Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698749683576.pdf (Malaysia)
Human RigHts Commission of malaysia annual RepoRt 2019 Human RigHts Commission of malaysia suHaKam Level 11, Menara TH Perdana, 1001, Jalan Sultan Ismail, 50250 Kuala Lumpur.

URL: http://www.suhakam.org.my Human RigHts Commission of malaysia annual RepoRt 2019 FIRST PRINTING, 2020 Copyright Human Rights Commission of Malaysia (SUHAKAM) The copyright of this report belongs to the Commission.
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Published in Malaysia by HUMAN RIGHTS COMMISSION OF MALAYSIA (SUHAKAM) 11th Floor, Menara TH Perdana 1001 Jalan Sultan Ismail 50250 Kuala Lumpur E-mail: humanrights@suhakam.org.my URL : http://www.suhakam.org.my Printed in Malaysia by Mihas Grafik Sdn Bhd No.
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r D , i g n e h P m Y k o L k u t a D iv SUHAKAM CONTENTS CHAIRMAN’S MESSAGE EXECUTIVE SUMMARY CHAPTER 1 PURSUING THE HUMAN RIGHTS MANDATE 1.1 EDUCATION AND PROMOTION 1.2 LAW AND POLICY ADVISORY 1.3 COMPLAINTS AND MONITORING 1.4 COMMUNICATIONS AND INTERNATIONAL ENGAGEMENT 1.5 COMMEMORATION OF SUHAKAM’S 20TH ANNIVERSARY AND 2019 INTERNATIONAL HUMAN RIGHTS DAY CELEBRATION CHAPTER 2 SABAH OFFICE CHAPTER 3 SARAWAK OFFICE CHAPTER 4 OFFICE OF THE CHILDREN’S COMMISSIONER CHAPTER 5 INDIGENOUS PEOPLE THEMATIC AREAS 5.1 5.2 CHILDREN 5.3 WOMEN AND GENDER 5.4 HUMAN TRAFFICKING 5.5 REFUGEES AND ASYLUM SEEKERS 5.6 PERSONS WITH DISABILITIES 5.7 WORKERS 5.8 BUSINESS AND HUMAN RIGHTS 5.9 EQUALITY AND NON-DISCRIMINATION 5.10 ISLAM AND HUMAN RIGHTS 5.11 DEATH PENALTY CHAPTER 6 ADMINISTRATIVE AND FINANCE viii xvi 2 31 37 79 99 105 117 127 142 152 158 162 165 167 173 176 184 194 202 205 ANNUAL REPORT 2019 v APPENDICES APPENDIX I Press Statements APPENDIX II List of Activities APPENDIX III Talks, Meetings, Workshops and Conferences – National APPENDIX IV Talks, Meetings, Workshops and Conferences – International APPENDIX V Monthly Meetings – Attendance of SUHAKAM Commissioners APPENDIX VI Auditor-General’s Certificate on SUHAKAM’s Account APPENDIX VII Photos of SUHAKAM Officers and Staff LIST OF ABBREVIATIONS 218 220 241 288 294 297 319 329 “ It is heartening to see that conversations on human rights laws, policies, customs and practices are being discussed in the open and transparently at every level of society” CHAIRMAN’S MESSAGE viii SUHAKAM CHAIRMAN’S MESSAGE The year 2019 was a special year for SUHAKAM, as SUHAKAM celebrated its 20th Anniversary on 9 September and saw the debate of its annual report in Parliament for the first time, an important milestone for SUHAKAM.
The national consciousness and awareness of human rights and the rule of law are higher than they have ever been.

It is heartening to see that conversations on human rights laws, policies, customs and practices are being discussed in the open and transparently at every level of society.

Such conversations would have been difficult a few years ago, and this could only have been made possible by the cooperation between the government and civil society.
However, 2019 was also a year of many trials and tribulations.

Malaysia bore witness to race-baiting statements by senior politicians, the detention of children, a moratorium on the mandatory death penalty only, raids on Shia followers, failure of authorities to stand up for the right to assemble and freedom of expression, as well as the rise of racially- charged rhetoric in the media.
Malaysians have high expectations of the government to advance human rights in the country after more than a year in power.

While the people might be impatient for change, the truth is that real change takes time and effort.

In this vein, SUHAKAM welcomes the including constitutional amendments, lowering the voting age and introducing automatic voter registration, as well as the increased momentum regarding the formation of an Independent Police Complaints and Misconduct Commission (IPCMC).
Work that was suspended for the longest time without progress has finally begun to move, though it continues to experience flagging issues that delay its establishment.

“ Since its establishment in 1999, SUHAKAM has consistently called for the debate of its annual report in Parliament.
It took 20 years and a change of Government for this to become a reality” ANNUAL REPORT 2019 ix Nevertheless, SUHAKAM continues to support efforts by the government to reform policy and legislation related to human rights, and has been involved in the drafting and review of laws related to sexual harassment, discrimination against women, employment, domestic workers and the abolition of the mandatory death penalty, in its capacity as an advisory body to the government.
Even so, the pace is rather slow, and SUHAKAM hopes that this work can be prioritised and sped up further.

What has become clear in 2019 is that attitudes towards SUHAKAM and human rights have shifted.

SUHAKAM is considered a reputable and credible authority on human rights in the country and received numerous memoranda from civil society organisations and individuals pertaining to human rights abuses throughout the year.
SUHAKAM’s work is taken seriously and scrutinised by the media and our civil society partners.

Until now, human rights has been low on the list of national priorities but the long list of legal reforms being proposed which directly relate to the civil, political and economic rights of Malaysians is promising indeed.

Since its establishment in 1999, SUHAKAM has consistently called for the debate of its annual report in Parliament.

It took 20 years and a change of government for this to become a reality.
The 2018 SUHAKAM Annual Report was debated on 5 December 2019 for the first time, marking a shift in public consciousness about human rights and its place in Malaysian society.

Minister in the Prime Minister’s Department (Law) Datuk Liew Vui Keong began the session by highlighting the work done by SUHAKAM in the past year.
He drew special attention to SUHAKAM’s work with the state religious authorities, collaboration with the Ministry of Education in introducing human rights education in schools, and advice regarding legal policies related to refugees.

He spoke on the investigation into the disappearances of Pastor Raymond Koh and Amri Che Mat.
He said that the outcome of the investigation, as well as the national conversation surrounding it, can encourage future cooperation with the government to push Malaysia towards the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED).

The Minister also highlighted the issue of children’s rights, including child marriage, abuse and sexual exploitation of children, which impacts their access to education, health, equality and non-discrimination.
x SUHAKAM The Parliamentarians picked up on a number of issues highlighted by the Annual Report, including children’s rights, women’s rights, equality and non-discrimination, poverty, statelessness, refugees and asylum seekers, persons with disabilities, workers, LGBT, victims of human trafficking, Orang Asli/Asal and their land rights, victims of enforced disappearances, security laws, SUHAKAM’s involvement in law reform and advisory role, SUHAKAM’s investigations, inquiries and reports, and the strengthening of its structure to comply fully with the Paris Principles.
It is also extremely encouraging to hear that many Parliamentarians believe SUHAKAM should be fully supported, funded and empowered to effectively execute its mandate as an independent national human rights institution (NHRI).

In recognising the critical nature of the improvement of the rights of children in Malaysia, SUHAKAM also welcomed the appointment of Malaysia’s first Children’s Commissioner, Prof. Dato’ Noor Aziah Mohd.

Awal, whose work and mandate is fully supported by SUHAKAM.
Our work in investigating complaints of human rights violations was also in the spotlight in 2019, as SUHAKAM submitted to the government the report of the Public Inquiries into the Enforced Disappearances of Pastor Raymond Koh and activist Amri Che Mat.

These inquiries and subsequent public pressure pushed the government into forming a special task force to further investigate the enforced disappearances.
“ SUHAKAM also conducted a joint investigation with the NGO Fortify Rights on the mass graves discovered in Wang Kelian and made its report publicly available.

Entitled ‘Sold Like Fish’, it details the findings relating to the human trafficking camp and its victims.

This led to the formation of a Royal Commission of Inquiry (RCI) on Wang Kelian.

