CHAPTER 3 - REPORT OF THE LAW REFORM AND INTERNATIONAL TREATIES WORKING GROUP
(vii) More rehabilitation centres; if the Government cannot set these up, it should turn over the
mandate to NGOs or private organisations and provide them with sufficient funds for the task
In extending its monitoring function to observe the implementation of the CRPD, the Commission
fully supports the role provided for it in Article 33(2) of the Convention which states that:
States Parties shall, in accordance with their legal and administrative systems, maintain,
strengthen, designate or establish within the State Party, a framework, including one or more
independent mechanisms, as appropriate, to promote, protect and monitor implementation of
the present Convention. When designating or establishing such a mechanism, States Parties
shall take into account the principles relating to the status and functioning of national
institutions for protection and promotion of human rights.
In line with this, the Commission on 23 December approached the MWFCD, seeking to be appointed
as the National Monitoring Mechanism to observe the obligations and implementation of the CRPD.
The Commission hopes that it will be given the opportunity to handle this task in protecting and
upholding the rights of PWD.
4. THE RIGHTS OF REFUGEES
In December, the Commission met with the United Nations High Commissioner for Refugees (UNHCR)
to find ways to push for Malaysia’s accession to the Convention Relating to the Status of Refugees
1951 (1951 Convention), to ensure the well being and human rights protection of refugees. The
objective of the meeting was for the Commission to obtain the UNHCR’s justifications for the Malaysian
Government to accede to the 1951 Convention and to discuss matters arising from this.
The UNHCR commended moves by the Government to protect refugees, saying some of these are
already in compliance with the 1951 Convention. Notable positive actions include the Government’s
increasing willingness to cooperate with the UNHCR in some areas. For example, the UNHCR has
been able to secure the release of refugees detained under the Immigration Act, which is indicative
of some recognition of its role in Malaysia. The Government also supports refugee children’s right
to education, while hospital charges have been reduced for refugees.
The meeting agreed that, instead of pushing for the ratification of the 1951 Convention at this
juncture, it might be a better strategy to urge the Government to undertake – or allow other bodies
such as corporations and NGOs to undertake – activities or programmes that would enable refugees
to enjoy their rights to education, health and livelihood. As these are rights recognised under the
1951 Convention, focus on such activities could pave the way for accession to the treaty.
55