However, as 2018 drew to a close and euphoria settled nationwide, it is becoming
increasingly clear that the new government would re-evaluate its promises to the
people of Malaysia.
Despite the commitment to make Malaysia’s human rights record respected by the
world, the government backpedalled on its keystone election commitments that
would remove, for good, mechanisms that have curtailed human rights in Malaysia.
The opportunity to accede to the six remaining international human rights treaties
could not have come at a better time, but for even the so-called ‘low-hanging fruit’,
a consensus could not be reached over the absolute prohibition of torture and the
elimination of racial discrimination, for example.
Conditions of detention should not be an added punishment, and I lament the
deplorable state of some of our prisons and detention centres that are in breach of a
number of United Nations standards. There are still a handful of our prisons that use the
bucket system, a degrading toilet system in the 1950s. SUHAKAM finds that our prisons
lack the necessary resources for effective rehabilitation to ensure that when detainees
are released, they are better equipped to become law-abiding individuals that can
contribute to society.
Death in custody is a matter that SUHAKAM takes very seriously, and we continue to
monitor prisons and detention centres to the best of our ability. In our view, Malaysia
still has inadequate legal safeguards against torture in custodial settings and action
by the government to effectively reduce and prevent acts of torture behind custodial
walls seems to be minimal. Many of the primary safeguards against ill-treatment and
torture of detainees are protected within the framework of the International Covenant
on Civil and Political Rights (ICCPR) that the government has committed to acceding.
Likewise, accession to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (UNCAT) is a long-held hope here in SUHAKAM –
one the government has also pledged its commitment to – and in doing so, will bring
closure to inhuman treatment in custody and embrace a new regime of rehabilitation.
A blow to both human rights in Malaysia and SUHAKAM came in the form of the
government distancing itself from participating in our 2018 Human Rights Day
celebration that was misreported as a counter-rally as it bowed to political pressure
to reject accession to the International Convention on the Elimination of All forms of
Racial Discriminations (ICERD). The groups opposing accession were irrationally claiming
that accession would unravel social contracts built on the backs of affirmative action
viii
SUHAKAM
ANNUAL REPORT 2018