As of the end of 2019, the work of the RCI is still in progress.
SUHAKAM played host to a contingent from the Regional Human Rights Commission (RHRC) of the Bangsamoro Autonomous Region of the Philippines, who expressed an interest in modelling our structure and work” ANNUAL REPORT 2019 xi This recognition shows that our work is important in upholding justice in cases of possible human rights violations, particularly in instances where authorities may be involved, and the cooperation of the government in ensuring that such cases are investigated is vital to the improvement of the nation’s human rights record.
Though we maintain a smart partnership with the government, SUHAKAM keeps a close eye on the commitments made by the government and issues statements that publicly express SUHAKAM’s official position pertaining to human rights, as per our mandate and powers spelt out under the Human Rights Commission of Malaysia Act 1999.
Additionally, SUHAKAM has not shirked its duties and continues to execute its mandate through its core programmes: SUHAKAM Bersama Masyarakat (SBM) engagements were held with rural and marginalised communities, ranging from fishermen to farmers, throughout the country; schools participating in the Human Rights Best Practices (HRBP) module, which was developed for primary and secondary school students, increased from 222 schools to 468; and SUHAKAM’s “Judicial Colloquium on Applying International Human Rights Principles/Norms in Judicial Processes” was officiated by then Chief Justice Tan Sri Datuk Seri Panglima Richard Malanjum on 23 March 2019 and attended by more than 100 judges.
Awareness and understanding of human rights as something that is universal is progressing well among Malaysians.

There are still diverse views on the total abolition of the death penalty or the ratification of the Convention Against Torture (UNCAT) and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), all of which SUHAKAM wholly supports and will continue to advocate for.
SUHAKAM paid special attention to UNCAT in 2019, by organising a Regional Dialogue together with the commissioning of cartoons on UNCAT by prominent local cartoonists as part of a project that was funded by the European Union.

There is much work that is still required to educate Malaysians on the reality of human rights and human rights work.

Nevertheless, SUHAKAM has indeed made strides nationally, regionally and internationally.
SUHAKAM signed a Memorandum of Understanding (MoU) on issues related to statelessness in Sabah with the National Human Rights Commission of Indonesia (KOMNAS HAM) with The Commission for Human Rights of the Philippines (CHRP) as an observer.

SUHAKAM also signed an MoU with the National Human Rights Commission of Nepal (NHRCN) on the issue of migrant workers.
xii SUHAKAM SUHAKAM played host to a contingent from the Regional Human Rights Commission (RHRC) of the Bangsamoro Autonomous Region of the Philippines, who expressed an interest in modelling our structure and work.

This is a matter of pride for SUHAKAM, as it signals that we are an institution that is also respected internationally and one that others seek to emulate.
The Asia Pacific Forum (APF), the Commonwealth Forum on National Human Rights Institutions (CFNHRI) and the Southeast Asia National Human Rights Institutions Forum (SEANF) are regional networks in which SUHAKAM holds membership and actively participates through various meetings and workshops, intended not only to engage fellow network members regarding human rights within the country, but also to build and increase the capacity of the officers of SUHAKAM to be better prepared to understand and undertake the ever-evolving field of human rights work.
In 2019, Global Alliance of National Human Rights Institutions (GANHRI) paid special attention to the implementation, follow up and review of the Global Compact for Migration which had been adopted by the UN General Assembly in the previous year.

Migration is multidisciplinary and cuts across many other human rights areas that SUHAKAM works on, including the detention of children, the status of refugees, the rights of migrant workers and statelessness.
The APF Biennial Conference examined the role of NHRIs to counter hate, prejudice and discrimination where SUHAKAM spoke about migrants, non- xenophobia, equality and discrimination.

In addition to the MoUs signed on the issues of statelessness in Sabah and of migrant workers, SUHAKAM plans to deepen our work on this particular area.
“ SUHAKAM will continue to advocate for the ratification of the remaining six international human rights instruments and the withdrawal of all reservations of treaties already acceded to” SUHAKAM is also an active participant United Nations mechanisms.
in ‘A’-status NHRI, SUHAKAM As an statements intervention 4 issued during the 40th and 42nd Sessions of the Human Rights Council on the adoption of Malaysia’s UPR ANNUAL REPORT 2019 xiii Working Group Report and the reports of the visits by the Special Rapporteurs on the Sale and Sexual Exploitation of Children in the Field of Cultural Rights, and on the Human Rights to Safe Drinking Water and Sanitation.
SUHAKAM also submitted its own report to the Special Rapporteur on Extreme Poverty and Human Rights coinciding with his visit to Malaysia.

As part of our advocacy work, SUHAKAM has always supported standing invitations to Special Procedures to come to Malaysia for the purpose of assessing and receiving recommendations on how the country can improve its record and human rights standing.
SUHAKAM notes with satisfaction that, following Malaysia’s 3rd Universal Periodic Review (UPR) in 2018, the Ministry of Foreign Affairs has agreed to issue a standing invitation to all Special Procedures for this very purpose.

SUHAKAM has come a long way since it was first established in 1999.

And there is still much work to be done.


SUHAKAM will continue to advocate for the ratification of the remaining six international human rights instruments and the withdrawal of all reservations to treaties already acceded to.

SUHAKAM also seeks to expand its promotional work across all sectors of society and throughout the entire country.

Even so, we must take the time to recognise what the people of Malaysia and we have achieved together, not just over the past 20 years but in 2019 alone.
Human rights work is a herculean task, but we have succeeded in shedding light nationally on topics that would not normally have been given much focus.

The discussion on what human rights is and what it means to Malaysians is livelier than ever.

SUHAKAM has worked tirelessly to improve the promotion and protection of human rights across many different areas and disciplines with a diverse array of partners.
SUHAKAM is fully committed to working with the government and other stakeholders to improve the human rights situation in Malaysia.

I look forward to a future where human rights are respected and practised by all Malaysians.

Tan Sri Othman Hashim EXECUTIVE SUMMARY xvi SUHAKAM EXECUTIVE SUMMARY The year 2019 was a milestone, with SUHAKAM charting the 20th year of its founding and establishment.
The Human Rights Commission of Malaysia (SUHAKAM) has come a long way since Parliament gazetted the Human Rights Commission of Malaysia Act 1999 (Act 597) on 9 September 1999.

A notable highlight of the year, and a timely 20th anniversary gift for SUHAKAM, was the parliamentary debate of the 2018 SUHAKAM Annual Report for the first time, on 5 December 2019.
Parliamentarians, as representatives of their constituents, bear a responsibility to recognise and acknowledge human rights issues that exist, and to use the power of their office to seek effective and permanent solutions.

SUHAKAM welcomed the ninth batch of Commissioners midway through the year, with Tan Sri Othman bin Hashim as the incoming Chairman for the period 2019 – 2022.

Not long after, a Children’s Commissioner (CC) joined the eight core members on 23 August 2019.
Prof Dato’ Noor Aziah Mohd Awal’s work as CC focuses on the promotion and protection of children’s rights.

These rights include the rights of indigenous children, those who are migrants, refugees, undocumented, stateless and children with disabilities, which are all underpinned by the United Nations Convention of the Rights of the Child.
Recognising that education is the most effective way to nurture future generations who understand, and therefore will promote and protect human rights as a matter of principle, SUHAKAM worked to strengthen its cooperation with the Ministry of Education.

SUHAKAM focused on developing the Civic Education Module and providing input in the review of the National Education Policy.
SUHAKAM recommends that the National Education Policy should include human rights education as a means to achieve the aspirations of the policy.

At the same time, the Human Rights Best Practices in Schools Programme expanded from an initial 222 schools with the addition of another 246 schools from throughout Malaysia in 2019.

SUHAKAM initiated talks with the Institutes of Teacher Education Malaysia to incorporate human rights knowledge in the syllabus for teachers from the year 2020.
ANNUAL REPORT 2019 xvii “ SUHAKAM also engaged with rule of law institutions, including the judiciary, government agencies and civil society organisations (CSOs) to partake and exchange views on law reform and human rights” SUHAKAM hosted a Regional Dialogue on The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) in July.

The project was funded by a European Union (EU) grant.
The dialogue aimed at facilitating the sharing of best practices and lessons learnt from its implementation among relevant ASEAN and OIC member states, presented by regional and international experts.

SUHAKAM will continue to facilitate and pave the way forward, in anticipation of the eventual accession of UNCAT by Malaysia.

