Key Issues The Commission recommends a review of the Act by incorporating these human rights principles, that: • Detention must not be made arbitrarily; • Detention must be based on grounds and procedures established by law; • Information must be given on the grounds of detention; and • The right to a fair trial and access to legal representation must be protected and upheld. (b) Penal Code (Amendment) Act 2013 The Commission welcomes the amendments to the Penal Code, notably sections 326A, 352A, 375B, 376(2), 376B, 377CA and 377E, which seek to extend the protection of women and children. This is a positive step in implementing the Government’s obligations under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC). The Commission is, however, concerned that marital rape remains an exception to rape as defined under section 375 of the Penal Code. It reiterates its call to the Government to take into account Article 16(1)(c) of the CEDAW and Concluding Comment No. 22 by the CEDAW Committee, as well as Article 2 of the UN Declaration on the Elimination of Violence Against Women, and thereby criminalise marital rape. The Commission is also concerned over section 203A which creates an offence in relation to disclosure or leakage of information which could affect national security. The Commission deems this a further restriction of the right to information and, therefore, calls upon the authorities to ensure a fair balance between national security and individual rights. (c) Security Offences (Special Measures) (Amendment) Act 2013 The Amendment Act included two new offences as security offences under the Security Offences (Special Measures) Act 2012 (SOSMA) – those related to organised crime under Chapter VIB of the Penal Code; and those concerning smuggling of migrants under Part IIIA of the AntiTrafficking in Persons and Anti-Smuggling of Migrants Act 2007. Given that the SOSMA is intended to deal with terrorist activities, the Commission is of the view that it would have been more appropriate for the accused in cases of organised crimes and smuggling of migrants to be investigated, charged and sentenced under the relevant laws. (d) Criminal Procedure Code (Amendment) Bill 2013 and Evidence (Amendment) Bill 2013 Provisions were introduced in the respective parent Acts to accord greater protection for witnesses by allowing them to testify in a manner such that their identity is not disclosed. While 9