Key Issues the Commission recognises the important need for witness protection, it is also concerned that the right of an accused person to a fair trial may be prejudiced when faced with such secrecy. The accused or his/her counsel would also be denied routine judicial access to the witness. As the two Bills have been withdrawn from Parliament in order for the proposed amendments to be refined, the Commission hopes to be included in the review process. 2. HUMAN RIGHTS COMMISSION OF MALAYSIA ACT 1999 There is a need to strengthen the Commission’s functions and powers as a National Human Rights Institution (NHRI). On 2 December, it submitted nine proposals to amend its founding Act to YB Hajah Nancy Shukri, Minister in the Prime Minister’s Department. The Commission hopes for due consideration of its recommendations seeking to: • • • • • • • • • Strengthen the selection process of Commissioners; Appoint full-time and/or part-time Commissioners; Increase the period of the Commissioners’ term; Enable the Commission to conduct unannounced visits to places of detention; Enable the Commission to undertake mediations; The Commission refers Formalise a consultation process by the Government with the Commission in the to the Government’s formulation or amendment of laws; commitment, made Ensure that adequate funds are allocated to during the first cycle of the the Commission annually via Parliament; Enable the Commission to have an amicus Universal Periodic review curiae role in selected court cases that in 2009, that it would take involve alleged human rights violations; and steps to accede to four Ensure that the Commission’s Annual Report is debated in Parliament. treaties – the ICESCR, 3. INTERNATIONAL TREATIES As the Government has yet to accede to the remaining six core international human rights treaties, the Commission held a series of discussions on the feasibility of Malaysia’s accession to three of these – the International Covenant on Civil and Political Rights (ICCPR); International Covenant on Economic, Social and Cultural Rights (ICESCR); and International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). The Commission refers to the Government’s commitment, made during the first cycle of the 10 ICCPR, ICERD and the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. The Commission urges the Government to expedite its efforts through the Inter-agency Standing Committee on Human Rights that it has established to study related issues.

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