to international human rights standards. Reintegration of prisoners into society and
the employment market is not an easy task. Stigmatisation of society that they are the
threat to society persists.
Further, the lack of justice in sentencing maybe due to the lack of sentencing
guidelines to give judges an extension of options for sentences. We cannot tell them
what to do in their decision. There are also gaps in the system and why people are
thrown into the Prison Department. Unannounced visit without the power to check
means that it is very difficult to know what really happens in the prison. UNODC
presented about the Mandela Rules – a set of minimum international standards and
norms for the administration of prisoners and prison facilities.
In the human rights framework, the right of prisoners in the ESCR apply to all prisoners.
It is the State responsibility and duty as custodians to take care of this matter. We
realise that the Mandela Rules are to compliment the UDHR because there is no
specific mention about the rights of prisoners in the UDHR. Our prison acts cover the
rights of prisoners. A holistic approach in the management of prisoners followed by
human rights is needed. We must nurture a human rights culture in the prison
department and common standard and understanding in government agencies. We
are moving from retributive justice to restorative justice. The prison department uses
a rehabilitative system. This is a modern framework in restoring prisoners into society.
It needs supports from the judiciary and policy makers. For Malaysia, in the budget
planning reference in the 12th Malaysia Plan mentions prisons. We need to help society
be comfortable with giving people a second chance and the believe that people can
change. Human rights budgeting is something to look at. In addition, for justice and a
better judicial system, SUHAKAM must have the mandate to monitor what is behind
the seen in detention centers.
Parliamentarian as actors and senator in jail in Philippines actively advocating for the
rights of prisoners. MPs should not shy away from their responsibility. MPs in Malaysia
keep quiet on this issue because it is not popular in the public sphere. The Royal
Commission on Police Reform said that changes need a multidisciplinary approach.
We need to work closely with the prison department to get data and to see the cause
of change. The role of CSOs is important as they do lots of projects, policy research
and human rights trainings and litigation and can participate in post-release activities.
SUHAKAM thanks its main co-partners SEANF, British High Commission KL and the
Prison Department for being a great partner in organising this regional conference.
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