6. RESEARCH AND ANALYSIS ON THE COMPATIBILITY OF MALAYSIAN LAW (CIVIL
AND SYARIAH) WITH SIX INTERNATIONAL TREATIES AND ONE DECLARATION
In 2018, SUHAKAM received a grant from the European Union to undertake
a project entitled ‘Promoting the Accession of Remaining International
Human Rights Treaties in Malaysia’. Its overall objective was to promote
and advocate for the accession of remaining international human rights
treaties in Malaysia.
SUHAKAM deemed it necessary to undertake a thorough research and
analysis of their provisions with domestic laws. The aim is to create and
make available an evidence-based body of work that SUHAKAM may
use as a basis to increase its efforts in promoting future accession to these
treaties. SUHAKAM also found it appropriate to study and analyse the
United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
to incorporate the spirit of its provisions into Malaysian laws and policies,
where relevant. SUHAKAM intends to utilise these research reports to
promote broader societal and governmental awareness. These research
reports can promote understanding and acceptance of the need and
importance of their accession and incorporation into domestic laws and
policies.
Seven Research Consultants were engaged in October 2019, comprising
legal experts and academics, to conduct research and analysis on
compatibility with Malaysian civil and Syariah law as well as draft a legal
roadmap for Malaysia’s accession to:
i)
ii)
iii)
iv)
v)
vi)
United Nations Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (UNCAT)
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social and Cultural Rights
(ICESCR);
International Convention on the Elimination of All Forms of Racial
Discrimination (ICERD);
International Convention for the Protection of All Persons from Enforced
Disappearance (ICPPED); and
International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families (ICMW).
In 2020, the research consultants, in accordance with their respective Terms
of References (TORs) undertook both primary and secondary research
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ANNUAL REPORT 2020