1. INTRODUCTION
1.1. The Human Rights Commission of Malaysia (SUHAKAM) in collaboration with the
Southeast Asia National Human Rights Institutions Forum (SEANF) and the British
High Commission in Malaysia organized the Regional Conference (Conference) on
Prison Reform from 29 to 30 November 2021 in Kuala Lumpur. The Conference had
seen participation of key stakeholders including Government Agencies, National
Human Rights Institutions (NHRIs), Members of Parliaments (MP) and Civil Society
Organisations (CSO).
1.2. According to Tan Sri Othman Hashim, Chairman of SUHAKAM, who delivered his
opening remarks, the Conference was organised to raise awareness on the human
rights challenges in prison settings, and to support the prison reform agenda in
Malaysia and in Southeast Asia. The sharing of best practices among peers and the
strengthening of advocacy on reform in the Conference will contribute to the prison
reform agenda. Among the salient points of his opening remarks are:
i.
ii.
iii.
The function of SUHAKAM as an NHRI in compliance with the Principles
relating to the Status of National Institutions (The Paris Principles)1, its
mandate to visit places of detention in Malaysia in Section 4(2)(d) of the
Human Rights Commission of Malaysia Act 1999 and to provide necessary
recommendations to relevant stakeholders;
Since its establishment, SUHAKAM has visited places of detention including
prisons, police lockups and immigration detention centres on a regular basis
and based on these visits, observations and studies undertaken, SUHAKAM
has submitted numerous recommendations to authorities to improve the
condition in places of detention. One of the central themes of the
recommendations was the urgent need for a prison reform agenda; and
SUHAKAM had initiated a study on the rights of health in prison in 2014 with
the objective of ensuring the condition of confinements in Malaysia is in full
conformity with the standards of health, safety, and human dignity to achieve
criminal justice system that respects the individual rights.2
1.3. H.E. Charles Hay MVO, British High Commissioner in Malaysia in his welcoming
remarks stated the reasons of his support to the Regional Conference:
i. The collaboration on the rule of law, including prison reform has been an
important part of bilateral relationship between the United Kingdom (UK) and
Malaysia for several years;3
1
https://www.ohchr.org/en/professionalinterest/pages/statusofnationalinstitutions.aspx
The report was published by SUHAKAM in 2017 and one of the findings in the report highlighted that, prisons
can be a breeding ground for infections and diseases. According to the report, overcrowding, prolonged
confinement within enclosed and poorly ventilated spaces are among the conditions that contribute directly to
the spread of diseases. All degrading features combined with poor sanitation, insufficient nutrition and limited
access to satisfactory health if not addressed urgently could lead to major public health challenges in prisons.
The consequences would be great as it poses high risk to prisoners, prison staffs, their relatives, prison visitors
and the wider society.
3
The Director of Prison Reform and Her Majesty’s Prison and Probation Service (HMPPS), UK has been working
closely with the Commissioner General of the Malaysian Prison Department over the past few years to help
developing the reform strategy of its own. Further, a group of four senior Malaysian prison officers had spent
2
4