Several Ministries consulted and invited SUHAKAM to serve as members of various committees to draft and make recommendations on new bills or laws to be amended.
They include sexual harassment, gender equality, employment laws, and a study on alternatives to the death penalty.

SUHAKAM consistently made recommendations for law reforms in accordance with international human rights standards.

In the second half in of 2019, SUHAKAM participated several consultations convened by the Minister in Prime Minister’s Department (Law), YB Datuk Liew Vui Keong, and submitted recommendations on a draft Independent Police Complaints of Misconduct Commission (IPCMC) Bill.
SUHAKAM also engaged with rule of law institutions, including the judiciary, government agencies and civil society organisations (CSOs) to partake and exchange views on law reform and human rights.

xviii SUHAKAM SUHAKAM welcomes the appointment of the new Chief Justice of Malaysia, The Right Honourable Tan Sri Tengku Maimun Tuan Mat, who expressed her support for continuous engagement with judges and judicial officers on human rights issues.
SUHAKAM would like more working engagements in terms of reviewing and drafting laws, especially those concerning human rights, and ideally from the early stages of any legislative process.

Since 2016, SUHAKAM has advocated for the establishment of a Custodial Medical Unit (CMU), which will operate as a mobile clinic and manned by trained medical staff on site.
As a result of positive engagement with the Royal Malaysia Police (PDRM), the CMU programme is expected to be established at five centralised lockups in early 2020.

In addition, SUHAKAM also collaborated with the Prisons Policy Division to undertake a thorough review and reform of the prison management system, policies and practices, including compliance with minimum standards of detention following international standards such as the Nelson Mandela Rules.
SUHAKAM completed its Public Inquiry (PI) into the disappearance of Pastor Raymond Koh and Amri Che Mat, in December 2018.

Following the announcement and release of the PI report, the Ministry of Home Affairs proceeded to form a Special Task Force to Investigate the disappearance of both individuals.

On 14 March 2019, Malaysia’s Working Group Report for the Third UPR was considered and adopted at the 40th Regular Session of the Human Rights Council.
Of the 268 recommendations, Malaysia fully accepted 147 recommendations, partially accepted 37 and noted the remaining 84 recommendations.

Having accepted all of the 11 UPR recommendations on People with Disabilities, the community anticipates these shall be translated into reality soon, especially on access to education, healthcare and more disabled-friendly facilities.

The main issues in Sabah relate to land matters, citizenship, and identification and/or personal legal documents.
SUHAKAM has made recommendations to the authorities and sought to identify best possible solutions for various complaints received, as well as advocating for policy improvements generally.

As part of SUHAKAM’s effort to find permanent solutions on statelessness, SUHAKAM signed a Memorandum of Understanding with Komnas HAM (Indonesian National Human Rights Institution) in April, which will enable the two NHRIs to assist each other across national borders.
ANNUAL REPORT 2019 xix “ Recurrent issues faced by the Orang Asli community include the lack of access to clean water, the opening of plantations surrounding their settlements and land encroachment, and difficulty in accessing health and education services for children ” Owing to many years of active advocacy and constant engagement with the Sabah Government, specifically the Land and Survey Department, there seemed to be notable improvements in terms of Native Customary Rights and land issues.
SUHAKAM looks forward to seeing more positive changes on this front shortly.

Citizenship issues formed the majority of complaints received by the Sarawak office.

They mainly relate to children’s citizenship, late registration of births or identification cards for residents in rural areas, as well as children whose mothers are foreigners.

SUHAKAM welcomed the amendment of the Land Code in 2019.
It is vital to have fairer land laws to obviate the injustice suffered by natives who lack access to knowhow and the law but are forced into litigation to claim their rights.

This will pave the way for Sarawak natives to proceed with more clarity and confidence in claiming their NCR rights, instead of undergoing the test of a judicial examination.
surrounding Recurrent issues faced by the Orang Asli community include the lack of access to clean water, the opening their of plantations settlements and land encroachment, and difficulty in accessing health and education services for children.
SUHAKAM continued to engage with the Government, Minister in the Prime Minister’s Department (National Unity and National Wellbeing) YB Senator Waytha Moorthy Ponnusamy and JAKOA to seek permanent solutions to issues that affect the Indigenous xx SUHAKAM Peoples (IP), especially in light of several tragic events, including the deaths of some indigenous people.
SUHAKAM would also like to highlight that villagers often raise issues of access to clean water during the SUHAKAM Bersama Masyarakat events held at various rural areas throughout Malaysia.

SUHAKAM carried out a number of visits to immigration detention centres and observed that these sites were unsuitable and lacked facilities to cater for children’s needs.

SUHAKAM and CSOs advocated the need to identify and implement alternatives to detention of children.
SUHAKAM recommended that SOPs which relate to the detention of children should be improved, and to pilot a project whereby these children are placed within community care and civil society-run shelters.

There were several reports of incidents related to tahfiz schools throughout the year, including the death of students in a fire and allegations of physical and sexual abuse.

SUHAKAM visited some tahfiz schools to understand their problems.
SUHAKAM also approached the state religious department to organise human rights workshops for tahfiz schools administrators.

SUHAKAM also raised issues relating to tahfiz schools during meetings with Minister in the Prime Minister’s Department (Religion), YB Datuk Seri Dr. Mujahid Yusof Rawa, JAKIM and state religious authorities.

Child marriage is still an alarming issue in Malaysia.
Aside from the call for the Government to raise the minimum statutory age of marriage for both men and women to 18 years, SUHAKAM also urged the Government to tackle the root causes of the issue, including increasing children’s awareness and education of their rights.

There is also a need to conduct effective awareness programmes on sexual and reproductive health for the wider public.

SUHAKAM embarked on a study on discrimination against transgender persons based in Kuala Lumpur and Selangor.
The findings were published in March 2019.

It is SUHAKAM’s view that the rights and dignity of the transgender community is no different from members of all other communities.

They should be respected and protected from discrimination, harm and violence, regardless of their sexual orientation.

SUHAKAM collaborated with Fortify Rights to publish the report, ‘Sold Like Fish’.
The report focuses on crimes perpetrated by human ANNUAL REPORT 2019 xxi traffickers against Rohingya refugees in the sea and human trafficking camps in both Malaysia and Thailand.

Survivors of these atrocities in Malaysia deserve protection under Malaysian law as survivors of human trafficking.

It remains to be seen whether the Royal Commission of Inquiry on Wang Kelian, established by the Ministry of Home Affairs, will be able to identify the perpetrators and justice will be served accordingly.
“ SUHAKAM provided advice and input on the initiation and development of a NAPBHR for Malaysia” from from SUHAKAM conducted a consultation to obtain views relevant stakeholders and consequently made a submission to the Ministry of Human Resources, specifically on the issue of protection for jobseekers against discrimination which was being the Employment withdrawn Act (EA).
SUHAKAM issued a press statement, stating that removing the jobseekers protections from the EA amendments would allow for pre- employment discriminatory practices to continue.

SUHAKAM recommends that the prohibition on discrimination under Article 8(2) Federal Constitution be upheld.
After Minister in the Prime Minister’s Department (Law) YB Datuk Liew Vui Keong announced that Cabinet had decided that all human rights matters, the including the development of National Action Plan on Business and Human Rights (NAPBHR), be placed under his ministerial portfolio, SUHAKAM provided advice and input on the initiation and development of a NAPBHR for Malaysia.

xxii SUHAKAM SUHAKAM reiterated its position for the repeal of the Sedition Act 1948.
SUHAKAM also recommended the reinstatement of the agenda to reform laws and enforcement regulating hate speech and to comply with international human rights standards.

This would ensure better respect and protection of the right to free speech as guaranteed under Article 10 of the Federal Constitution and Article 19 of the Universal Declaration of Human Rights.
SUHAKAM supports the initiatives undertaken by the Minister in the Prime Minister’s Department for Religious Affairs with the introduction of Rahmatan lil ‘Alamin and Maqasid Syariah, both of which stress the same global principles underscored for the promotion and protection of human rights.

Nonetheless, SUHAKAM recognises that there is a need for further improvements in policy and administration, to strengthen public comprehension in the positive relationship between Islam and human rights in Malaysia.
SUHAKAM welcomed the government’s decision to abolish the mandatory death penalty for 11 offences under the Penal Code and the Firearms (Increased Penalties) Act 1971.

