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. 19

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