KEY ISSUES
7. THE COMMISSION’S ROLE IN COURT
The Commission held watching briefs in two court cases, Low Swee Siong v Tan Siew Siew with regard
to child’s rights; and Noorfadilla binti Saikin v Chayed bin Basirun and 5 others involving women’s
rights. The Commission’s submissions to the court were based on the CRC and CEDAW respectively.
It looks forward to further involvement in court cases involving human rights. The Commission is also
moving toward promoting human rights to the judiciary, in the belief that judges have a key role in
upholding and protecting such rights.
8. DEATH PENALTY
The Commission’s efforts to strengthen its call for abolition of the death penalty included co-organising
a public seminar with a European Union delegation to Malaysia and the Bar Council, holding a
discussion with Members of Parliament and creating awareness through media interviews.
Pending a decision, the Commission recommends that the Government considers a moratorium on
the death sentence or commuting it to life imprisonment, especially for those who have been on
death row for more than five years. In addition, the Commission calls on the Government to consider
adopting the International Standard Minimum Rules for Treatment of Prisoners, to ensure the wellbeing of those on death row as well as all other prisoners.
9. FREEDOM OF RELIGION
On several occasions during the year, individuals who subscribe to the Shiah school of Islam claimed
that the authorities in the State of Selangor had harassed them at gatherings at which religious talks
were given. While the Commission notes the sensitivity surrounding the issue, it is of the view that
the right to religion is for all, regardless of differences in beliefs, and that everyone has freedom
to profess their faith. In an effort to mediate over the issue from a human rights perspective, the
Commission had initiated discussions with the Selangor Islamic Affairs Department, the Department
of Islamic Development and other religious authorities and figures. At the time of writing, the
discussions were still in progress.
10. BUSINESS AND HUMAN RIGHTS
Business operations and activities can have a negative impact on human rights. For example, when
corporations encroach into native customary land to carry out commercial activities, they may displace
indigenous communities, curb access to native sources of livelihood, or pollute water resources.
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