The year 2017 has been a challenging year in which many issues concerning human rights have yet to be resolved as evident in the issues highlighted above. The Commission acknowledged that the concerns raised by the stakeholders are legitimate, and the failure to address these issues will lead to the deterioration of human rights in Malaysia and inevitably, reduce the standing of Malaysia in the eyes of the world. On a positive note, the continuous efforts of the Commission undertaken years ago have finally borne fruits such as the acceptance of the Syariah Judiciary in recognising the role that the Commission could play in advising the Syariah Courts and positive development in the movement to abolish the death penalty. The Commission, as the body created by the Parliament, strives to remind the government of its commitments and to uphold the principles of human rights as espoused in the Federal Constitution. 10 Article 1 of CAT. 11 E/CN.4/2003/68, para. 26. 12 Paragraph 32 of the General Comment No. 8 - the Committee notes that in a minority of States, corporal punishment using canes or whips is still authorised as a sentence of the courts for child offenders. As frequently reiterated by the Committee, the Convention requires the repeal of all such provisions. S U H A K A M A N N U A L R EPOR T 2017 33 1 THE WAY FORWARD C H A P T E R Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)10, General Recommendations of the Special Rapporteur on Torture11, General Comment No. 8 on the Right of the Child to Protection from Corporal Punishment and Other Cruel or Degrading Forms of Punishment12, and the Cairo Declaration on the Convention on the Rights of the Child and Islamic Jurisprudence are among international human rights documents that prohibit, expressly and impliedly, the implementation of corporal punishment. These documents clearly show that the proposed amendment is contrary to the spirit of human rights. Therefore, the Commission would like to reiterate its stand that all forms of torture and other cruel, inhuman or degrading treatment are absolutely prohibited by customary international law and international treaties. The Commission is of the view that such punishment should be replaced with a more humane punishment that has no element of inhuman, cruel and degrading treatment towards offenders and that corporal punishment should not be part of Malaysia’s legal system. The Commission also strongly recommends that Parliament must accordingly ensure that all laws passed by it are reasonable, equitable and proportionate as well as progressive and fair. At the time of writing, the Commission takes note that the proposed Bill has not yet been debated in Parliament.