SUHAKAM views this, as a step in the right direction towards the total abolition of the death penalty in this country.
SUHAKAM Commissioner Dato’ Mah Weng Kwai was appointed as a member of the special committee to study and make recommendations to the Minister on alternative punishments to the death penalty and transitional measures for current death row prisoners.

SUHAKAM conducted a stakeholder consultation in October to obtain views from relevant stakeholders and submitted the findings to the Law Minister.

SUHAKAM receives an annual grant from the government under the Human Rights Commission of Malaysia Act 1999.
Financial limitations with regard to staffing and programmes prevent SUHAKAM from undertaking or delving into a broader range of human rights issues.

Taking into account the increasing demands in terms of delivering its four mandates, by and with the government, civil society and the public, there is an urgent need for the annual grant to increase in tandem.
In conclusion, SUHAKAM urges the Malaysian Government to commit to accepting more recommendations, particularly those related to the accession of the six remaining core human rights treaties and withdrawal of all reservations to the conventions which it has ratified.

ANNUAL REPORT 2019 xxiii SUHAKAM reiterates its call to establish a Permanent Inter-Ministerial Tracking System for effective coordination on human rights issues.
from including Many quarters the Ministries, Parliamentarians and their committees, CSOs, UN agencies and Special Rapporteurs, international organisations, and ASEAN through the AICHR, have increasingly sought to engage with SUHAKAM on many fronts.

Considering the broad scope of human rights issues and a growing population, which correlates with increasing human rights violations, SUHAKAM welcomes these collaborations mainly to achieve common objectives.
SUHAKAM urges the government, all politicians and parliamentarians to avoid using ‘human rights’ as a tool for political gains, but rather as an approach to right what is wrong, and as a discourse to strive for a just, respected, equitable and sustainable society where no one is left out of the equation.
“ SUHAKAM reiterates its call to establish a Permanent Inter- Ministerial Tracking System for effective coordination on human rights issues” CHAPTER 1 PURSUING THE HUMAN RIGHTS MANDATE 2 SUHAKAM 1.1 EDUCATION AND PROMOTION OVERVIEW SUHAKAM continues to create and enhance public awareness and provides capacity building programmes for various sectors and levels in Malaysia.

SUHAKAM also achieved several positive advancements in respect of its vision for human rights to be taught and practised in schools.
The Human Rights Best Practices (HRBP) in Schools Programme was expanded to 246 schools all over Malaysia, bringing the total number involved to 468 schools.

In addition, SUHAKAM, together with the Ministry of Education (MOE), jointly developed and launched two human rights modules each for UPSR and PT3 pupils.

SUHAKAM was also involved in the MOE review of the National Education Policy.

It engaged with local training institutes, universities, private sector, government and enforcement agencies.
These meetings resulted in the development and implementation of numerous human rights training of trainers’ sessions, capacity building workshops, human rights camps and campaigns, and training modules.

Also, SUHAKAM strengthened its engagements and partnerships with religious authorities to improve public knowledge of the intertwining principles in religion and human rights.
SUHAKAM continues to reach out to the grassroots and vulnerable populations through the SUHAKAM Bersama Masyarakat (SBM – meet the people programme) platform in which SUHAKAM is able to interact directly with communities of various backgrounds such as the indigenous peoples, farmers, plantation workers, fishermen and persons with disabilities.
Aside from raising public awareness of SUHAKAM, the sessions provide opportunities for SUHAKAM to receive and respond to queries and complaints on alleged human rights violations faced by them.

ANNUAL REPORT 2019 3 C H A P T E R 1 A.

EDUCATION AND TRAINING 1. REVIEW OF THE NATIONAL EDUCATION POLICY On 5 March, SUHAKAM submitted its proposals for a review of the National Education Policy (NEP) to the Committee reviewing the NEP, headed by Emeritus Professor Datuk Dr. Ibrahim Bajunid.
Commissioner Datuk Lok Yim Pheng, who represented SUHAKAM at the meeting with the Committee, presented a proposal which focused on the following four main areas: i. ii.

iii.

iv.
iii.

iv.

That human rights education be one of the objectives of the policy; That a Human Rights Policy be introduced, particularly in the administration and management of MOE; That Human Rights education be in the co-curriculum and curriculum at all levels; and, That the administration of school discipline is in line with human rights principles.
After the Committee submitted its report to then Education Minister Dr. Maszlee Malek in May 2019, MOE organised several laboratory sessions to detail the implementation of the Committee’s recommendations.

SUHAKAM participated in the sessions from 6 to 29 November, giving its input concerning human rights for the improvement of the NEP.
SUHAKAM learnt during the laboratory sessions that MOE had improved the Malaysian Teachers’ Professional Code of Conduct to become Malaysia Teachers’ Ethics (MTEs) in which respect of human rights has been recognised as one of the teachers’ ethics.

The new MTEs is a guideline for teachers in government and private schools.

Next year, MOE will formulate the Malaysia Teachers’ Code of Ethics based on the MTEs to ensure compliance by teachers.
The MOE’s initiative is commendable, and SUHAKAM is willing to provide any support MOE needs in the drafting and implementation of the Malaysia Teachers’ Code of Ethics.

4 SUHAKAM 2.

THE INTRODUCTION OF CIVIC EDUCATION IN SCHOOLS SUHAKAM applauds MOE’s efforts in re-introducing civics education at the pre-school, primary and secondary school levels through Civic Education Exemplar Modules as well as a Manual on Civic Consciousness and Practising Good Values during Assembly, throughout the year.
During the Civic Focus Group discussions held on 5 and 26 March, SUHAKAM gave its comments on the draft Exemplar Modules.

SUHAKAM’s representatives led by Commissioner Associate Professor Dr. Nik Salida Suhaila Nik Saleh relayed SUHAKAM’s comments and suggestions, inter- alia on the correct interpretation of rights and duties and information regarding the international human rights conventions.

They also shared SUHAKAM’s materials on human rights.
Apart from that, MOE’s Islamic Education Department, which is in charge of developing the Manual on Civic Consciousness and Practising Good Values during Assembly consulted with SUHAKAM on 3 January.

The National Civic Education programme was then implemented in schools starting in June.

On 13 August, Prime Minister Tun Dr. Mahathir Mohamed launched the National Civic Education programme and SUHAKAM was honoured to be invited to witness the event.
It was further encouraging to discover that some of SUHAKAM’s informative materials and inputs were now in the modules as references and reading materials.

Teachers joyfully demonstrating the ‘Jaringan Kasih’activity from the Post PT3 Human Rights Module during the Training of Trainers on the module for the central region.
ANNUAL REPORT 2019 5 On 27 November, SUHAKAM met with the Institute of Teacher Education (IPG) to ensure that future teachers have the requisite human rights knowledge, in keeping with the then Education Minister’s aspirations.

At the meeting, it was mutually agreed that SUHAKAM be engaged in the review of IPG’s syllabuses early next year.

The IPG also agreed to cooperate in developing a human rights module for the educators.

C H A P T E R 1 3.
C H A P T E R 1 3.

HUMAN RIGHTS BEST PRACTICES (HRBP) IN SCHOOL WORKSHOP AND TRAINING OF TRAINERS ON POST FORM 3 ASSESSMENT (PT3 - PENTAKSIRAN TINGKATAN 3) / PRIMARY SCHOOL ASSESSMENT TEST (UPSR - UJIAN PENILAIAN SEKOLAH RENDAH) HUMAN RIGHTS MODULES In 2019, MOE consented to another 246 schools from all over Malaysia joining the Human Rights Best Practices (HRBP) in schools programme, in addition to the existing 222 schools.
SUHAKAM and MOE co-organised six workshops on HRBP to equip and update teachers from the new and existing schools, respectively, with knowledge of human rights and the HRBP programme.

The teachers were also trained in the implementation of the Post PT3/UPSR Human Rights Modules.

