Key Issues
the Commission recognises the important need for witness protection, it is also concerned that
the right of an accused person to a fair trial may be prejudiced when faced with such secrecy.
The accused or his/her counsel would also be denied routine judicial access to the witness. As
the two Bills have been withdrawn from Parliament in order for the proposed amendments to
be refined, the Commission hopes to be included in the review process.
2. HUMAN RIGHTS COMMISSION OF MALAYSIA ACT 1999
There is a need to strengthen the Commission’s functions and powers as a National Human
Rights Institution (NHRI). On 2 December, it submitted nine proposals to amend its founding Act
to YB Hajah Nancy Shukri, Minister in the Prime Minister’s Department. The Commission hopes
for due consideration of its recommendations seeking to:
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Strengthen the selection process of Commissioners;
Appoint full-time and/or part-time Commissioners;
Increase the period of the Commissioners’ term;
Enable the Commission to conduct unannounced visits to places of detention;
Enable the Commission to undertake
mediations;
The Commission refers
Formalise a consultation process by the
Government with the Commission in the
to the Government’s
formulation or amendment of laws;
commitment, made
Ensure that adequate funds are allocated to
during the first cycle of the
the Commission annually via Parliament;
Enable the Commission to have an amicus
Universal Periodic review
curiae role in selected court cases that
in 2009, that it would take
involve alleged human rights violations; and
steps to accede to four
Ensure that the Commission’s Annual
Report is debated in Parliament.
treaties – the ICESCR,
3. INTERNATIONAL TREATIES
As the Government has yet to accede to the remaining
six core international human rights treaties, the
Commission held a series of discussions on the
feasibility of Malaysia’s accession to three of these
– the International Covenant on Civil and Political
Rights (ICCPR); International Covenant on Economic,
Social and Cultural Rights (ICESCR); and International
Convention on the Elimination of All Forms of Racial
Discrimination (ICERD).
The Commission refers to the Government’s
commitment, made during the first cycle of the
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ICCPR, ICERD and
the Convention against
Torture and Other Cruel,
Inhuman and Degrading
Treatment or Punishment.
The Commission urges
the Government to
expedite its efforts
through the Inter-agency
Standing Committee on
Human Rights that it has
established to study related
issues.