Key Issues is concerned that Member-States are permitted to take into consideration their political, economic, legal, socio-cultural and historical backgrounds in the realisation of human rights in their respective countries. The affirmation by the AHRD that all human rights are universal, indivisible, interdependent and interrelated rings hollow in the face of this provision, which may undermine the whole spirit of the Declaration and negate the full enjoyment and protection of human rights across the region. In light of ASEAN’s vision for an ASEAN Community by 2015, the Commission hopes that the ASEAN Intergovernmental Commission on Human Rights can play a more active and profound role as a regional human rights mechanism especially by having more meaningful engagement with stakeholders, in particular national human rights institutions (NHRIs) and civil society organisations to discuss issues of common concerns. 11. PROPOSAL TO AMEND THE COMMISSION’S FOUNDING ACT To ensure that prisons and places of detention comply with human rights principles, it is imperative that the Commission has the power to conduct surprise visits to these places. To this end, the Commission has submitted a recommendation to the Government that the Human Rights Commission of Malaysia Act 1999 be amended to allow the Commission to conduct visits to places of detention without prior notice, as is currently required. 12. RATIFICATION OF CORE INTERNATIONAL HUMAN RIGHTS INSTRUMENTS The Government has not made any concrete move to accede to six international human rights instruments. Malaysia has only acceded to three – the CEDAW, CRC and CRPD. The Commission will continue to press the Government to ratify the ICCPR, International Covenant on Economic, Social and Cultural Rights, CAT, International Convention on the Elimination of All Forms of Racial Discrimination, International Covenant on the Protection of the Rights of All Migrant Workers and Members of their Families, and International Convention on the Protection of All Persons from Enforced Disappearance. These are essential instruments to demonstrate the country’s commitment toward eradicating poverty, protecting socio-economic rights, enhancing human dignity and promoting the civil and political rights of citizens. After the Roundtable Discussions held in 2011 on the CAT, the Commission sent its report, which contains strong recommendations, to the relevant Ministries and agencies in the hope of intensifying support for accession to the treaty. The Commission is of the view that Malaysia should already be taking active measures to accede to the CAT, following its pledge at the UPR in 2009. Laws, policies and practices that do not comply with the treaty must not be seen as hindrances in terms of accession; rather, the CAT should be used as a basis for gradual improvement. The same approach should be used for all other human rights treaties. 23

Выберите целевой абзац3