The regional workshops were as follows: i. ii.

iii.

iv.

v. vi.
Southern region (Johor, Negeri Sembilan, Melaka) from 2 - 4 July in Melaka Central region (Selangor, Kuala Lumpur, Putrajaya) from 15 – 17 July in Selayang, Selangor Northern region (Perlis, Kedah, Pulau Pinang, Perak) from 22 – 24 July in Pulau Langkawi, Kedah Eastern region (Kelantan, Terengganu, Pahang) from 6 – 8 August in Kuala Terengganu, Terengganu Sarawak from 18 – 20 September in Kuching Sabah from 24 – 26 September in Kota Kinabalu Most participants were Assistant Principals in-charge of Student Affairs.
The main objectives of the workshops and Training of Trainers (ToT) were to equip the participants with human rights knowledge; to plan the activities to be implemented under the HRBP Programme in their respective schools; to empower the participants to implement the Post PT3 / UPSR Human Rights Module for students; and, to appoint the participants as Principal Trainers (PT) for HRBP programmes at the district level.
6 SUHAKAM There were four sessions in the workshop namely Introduction to Human Rights and SUHAKAM; Introduction to HRBP in schools; and, Introduction to the Convention on the Rights of the Child (CRC).

The MOE delivered the fourth session, on school discipline.

In the ToT, participants were divided according to secondary and primary schools.

They had to demonstrate how they would implement the activities in the modules, coupled with explanations based on their understanding of the CRC.
In order to gauge the effectiveness of the workshops, the teachers took pre and post tests pertaining to human rights, the CRC and HRBP.
Figure 1: Participants’ Pre and Post Tests Average Scores by Workshop e g a t n e c e P n r i r e o c S e g a e v A r 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Pre-Test Post-Test 80% 80% 79% 79% 72% 72% 52% 55% 55% 60% 56% 56% Southern Region Central Region Northern Region Eastern Region Sabah Sarawak Workshop Figure 1 shows the average score of participants for each of the six workshops.

The results show that the teachers had a basic knowledge of human rights before participating in the workshop.
After attending the workshops, their knowledge increased between 10% -30%.

The participants gave positive feedback to the workshops, and they also suggested SUHAKAM organise sharing sessions among participants as a follow-up next year.

Some suggested that such workshops be held once or twice a year.
Participants raised the matter of financial constraints in implementing the HRBP programme in schools, including implementing the Post PT3 / UPSR Human Rights Module as some of the activities required the preparation of materials by teachers.
ANNUAL REPORT 2019 7 C H A P T E R 1 SUHAKAM Commissioners with some of the children who presented copies of the Human Rights Module to them and the MOE before it was launched by MOE’s Director of School Management Division, Dato’ Mohd Jamil Mohamed, in conjunction with the International Human Rights Day celebration on 10 December.

4.
4.

TRAINING OF TRAINERS FOR UNISEL LECTURERS The Memorandum of Understanding (MoU) signed between SUHAKAM and Universiti of Selangor (UNISEL) in 2017 provided for, among others, the introduction of a human rights course for UNISEL students as an elective subject.

To ensure that the lecturers have sufficient human rights knowledge, SUHAKAM conducted a Training of Trainers (ToT) course for about 20 lecturers from UNISEL’s Faculty of General Studies at its Shah Alam campus from 26 - 27 February.
The ToT was officiated by Commissioner Datuk Lok Yim Pheng and followed by a session on the ‘Introduction to Human Rights and the role of SUHAKAM’, ‘International Human Rights Treaties’, ‘Human Rights in the context of Malaysia’ and current human rights issues.

The 2-day ToT ended with a visit to the Bukit Jalil Immigration Detention Centre to expose the participants to the reality of being held in a detention centre and the relevant human rights aspects.
It was interesting to note that UNISEL started offering the human rights course in April 2019, and 34 diploma students were the first batch to take the course during the year.

8 SUHAKAM 5.

HUMAN RIGHTS WORKSHOP FOR ADMINISTRATORS OF TAHFIz SCHOOLS The Human Rights Workshop for the Administrators of Tahfiz Schools in the Federal Territory of Kuala Lumpur from 3 – 4 December 2018 was a success.
As such, SUHAKAM collaborated with the Selangor Religious Department (JAIS) and Persatuan Institusi Tahfiz Al-Quran Negeri Selangor (PITAS - Selangor Tahfiz Institutions Association) to conduct a similar workshop for tahfiz school administrators in Selangor from 22 – 23 April 2019 in Shah Alam.
Sixty administrators of tahfiz schools in Selangor attended the six sessions in the workshop which included ‘Introduction to SUHAKAM and Human Rights’ and ‘Introduction to the Convention on the Rights of the Child’ by SUHAKAM; ‘Building Safety Aspects’ by Selangor Fire and Rescue Department; ‘Health Aspects for Private Tahfiz Schools’ by the Selangor Health Department; ‘Excellent Tahfiz Administrator’ by PITAS; and, ‘Registration of Private Tahfiz Schools’ by JAIS.
Among the matters raised by the participants were: a. b.
The difficulty in registering their schools with the religious department for several reasons such as complicated registration procedures; the inability to fulfil the requirements set by the local council, in particular, concerning the land status; and objections by some local communities against the setting up of tahfiz schools in their respective area; and The bullying incidents in tahfiz schools and the need for the relevant authorities to provide financial assistance to install CCTVs in the schools, as well as developing a Standard Operating Procedure (SOP) to address the bullying problem.
6.

HUMAN RIGHTS WORKSHOP FOR JAKOA OFFICERS SUHAKAM organised a Human Rights Workshop in Seremban that was funded under the European Union grant from 28 April to 30 April 2019.

The 3-day programme was attended by 49 JAKOA officers.

It was aimed at increasing awareness and strengthening the understanding of human rights among JAKOA officers.

The workshop also served as a platform for participants to impart, receive and exchange views and knowledge on human rights matters.
Dr. Juli Edo, the new JAKOA Director General, attended the workshop.

ANNUAL REPORT 2019 9 There were eight sessions in total.
The first five covered “An Introduction to SUHAKAM”, “Introduction to Human Rights, UDHR and Core International Human Rights Instruments”, “Indigenous People’s Rights based on the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)”, “Introduction to the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW)”, and “Introduction to the Convention on the Rights of the Child (CRC)”.
The remaining sessions involved participants talking about the challenges they faced; a case study which was aimed at enhancing the application of human rights principles by JAKOA officers when dealing with Orang Asli matters; and a screening of a short film centred on Orang Asli issues.

C H A P T E R 1 During the workshop, participants raised concerns regarding the interchangeable use of the term “Orang Asli” and “Orang Asal”.
They highlighted that this misconception is prevalent amongst members of the public as well as certain government agencies, and in turn led many to perceive that JAKOA is responsible for the affairs of the Orang Asal communities in Sabah and Sarawak.

They then stressed the importance of identifying as well as making known the specific agency or body responsible for overseeing the affairs of the Orang Asal community to avoid this confusion in future.
In summary, the participants were curious, cooperative and engaging, which led to this programme being a success.

It garnered significant positive feedback from participants.

SUHAKAM plans to conduct similar workshops with JAKOA soon.

7.

HUMAN RIGHTS WORKSHOP FOR NATIONAL DRUG AGENCY (NADA) ENFORCEMENT OFFICERS SUHAKAM successfully organised a Human Rights Workshop for the directors of NADA’s rehabilitation centres in 2018.
During that workshop there was a suggestion by participants that such workshops also be conducted for NADA enforcement officials.

Following that, SUHAKAM met with NADA’s Deputy Director General (Operation), Dato’ Izhar Bin Abu Talib, on 24 April 2018.

That meeting resulted in a collaboration on a series of human rights workshops for NADA enforcement officials.
As a result, a three-day Human Rights Workshop for NADA Enforcement Officers in the Eastern region was successfully held from 23 to 25 September at Cherating, Pahang.

The 39 participants consisted of heads of NADA’s Enforcement division at district and state offices and officers-in-charge of lock-ups in Kelantan, Terengganu and Pahang.

10 SUHAKAM The workshop aimed to increase NADA officials’ understanding and expertise in human rights.

They shared information on international human rights standards.
They discussed policy, the facilities, welfare as well as the challenges faced by NADA - which can be stumbling blocks to respecting human rights in law enforcement.

They also identified steps to enhance human rights practices among NADA officers.

Apart from discussing the rights of detainees, the participants took the opportunity to underscore several critical issues concerning their rights, for example, the safety of NADA enforcement officers conducting raids and arrests.
They do not have safety gear such as bulletproof vests and batons, etc.

The officers also have to multitask because of a shortage of manpower at the district offices.

They also touched on the need for better facilities such as a proper office, detention room, printer, CCTV, file room and official cars.

