; and improving mutual
understanding and peaceful coexistence in Malaysia.
In addition, vide the MoU, both the Commission and UNHCR will be able to
share resources and data so as to have more accurate information and
quicker response time, and to help in the formulation of better and workable
solutions to the problems faced by refugees, asylum-seekers, stateless
persons and people at risk of statelessness in Malaysia.
The Commission applauds the efforts of the Immigration Department of
Malaysia in screening and releasing immigrants, refugees and asylum-seekers
upon checking the authenticity of their UNHCR cards and in ensuring that
these groups of people are not put in immigration detention centres. In
addition, the government’s efforts in working with UNHCR to ensure that the
UNHCR cards have proper security measures in place to avoid falsification
is a step in the right direction in protecting the status of these vulnerable
groups of peoples. Nevertheless, the Commission would like to highlight that
the efforts by the government to ensure that these vulnerable groups are
afforded their basic rights to work, education, health and housing are still
inadequate.The Commission therefore, recommends that the government
take a more holistic approach to ensure that these vulnerable groups of
people are all afforded those basic rights.
7.
ANTI-DEATH PENALTY
In Malaysia, the death penalty is still implemented in the criminal justice
system. Laws such as the Dangerous Drugs Act 1952, Penal Code, Firearms
Act 1971, Kidnapping Act 1961, Water Services Industry Act 2006 and
Strategic Trade Act 2010 stipulate for the imposition of the death penalty
for various offences, either for mandatory or discretionary death penalty.
However, in 2012, there was a movement from the government to explore
the possibility of abolition for drug trafficking offences, and the Commission
greatly welcomed the announcement made by former de facto Law
Minister, YB Dato’ Seri Mohamed Nazri Abdul Aziz on the matter. Following
the announcement, the Commission noted that the government continues
to embark in undertaking comprehensive research on the issues of death
penalty in Malaysia and further proposing the amendment to the Drug
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