18 Our Strategic Context Human rights continue to be an issue of great interest in Malaysia. The debates illustrate the discourse on human rights in the country has become more prominent in comparison to, when SUHAKAM was first established. This signifies the heightened awareness amongst the public about human rights. Parallel to the increased knowledge, the Government has taken some steps to reflect human rights elements in the new laws, policies and development plans for the country. For instance, the Peaceful Assembly Act 2012 was introduced to allow peaceful demonstrations in the country. Laws and policies are reviewed gradually to reflect international human rights commitments such as the domestication of CEDAW, CRC and CRPD. Malaysia introduced its maiden National Human Rights Action Plan (NHRAP) in 2018. More enforcement agencies as well as universities have approached SUHAKAM to provide human rights talks and to work with them to introduce human rights courses. The Education Ministry cooperated closely with SUHAKAM, which culminated in the introduction of human rights exercise modules for schools. As a next step, SUHAKAM continues to work with the Education Ministry to introduce human rights courses in teachers’ training institutes. Alongside the above, we are also seeing more complex human rights issues being brought to light; for instance, the issues of enforced disappearance, racism and xenophobia are increasingly discussed demanding government and SUHAKAM’s response. Consequently, SUHAKAM as the sole national human rights institution, must be able to address the proliferating issues, efficiently and effectively, to ensure that it continues to be considered a leader and main interlocutor in championing for human rights in the country. As such, the first priority area in SUHAKAM’s current Strategic Plan will focus on the strengthening of SUHAKAM’s role and leadership as Malaysia’s independent National Human Rights Institution for the protection and promotion of human rights in Malaysia. Towards this end, SUHAKAM’s strategies will include enhancing the Commission’s capacity to ensure effective implementation of its role as NHRI, strategically engage with all relevant stakeholders and partners, and continue to monitor both general and specific human rights situations in Malaysia. 19 Whilst the first and fifth priority areas focuses on SUHAKAM’s core statutory functions and its internal capacity and capabilities respectively, the other three strategic objectives are dedicated to (i) advancing economic, social and cultural rights (ESCR) of vulnerable groups in Malaysia; (ii) combating racism, racial discrimination and xenophobia and (iii) enhancing the realisation of children's rights The human rights principle of equality underscores the equal worth of each human being and that no one should have less life opportunities because of their descent, race, religion, gender, skin colour, financial status, and other backgrounds. This principle is the cornerstone of international human rights law and is also guaranteed by the Federal Constitution of Malaysia. Despite these guarantees, within society there are individuals and groups who are unable to enjoy the full range of human rights. This state of vulnerability is typically caused by discrimination, whether direct, indirect or structural.1 In addition, there is increasing awareness that poverty is a key source of vulnerability and violation of human rights.2 Consequently, one of the hallmarks of the human rights approach is the protection of the rights of vulnerable communities so as to ensure they are able to enjoy, at the very least, the minimum standards of a dignified life set forth by the Universal Declaration of Human Rights (UDHR). As such, SUHAKAM’s 5-Year Strategic Plan (20212025) will focus its second strategic objective to address vulnerable groups, in particular, their economic, social and cultural rights. The decision to address ESCR in this particular Strategic Plan period is timely as Malaysia begins its journey to economic and social recovery following the COVID-19 pandemic. Like the rest of the world, Malaysia’s economy was badly impacted by the COVID-19 pandemic in 2020. In the midst of the health crisis, many people lost their jobs and livelihood as the nation’s economy was forced to pause, whilst the necessary MCO was imposed to decelerate the spread of the virus. Even with the heavy financial assistance provided by the government in the form of economic stimulus