SUHAKAM wrote to the NADA Director General in December highlighting the issues raised by the participants.
SUHAKAM urged NADA to ensure the right of NADA enforcement officials to a safe working environment with proper facilities, in accordance with Article 23 of the Universal Declaration of Human Rights (UDHR) and Article 7 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

8.

HUMAN RIGHTS WORKSHOP FOR DISTRICT CRIMINAL INVESTIGATION DIVISION CHIEFS IN THE EASTERN REGION Participants of the workshop and SUHAKAM trainers/secretariat after the close of the workshop.
Also present was SAC Azmi Bin Adam (front row, in the middle), Principal Assistant Director of Training Division, Bukit Aman’s Management Department.

ANNUAL REPORT 2019 11 Following a positive response from participants at the “Human Rights Workshop for District Police Officers in charge of Criminal Investigations (OCCIs)” in the Central and Northern region of Peninsular Malaysia as well as in East Malaysia, SUHAKAM conducted a similar workshop in the Eastern Region (Kelantan, Pahang and Terengganu).
The workshop was held from 4 to 6 November in Kuala Terengganu and was attended by 40 OCCIs.

The workshop focused on the use of force in law enforcement agencies, death in detentions and human rights principles.
C H A P T E R 1 During the workshop, the participants highlighted that many Investigating Officers (IOs) work with insufficient and inadequate equipment, for example, laptops, printers and paper, and official police cars etc., - and contend with the high expectations of the force’s top leaders and the public.

This situation puts pressure on the IOs and could affect their performance.
As such, they suggested SUHAKAM look into this matter in addressing the violation of human rights in the enforcement of laws.

The participants’ understanding/knowledge of human rights was gauged pre- and post-workshop.

There was a marked difference between the before and after scores.

The average pre-workshop score for correct answers was 75.2 %.

Whilst their post-workshop score was an average of 93.4%.

Throughout the workshop, the participants showed interest and engaged with the speakers.
The workshop provided a platform for SUHAKAM and the participants to exchange views on human rights and policing.

9.

HUMAN RIGHTS EDUCATION PROGRAMME AT UNIVERSITI UTARA MALAYSIA (UUM) On 15 October, SUHAKAM organised a Human Rights Education Programme at Universiti Utara Malaysia (UUM) as part of the activities under its 2-year-MoU with UUM.
The objectives of the programme were to enlighten the students on human rights and to provide a platform for them to discuss the roles that they can play in promoting and protecting human rights.

There were 70 from UUM’s School of International Studies (SoIS), 10 Form Four students from SMK Bandar Baru Sintok and 10 Form Six students from SMK Changlun in the programme.

The programme was divided into two parts namely a briefing on SUHAKAM and human rights, and a group discussion.
The students were asked to discuss their roles as students in promoting and protecting human rights.

Each group then presented the outcomes of their discussion.

The students suggested utilising social media platforms such as Twitter and 12 SUHAKAM Instagram to promote human rights, especially to their followers.

They said they could be vigilant of human rights abuses and report them to the authorities and SUHAKAM.
They added that they could elect pro- human rights leaders or representatives; educate youngsters on human rights through social responsibility programmes; and, form human rights clubs in their schools and universities.

The students shared their opinions during the discussion and answered the questions posed by the speakers.

Among the issues they raised were the Malaysian government’s stance on the death penalty and corporal punishment, and freedom of religion.
They also touched on the measures taken by the United Nations (UN) on countries that violated human rights and the ineffectiveness of the UN system.

10.

INVITATION TO DELIVER HUMAN RIGHTS TALK AND TRAINING In 2019, SUHAKAM received several invitations from government agencies and other organisations to deliver talks and training on specific and general human rights topics.

The details of the sessions are as in the Table 1.


Table 1: List of ad-hoc human rights talks and training in 2019 Date 23 January 29 January Venue Sime Darby Office, Ara Damansara, Selangor.

Penor Prison, Kuantan, Pahang.

19 February Police Training Centre, Kuala Lumpur.

No.

1.

2.

3.

Topic Half-day human rights talk to Sime Darby officers organised by Sime Darby.

Human Rights training for prison officials at Penor Prison organised by Penor Prison.
Human Rights talks on ‘The Roles of the Commission in Human Rights issue in Malaysia’ and ‘Current Human Rights Issues’ for the Police Basic Training Programme under the Inspector Cadet Basic Course No.

4, series 3/2018 organised by Royal Malaysia Police.

ANNUAL REPORT 2019 13 No.

4.

Topic Human Rights and Corruption Seminar for Salcon Engineering Bhd.

organised by Salcon Engineering.

Date 13 March Venue Salcon Office, Subang Jaya, Selangor.

C H A P T E R 1 5.

6.

7.

8.

9.

10.

11.

12.

13.


One-day Human Rights Training under the Basic Certificate Course on Prison Administration 01/2019 organised by the Prisons Department.

One day Human Rights Training under the Basic Certificate Course on Prison Administration 01/2019 organised by Prisons Department.

Right to Safety and Anti- Bully talk at MRSM Kulim organised by MRSM Kulim.

Briefing on HRBP for Officers of State Education Departments organised by the Ministry of Education.
Human Rights talk on “Paralegal Training for Orang Asli Group in Perak”.

Training and Module Development for Orang Asli Learning Centres Human Rights talk for students at MRSM Tun Ghazali Shafie.

Course for Orang Asli: Rights and Legal Issues 3 April 4 April Training Centre for Prison Officers (PULAPEN), Taiping, Perak.

Prison Training Centre for South Region (PULAWIS), Kluang, Johor.

19 April MRSM Kulim, Kulim, Kedah.

25 April Klang, Selangor.

8 May Gerik, Perak.

21 – 23 June Kuala Lipis, Pahang.


24 June MRSM Tun Ghazali Shafie, Kuala Lipis, Pahang.

9 – 10 July ILKAP, Bangi, Selangor.

Sexual Health Education talk to Orang Asli children.

19 October Kg.

Paya Mengkuang, Temerloh, Pahang.

14 SUHAKAM No.

14.

15.

16.

17.

18.

Topic Talks on ‘Death in Custody’ and ‘Introduction to Mandela Rules’ at the Detention in Security Operation Course organised by the Centre for Military and International Humanitarian Law (CoMIHL).
Human Rights talk for Officers in-Charge of Police at District (OCPDs) at the Biennial Seminar for OCPDs 2019 organised by Royal Malaysian Police (PDRM).

Human Rights talk for officials of the Institute of Teacher Education.

Talk on UNDRIP at ‘Indigenous Customary Land Protection Local Action Groups Gathering’.

Talk on SUHAKAM and Human Rights Instruments for Universiti Malaya students under the Workshop on Human Rights Activism organised by SUARAM.
Date 24 October Venue National Defence University of Malaysia, Sungai Besi, Kuala Lumpur.

30 October Police Training Academy, Cheras, Kuala Lumpur.

1 November Cyberjaya 2 November Ladang CARE, Chenderiang, Perak.

16 November Social Science Faculty, University Malaya.

Delegations from local and international universities, who were interested to know about SUHAKAM and its role in promoting and protecting human rights in Malaysia, came to visit SUHAKAM at its office.
The delegations comprised students from UiTM Sarawak, Samarahan campus, on 21 February; RMIT University, Australia, on 13 June; and, student interns from the Kuala Lumpur Legal Aid Centre on 27 August.

ANNUAL REPORT 2019 15 C H A P T E R 1 B.

PROMOTION AND OUTREACH 1.


REGIONAL DIALOGUE ON MALAYSIA’S ACCESSION TO UNCAT AND SIDE-EVENTS Following a series of programmes on Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) held in 2017 and 2018 with Malaysian key stakeholders, SUHAKAM recognised the need to explore best practices of other states in overcoming obstacles leading to the accession of UNCAT at the domestic level.
Against this backdrop, SUHAKAM, with funding from the European Union (EU), hosted a regional dialogue on UNCAT on 8 July in Kuala Lumpur.

This dialogue was aimed at sharing best practices on the accession and implementation of UNCAT among relevant ASEAN and OIC member states by regional and international experts.
This dialogue was officiated by YB Mohamed Hanipa Maidin, Deputy Minister in the Prime Minister’s Office (Law), and participated by representatives from Malaysian government agencies, civil society organisations (CSOs), National Human Rights Institutions (NHRIs), academics, medical practitioners, as well as religious communities.

