Chapter 3 - Report of the Research and Policy Development Group
and parenthood; and Article 19 emphasises respect for the rights of PWD to live, participate and
be included in a community. Mr Andrew Khoo, a lawyer from the Bar Council, represented the
Commission. The case is in progress.
The Commission also held a watching brief in Chayed bin Basirun & 5 Ors v Noorfadilla binti
Ahmad Saikin at the Court of Appeal. This involved an appeal by the Government against the
decision of the Shah Alam High Court delivered in 2011. It had ruled that the Government’s
revocation of an offer of employment as temporary teacher to Noorfadilla Ahmad Saikin due to
her pregnancy was unconstitutional and a breach of Malaysia’s commitments and obligations as
a State Party to the CEDAW. The Commission was represented by its Vice-Chairman Datuk Dr
Khaw Lake Tee and Mr Andrew Khoo, a lawyer from the Bar Council. On 27 June, the Government
withdrew its appeal, a move that was complimented by many, including the Commission.
(d) Review of Laws
Ministers and senior officials have previously stated that the Commission and civil society groups
would be consulted in the Government’s law review and policy planning processes. In reality,
and particularly during the year under review, the Commission was not consulted in any of
these processes. It therefore reiterates that Article 2 of the Paris Principles requires a National
Human Rights Institution (NHRI) to be given appropriate mandate to provide opinions and
recommendations to the Government, Parliament or other responsible organs on legislative or
administrative matters. This is aimed at encouraging the harmonisation of national legislation
and practices with international human rights instruments, as well as ensuring effective
implementation.
The Commission studied five of the Amendment Bills introduced during the year.
(i)
Prevention of Crime (Amendment and Extension) Act 2013
While reiterating its support for the Government’s efforts to tackle serious crime, the
Commission has reservations about amendments to the Prevention of Crime Act 1959, as
reflected in the Prevention of Crime (Amendment and Extension) Act 2013. The Commission
is of the view that some provisions, in particular those relating to detention without trial
and legal representation, are inconsistent with fundamental human rights principles as
enshrined in the Federal Constitution and the Universal Declaration of Human Rights
(UDHR).
An amendment to section 9(1) makes it a requirement for inquiry reports to be submitted
to the Prevention of Crime Board (Board) instead of the Minister. However, the Commission
takes a serious view of the new sections 9(5) and 9A(2) which deprive the right of a person
to legal representation as guaranteed by Article 5(3) of the Federal Constitution and Article
7 of the UDHR.
Section 7C empowers the Board to issue a detention order against a person who has
committed two or more serious offences, whether or not he/she has been convicted, and
merely on the sufficiency of evidence. The Commission is of the opinion that this violates
a person’s right to a fair trial and protection against repeated trials, as well as the rights
to equality before the law and to be considered innocent until proven guilty, as stipulated
under Articles 7(2) and 8(1) of the Federal Constitution.
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