packages including the Bantuan Prihatin Nasional and PENJANA to help industries stay afloat and for them to retain their workers, by mid-year, numerous businesses such as those in the tourism, retail and restaurant industries had to close down permanently due to lack of cash flow to remain operational. Consequently, vulnerable populations in Malaysia will be impacted more severely, especially those who have been pushed into the bottom 40% (B40) income group, or worse, below the poverty level in Malaysia. As illustrated during the MCO, the government has a responsibility to ensure that proper assistance and facilities are delivered to those affected. In this context, SUHAKAM will seek to ensure that the human rights perspective, in particular, ESCR are given due consideration in line with international laws and fitting with human rights commitments made by Malaysia at the international level. In particular, we will seek to ensure that those deserving are provided with basic needs for their survival and wellbeing on the basis of equality and non-discrimination, while at the same time, they are enabled and provided fair opportunities to uplift themselves from socio-economic vulnerabilities. We will focus on raising awareness for the public and building capacity for relevant agencies on ESCR as basic rights. We will utilise our research and investigation skills to ascertain the lived realities of vulnerable groups, in particular, shedding light onto ESCR deprivations. In addition, to advocating for Malaysia’s accession to the International Covenant on Economic, Social and Cultural Rights (ICESCR), we will also work closely with the government and provide advice in the formulation and review of relevant laws and policies guided by the ICESCR and fitting with Malaysia’s commitments to the Sustainable Development Goals (SDG), as well as accepted ESCR-related recommendations in the Universal Periodic Review (UPR). 1 Chapman, Audrey & Carbonetti, Benjamin. (2011). “Human Rights Protections for Vulnerable and Disadvantaged Groups: The Contributions of the UN Committee on Economic, Social and Cultural Rights. Human Rights Quarterly”. 33. 682-732. 10.1353/hrq.2011.0033; Mirjana Najcevska, “Structural Discrimination -Definitions, Approaches and Trends” (OHCHR) <https://www.ohchr.org/Documents/Issues/Racism/IWG/Session8/MirjanaNajcevska.doc.> 2 OHCHR, “Human Rights Dimension on Poverty”, <https://www.ohchr.org/EN/Issues/Poverty/DimensionOfPoverty/Pages/Index.aspx#:~:text=Poverty%20erodes%20or%20 nullifies%20economic,and%20the%20right%20to%20education.&text=It%20gives%20due%20attention%20to,human%20dignity%20that%20accompany%20poverty.>; Chapman, Audrey & Carbonetti, Benjamin. (2011). “Human Rights Protections for Vulnerable and Disadvantaged Groups: The Contributions of the UN Committee on Economic, Social and Cultural Rights. Human Rights Quarterly”. 33. 682-732. 10.1353/hrq.2011.0033; Ontario Human Rights Commission, “Strategic Plan. Putting People and their Rights at the Centre. Building Human Rights Accountability 2017-2022” <http://www.ohrc.on.ca/sites/default/files/Strategic%20Plan_2017-2022_accessible_EN.pdf> Photo by ZAWAWI BIN GENDOT SUHAKAM’s third priority area is to address racism, racial discrimination and xenophobia that has contributed to the state of vulnerability and impair the achievement of the Federal Constitution of Malaysia’s guarantee of equality. Racism in Malaysia, while not apparently seen on the surface, remains persistent and very strong, which in turn, had been shaped and allowed by a long-standing socio-political system that results in entrenched inequality. SUHAKAM’s third Strategic Objective will see concerted efforts by SUHAKAM to combat racism, racial discrimination and xenophobia. While efforts to discuss and address the issue appear to be continuously suppressed, over the past few years, we are seeing spikes of incidents motivated or aggravated by racial and xenophobic sentiments. In August 2019, the then Home Minister Tan Sri Muhyiddin Yassin, who is currently the Prime Minister of Malaysia, had expressed concerns over rising sentiments regarding race among others in the country. Based on police data, the number of incidents involving these issues had doubled since January the same year.3 3 Nurul Azwa Aris, “Don’t trigger issues on race, religion, royalty, Muhyiddin warns” (FMT News, 24 August 2019) <https://www.freemalaysiatoday.com/category/ nation/2019/08/24/dont-trigger-issues-on-race-religion-royalty-muhyiddinwarns/>