12. MONITORING OF STATE RATIFICATION ON HUMAN RIGHTS CORE TREATIES
The Commission wishes to stress that the use of such policy borders on
absurdity as the process and period of implementation would inevitably
be continuous, and there would always be laws or policies deemed to
contravene these treaties. The government should view ratification to these
treaties as a positive act to spur the government to fulfil its obligations and
fulfilment of the spirit and intention of the treaties.
6
Article 2, International Covenant on Economic, Social and Cultural Rights
Article 4, Convention on the Rights of Children
Article 4(2), Convention on the Rights of Persons with Disabilities
S U H A K A M A N N U A L R EPOR T 2017
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The Commission takes note of the existence of several steering committees
placed under several government agencies to discuss on the possibility of
acceding to the six remaining core human rights treaties. From the series
of meetings with several government agencies held throughout 2017,
the Commission was informed that the government had a policy of not
ratifying any international treaties unless it conformed to national laws.
The Commission notes that throughout the government’s responses on
the issue of acceding to international treaties, the government has always
taken the view that conformity between national laws and international
treaties must exist prior to ratification. The Commission believes that this
view is itself fallacious as the government has undeniably undertaken and
implemented many positive changes and initiatives on issues concerning
elements embraced and expounded in international treaties such as the
‘progressive realisation’ of many rights of its citizens.6
C H A P T E R
Malaysia has only ratified three of the nine treaties, namely Convention on
the Elimination of All Forms of Discrimination Against Women (CEDAW), the
Convention on the Rights of the Child (CRC) and the Convention on the
Rights of Persons with Disabilities (CRPD). It was 5 years back when Malaysia
ratified both the Optional Protocol to the Convention on the Rights of the
Child. The Commission is deeply concerned that Malaysia has ratified
the least number of treaties compared to other countries in ASEAN and
Organisation of Islamic Cooperation (OIC).