chairman’s message
the amendments adhere to human rights principles vis-a-vis the detainees’ rights to personal liberty,
a fair trial, and to be presumed innocent until proven guilty in compliance with Articles 3, 10 and 11
of the Universal Declaration of Human Rights (UDHR).
In dealing with complaints received on a regular basis, the Commission has also made
recommendations, among others, with regard to the failure of the police to act on reports lodged,
as well as about arbitrary arrests and detentions, excessive use of force by enforcement officers, and
denial of the right to peaceful assembly and to the freedom of expression.
Towards the end of the year, the Commission took a leap forward in the protection of the rights of
indigenous peoples by setting up the Indigenous Peoples’ Rights Committee, which will function as a
focal mechanism in monitoring related violations. The Committee will conduct its first-ever National
Inquiry into the rights of indigenous peoples to land, given the fact that most of their complaints are
related to land matters — ownership, loss of land through eviction, and the impact of development
on their lives and environment. The Commission is of the view that these are critical issues which
need to be seriously addressed by both the State and Federal Governments. Hence, the rationale for
the National Inquiry which, we hope, will have their full support and cooperation.
Section 21(1) of the Human Rights Commission of Malaysia Act 1999 obligates the Commission to
submit its Annual Report to Parliament at the first sitting of the year. Regrettably, while the Report
has been submitted without fail over the last 10 years, none of these has ever been debated. As an
advisory body without enforcement and prosecution powers, the Commission would strongly urge
Members of Parliament to debate the Annual Report or, at the very least, to pick up the key human
rights issues highlighted and give their full support to the recommendations put forth, in the interest
of protecting and promoting the human rights of the people.
Even if some of the recommendations cannot be implemented at this stage for any reason, such
a debate in Parliament would be beneficial to the Commission as well as to the public, and would
go a long way in enhancing the prestige and credibility not only of the Commission as a national
human rights institution but also the Government, encompassing both its Executive and Legislative
branches. It would be a clear and indisputable demonstration of the importance of human rights in
the governance of the nation. The time has come for Malaysia, which aspires to be a fully developed
country by 2020, to be pro-active and to take the lead on matters relating to human rights.
On a more positive note, the Commission is pleased to report that notwithstanding constraints, it
has managed to maintain its ‘A’ status as a national human rights institution, as measured by its
adherence to the Paris Principles. This was accorded by the International Coordinating Committee of
National Institutions for the Promotion and Protection of Human Rights (ICC), following a number of
Special Reviews by the ICC Sub-Committee on Accreditation on the Commission. This will certainly
inspire the Commission to intensify its efforts towards a higher level of human rights observance.
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