Among the key issues and recommendations they made were that: i. ii.

iii.

iv.
iii.

iv.

v. Malaysia should emulate Islamic countries like Indonesia and Morocco that have made progress in their anti-torture efforts through the development of a torture prevention mechanism, or the introduction of an anti-torture law domestically.

The assumption that Islam and UNCAT are not compatible should not be a hindrance for Malaysia to ratify or accede to the Convention and to advance the human rights agenda within the country.

This is because Islam forbids torture and cruelty.


The government should study the compatibility of existing domestic laws with UNCAT and amend as necessary, or legislate new laws to give effect to the principles of UNCAT.

Legislation is a crucial step towards effective implementation of the Convention.

That the long-standing issue of overcrowded prisons should be looked into as it could potentially give rise to incidents of torture and/or ill- treatment in places of detention.
That it is necessary for anti-torture advocates to create positive narratives is unacceptable to the general public who, by the influence of culture may possibly perceive torture to be acceptable.

to effectively portray in Malaysia torture that 16 SUHAKAM vi.

A legal framework alone would not suffice in preventing torture if not implemented.

It is essential for the implementation measures, which can be done via training and procedural safeguards established within enforcement agencies.

vii.
vii.

Human rights training for enforcement officers should extend beyond general human rights training and include training on how to conduct investigative interviews as a method of interrogation.

viii.

It is vital for SUHAKAM as NHRI to buttress its working relations with government agencies ill-treatment practices though an MoU and other agreements as was done by the Indonesian NHRI.

in preventing torture and ix.


That CSOs may further their advocacy by submitting reports to the UN Committee against Torture (CAT Committee) during the reporting period.

It is also important for CSOs to establish good relations with Parliament for strengthening lobbying efforts.

x.
x.

Government agencies, NHRIs and CSOs in need of capacity-building should seek assistance from the Office of the High Commission of Human Rights for training on international treaties, processes of ratification or accession and certain financial aid.

Regional Dialogue on Malaysia’s Accession to UNCAT on 8 July.

ANNUAL REPORT 2019 17 SUHAKAM found it an opportune time to launch its “Cartoonists against Torture” art exhibition in conjunction with the regional dialogue which was also funded by the EU.
The exhibition displayed a collection of artworks by cartoonists, both locally and internationally.

SUHAKAM employed art as a creative medium to convey positive narratives of the Convention and the unacceptable nature of torture and ill-treatment, after realising the importance of utilising various channels to raise awareness.

C H A P T E R 1 Launch of ‘Cartoonists Against Torture’ art exhibition on 8 July.
After the dialogue, SUHAKAM also facilitated a high-level meeting between CAT Committee Member Mr Abdelwahab Hani, and resource persons from Morocco, Indonesia, the Convention against Torture Initiatives (CTI) and the Association for the Prevention of Torture (APT), for an exchange of views on 10 July on the accession and implementation of UNCAT.
SUHAKAM also hosted a workshop on the Optional Protocol to the Convention Against Torture (OP-CAT) and National Preventive Mechanism (NPM) which was facilitated by the APT’s representative.

This workshop was attended by SUHAKAM staff members as well as representatives from the Legal Affairs Division of the Prime Minister’s Office (BHEUU) and the Integrity and Standard Compliance Division (JIPS) of the Royal Malaysia Police.

18 SUHAKAM 2.
18 SUHAKAM 2.

PUBLIC OUTREACH AND ENGAGEMENT a) SUHAKAM Bersama Masyarakat (SBM - meet the people) Programme During the year, SUHAKAM reached out to specific community groups such as fishermen, plantation communities and rubber smallholders with cooperation from the Federal Land Development Authority (FELDA), Fisheries Development Authority of Malaysia (LKIM), and Rubber Industry Smallholders Development Authority (RISDA).

SUHAKAM conducted a series of six SBM sessions: i. ii.

iii.

iv.

v. vi.
Plantation community in FELDA Kampung Soeharto, Selangor (6 March) Group of fishermen in Port Dickson, Negeri Sembilan (10 April) Group of fishermen in Tumpat, Kelantan (19 August) Plantation community in FELDA Mempaga, Raub, Pahang (17 October) Rubber smallholders in Segamat, Johor (30 October) Rubber smallholders in Baling, Kedah (29 November) Issues of concern The following were the key issues raised by the participants: i. FELDA settlers The settlers were generally dissatisfied that the current administration did not fulfil its manifesto pledge to provide for the welfare in the form of specific financial assistance.
The settlers also expressed concern over the delay on the part of the agency (FELDA) in paying them their monthly special cash advances.

The delay has caused much hardship to many of the settlers and their families.

These advances consist of a living allowance and ‘pendahuluan hasil’ (harvest advance), both of which came in the form of a loan to FELDA settlers under the replanting programme.
These delayed payments, coupled with the decline in oil palm revenue, made the repayment of loans a burden for the settlers.

The settlers also highlighted their right to be informed of the outcome of the investigation report into the alleged financial mismanagement by FELDA.

They expressed their hope the government would speed up the investigation process so all settlers ANNUAL REPORT 2019 19 could obtain a clear explanation about the root cause of the issues faced by FELDA.

ii.
ii.

Repayment of FELDA’s oil palm replanting loan Participants voiced their concern over the repayment of a loan scheme for oil palm replanting offered by the government to oil palm planters or smallholders.

Many of them, especially the older ones, were afraid they would be heavily indebted by taking up such a loan in view of their age and the decreasing price of palm oil.

iii.
iii.

The impact of mining and quarrying activities The participants from FELDA Tersang expressed their concern over gold mining activities carried out in Tersang, Raub.

They feared it would harm both the environment and the local community.

C H A P T E R 1 Participants from Baling had similar concerns regarding quarry activities taking place in Kupang.

The quarrying had resulted in water erosion and landslides, raising safety concerns for the environmental and nearby residents.

iv.
iv.

The impact of declining commodities price The participants from the plantation sector, including rubber smallholders and FELDA settlers, were concerned over the declining prices of commodity particularly palm oil and rubber.

This directly impacted their livelihood in the face of the rising cost of living.

They called upon the government to undertake immediate action to mitigate this issue and to provide aid to the affected groups particularly the smallholders who are mostly the low-income earners.
v. Welfare of fishermen The fishermen expressed their unhappiness over the government’s action to reduce their living allowance from RM300.00 to RM200.00.

They also raised their concerns regarding the burden shouldered by fishermen whose fishing boats are licensed under categories C1 and C2, due to the increased fuel price.

Although LKIM provided fuel subsidies to reduce their operation cost, it was disbursed regardless of the size or category of their fishing boats.
The fishermen were hopeful that the government would regularly review the fuel subsidy rate according to the current economic situation in the country.

20 SUHAKAM vi.

The Malaysian Vision Valley (MVV) 2.0 Development Project The Port Dickson fishermen expressed their objection to the MVV 2.0 development project by the Negeri Sembilan state government.
It was their understanding that the project would involve the reclamation of approximately 8,000 hectares of coastal land from Chuah towards Batu 4, Port Dickson.

They were fearful it would have a negative impact on both the environment and the livelihood of the local fishing community.

The project developer had previously conducted a briefing on the project, but the information provided was not comprehensive.
Hence, the fishermen called upon the government to ensure relevant information concerning the project, including the proposed infrastructure plan, is fully shared with the local community.

vii.

Access to education The participants were concerned about the plight of stateless and undocumented children in Malaysia.

One major issue faced by these children is the denial of their basic right to education due to the absence of identification documents such as birth certificate and identity card.
The participants hoped that the government would address this issue towards ensuring that these children could receive proper education in Malaysian schools.

The participants also highlighted their concerns over the quality and standard of education received by children in Tumpat.

They asked whether efforts would be made by relevant stakeholders to improve the performance of school children in Tumpat, and bring them on par with those in urban schools.

viii.
viii.

Access to adequate and clean water Participants from FELDA Tersang, Pahang, and Baling, Kedah, voiced their concerns over the recurring disruptions in water supply, causing them great inconvenience and difficulties.

Another concern raised was access to clean water.

Whilst the Poverty Line Income (PLI) reflects a low rate of poverty in Malaysia, the reality on the ground is that there are still indigenous communities who do not have access to clean water.

ANNUAL REPORT 2019 21 ix.


