Chapter 3 - Report of the Research and Policy Development Group
The Commission hopes that the Government will now consider reviewing Sections 15D(1), 16C(2)
and 16B(3B). The Commission is confident that the Government will take into consideration all
human rights aspects and standards when amending the UUCA, to ascertain its relevance in the
context of developing human capital to face global challenges.
(e) Annulment of Proclamations of Emergency
The three remaining proclamations of Emergency – issued by the Yang Di-Pertuan Agong in
1966, 1969 and 1977 respectively – were annulled by Parliament at the end of 2011. As a result,
all laws promulgated under the Proclamations ceased to have effect six months from the date of
annulment. These included the Emergency (Essential Powers) Ordinance 1969 and Emergency
(Public Order and Prevention of Crime) Ordinance 1969, which violated basic human rights
principles as they allowed for detention without trial.
(f) Proposed Repeal of the Sedition Act 1948 and
Enactment of the National Harmony Act
The Commission welcomes the proposed repeal of the
Sedition Act 1948, one of the many laws which it has urged
the Government to abolish. It is hoped that this will enable
greater enjoyment of the basic human right to freedom of
speech.
The Commission also lauds the proposed replacement
law, the National Harmony Act, and notes the intention to
provide a balance between guaranteeing freedom of speech
to every citizen and the need to handle the complexity of
plurality in Malaysian society. It hopes that the Act will
be drafted in a transparent manner in consultation with
stakeholders.
On this note, the Commission looks forward to engaging
the Attorney-General’s Chambers and other stakeholders,
including civil society groups, in the drafting of the new
law to address particular concerns and to ensure that the
provisions are consistent with universally accepted human
rights principles.
The Commission looks
forward to engaging
the Attorney-General’s
Chambers and other
stakeholders, including
civil society groups, in
the drafting of the new
law to address particular
concerns and to ensure
that the provisions
are consistent with
universally accepted
human rights principles.
6. DEATH PENALTY
The Commission continues to call for abolition of the death penalty and reaffirms its stance that
such punishment is cruel, inhuman and degrading. It has repeatedly called upon the Government
to consider a moratorium on the death penalty or commuting this form of punishment to life
imprisonment, especially for those who have been on death row for more than five years.
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