Chapter 3 - Report of the Research and Policy Development Group
8. RATIFICATION OF/ACCESSION TO INTERNATIONAL TREATIES
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Convention against Torture and Other Cruel, Inhuman and Degrading Treatment
or Punishment (CAT)
The Commission’s report on Roundtable Discussions on the CAT in 2011 and related
recommendations, at the time of writing, was being sent to the relevant Ministries and agencies
to generate more support for Malaysia’s accession to the treaty. The Commission is of the view
that Malaysia should already be taking active measures to accede to the CAT, following its
pledge at the Universal Periodic Review in 2009. Laws, policies and practices that do not comply
with the treaty must not be seen as hindrances in terms of accession; rather, the CAT should
be used as a basis for gradual improvement. The same approach should be used for all other
human rights treaties.
In addition, the Government must immediately remove its reservations to Article 28(1)(A) of the
CRC and Article 15 of the CRPD, both of which prohibit torture. The reservations may reflect
Malaysia’s continuous omission to prevent torture.
The Commission is also concerned that corporal punishment in schools is not prohibited and
that no concrete action is being taken to eradicate it. Based on the Commission’s observations,17
it was discovered that the overwhelming majority of primary and secondary students are in favour
of corporal punishment, claiming this to be an effective form of discipline. The Commission
fears that this indicates that corporal punishment has already become the accepted norm in
school. The Government must institute proactive measures towards alternative measures in
disciplining children, without causing them physical and mental harm.
17
This observation was made during the Commission’s visits to 10 selected schools; see Section 2 of this chapter.
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