Basic rights of drug offenders Participants raised the issue of drug offenders’ right to vote and ex-drug offenders’ right to employment.

In response to the former, an Election Commission (EC) representative explained that every individual, including prisoners and those who convicted of drug offences, has the right to vote.

However, in the absence of a proper mechanism and for security reasons, they were not allowed to leave their cells to cast their votes.
C H A P T E R 1 There was also concern about the obstacles faced by former drug offenders in securing a job although they have undergone a drug rehabilitation programme because of negative perceptions of society.

SUHAKAM delegation with fishermen in Port Dickson, Negeri Sembilan on 10 April.

b) Exhibitions SUHAKAM held 28 exhibitions at various events hosted by SUHAKAM and other organisations.

The details of the exhibitions are in Table 2.

22 SUHAKAM No.

1.
22 SUHAKAM No.

1.

Table 2: List of exhibitions participated by SUHAKAM in 2019 Date Organiser Detail 11 January Office of the Chief Registrar of the Federal Court of Malaysia This was held in conjunction with the ‘Opening of the Legal Year 2019’ programme at Putrajaya.

2.

20 January Tropicana Residents’ Association Petaling Jaya 3.

23 January Sime Darby Properties 4.

6 March SUHAKAM 5.

18 March SUHAKAM 6.

23 March SUHAKAM 7.

30 March HELP University 8.


10 April SUHAKAM This was held in conjunction with Tropicana Residents’ Association programme titled ‘TRA Bazaar’ at Tropicana Golf and Country Resort, Petaling Jaya.

This was held in conjunction with Sime Darby Property programme ‘Lunch and Learn: Business and Human Rights’ at Ara Damansara, Petaling Jaya.

This was held in conjunction with ‘SUHAKAM Bersama Masyarakat’ programme at FELDA Soeharto, Hulu Selangor, Selangor.
This was held in conjunction with ‘Seminar on Disabled- friendly Places of Worship’ programme in Kuala Lumpur.

This was held in conjunction with ‘2019 Judicial Colloquium: Applying International Human Rights Principles/Norms in Judicial Processes’ programme in Kuala Lumpur.

This was held in conjunction with HELP University programme ‘The 2nd Tan Sri Dato’ Seri Dr Abdul Malek Law Students’ Conference 2019’ programme at Subang Bestari, Selangor.
This was held in conjunction with ‘SUHAKAM Bersama Masyarakat’ programme in Port Dickson, Negeri Sembilan.

ANNUAL REPORT 2019 23 Organiser Details No.

9.

Date 28 April 10.

17 May Neighbourhood Watch Area (KRT), Seri Negeri Sembilan Public Housing, Bandar Baru Sentul Department of Women Development 11.

24 June SUHAKAM 12.

25 June Department of Women Development 13.

8 July SUHAKAM 14.

5 – 6 August 15.


9 – 10 August Council for Anti-Trafficking in Persons and Anti-Smuggling of Migrants (MAPO) & Joining Hands Against Modern Slavery (JHAMS) Jaringan Kampung Orang Asli Pahang (JAKOAP) C H A P T E R 1 This was held in conjunction with the ‘Drug Prevention and Smoking Risks Awareness’ programme in Kuala Lumpur.

This was held in conjunction with the programme titled ‘Authorities Helping Women’ in Kuala Lumpur.
This was held in conjunction with the programme titled ‘National High-Level Dialogue on Business and Human Rights’ in Putrajaya.

This was held in conjunction with ‘YB Hannah Yeoh, Deputy Minister of Women, Family and Community Development’s Dialogue Session with Single Mothers and the Authority with Women Programme’ in Kuala Lumpur.

This was held in conjunction with the programme titled ‘Regional Dialogue on Malaysia’s Accession to the UNCAT in Kuala Lumpur.
This was held in conjunction with the programme titled ‘1st National Conference on Anti- Trafficking in Persons 2019’ in Kuala Lumpur.

This was held in conjunction with the JAKOAP’s programme titled ‘Celebration of the World Indigenous Peoples Day, Pahang State Level’ at Bera, Pahang.

24 SUHAKAM No.

16.

Date Organiser Details 19 August SUHAKAM 17.

25 August 18.

3 September Taman Subang Mas Residents Association International Organization for Migration (IOM) and SUHAKAM 19.

12 September SUHAKAM 20.


14 – 15 September 21.

14 – 15 September 22.

6 October Association of Orang Asli Perak and Department of Orang Asli Development (JAKOA) Education Department of Klang District 23.

7 – 8 October The Institute of Internal Auditors Malaysia (IIAM) This was held in conjunction with ‘SUHAKAM Bersama Masyarakat’ programme at Tumpat, Kelantan.
This was held in conjunction with the ‘Taman Subang Mas’ programme’ in Subang Jaya, Selangor.” This was held in conjunction with the programme titled ‘National Forum on Forced Labour and Human Rights’ in Kuala Lumpur.

This was held in conjunction with SUHAKAM’s ‘20 years of SUHAKAM and Way Forward’ programme in Kuala Lumpur.

This was held in conjunction with the programme titled ‘The National Celebration of the World Indigenous Peoples Day’ at Tapah, Perak.
This was held in conjunction with the programme titled ‘Anti-Bullying Run and the Launch of National Sports Month’ at Pelabuhan Klang, Selangor.

This was held in conjunction with the programme titled ‘Institute of Internal Auditors Malaysia National Conference 2019’ at Kuala Lumpur.

Malaysian Institute for Debate and Public Speaking (MIDP) and SUHAKAM This was held in conjunction with the programme titled ‘Weekend of Knowledge Evolution 2019’ at Petaling Jaya, Selangor.

ANNUAL REPORT 2019 25 No.

24.


Date Organiser Details 10 October Ahmad Ibrahim Kulliyyah of Law, International Islamic University Malaysia (IIUM) This was held in conjunction with the programme titled ‘AIKOLFEST2019’ at IIUM Gombak Campus.

C H A P T E R 1 25.

17 October SUHAKAM 26.

15 – 16 November SUARAM 27.

29 November SUHAKAM 28.

10 December SUHAKAM This was held in conjunction with ‘SUHAKAM Bersama Masyarakat’ programme at Felda Wilayah Mempaga, Raub, Pahang.
This was held in conjunction with ‘Youth Internet Governance’ Forum (YIGF) at University of Malaya.

This was held in conjunction with ‘SUHAKAM Bersama Masyarakat’ programme at Baling, Kedah.

This was held in conjunction with the 2019 Human Rights Day celebration at Kuala Lumpur.

3.

EMPOWERMENT OF YOUTH SUHAKAM continued its “Youth for Rights” programme that aimed at raising awareness of human rights among youths and their important role in promoting and protecting human rights in the country.
During the year, SUHAKAM reached out to a total of 1,052 youths from different local universities, colleges and uniformed bodies through talks to raise awareness, camps and lectures.
SUHAKAM conducted a series of seven “Youth for Rights” awareness talks for students of five local universities and youth members of two uniformed organisations, namely Scouts Association of Malaysia and the Malaysian Red Crescent Society as summarised in Table 3 below: 26 SUHAKAM Table 3: List of universities/colleges/uniformed bodies that participated in SUHAKAM’s “Youth For Rights” programmes in 2019 No.

Date Universities/Colleges/Uniformed Bodies Venue 1.

2.

3.

4.

5.

6.

7.
30 January Universiti Teknologi MARA (UiTM) Alor Gajah Campus Melaka 23 June The Scouts Association of Malaysia 17 July Jeli Community College Cheras, Kuala Lumpur Jeli, Kelantan 20 July 31 July Universiti Teknologi Petronas Perak Pasir Gudang Community College Pasir Gudang, Johor 19 September Malaysian Red Crescent Society Kuala Lumpur 25 September INTI International University and Colleges Nilai, Negeri Sembilan SUHAKAM collaborated with Universiti Utara Malaysia (UUM) and Universiti Malaysia Sarawak (UNIMAS), respectively, to organise “Youth For Rights” camps for student leaders from universities and colleges in the Northern zone and in the state of Sarawak.
The details of these camps are in Table 4.

Table 4: “Youth For Rights” camps held in 2019 Date Venue Details No.

1.

27–28 April UUM campus, Sintok, Kedah 2.

12 – 13 October UNIMAS campus, Kuching, Sarawak This programme was led by SUHAKAM’s Secretary Dr Cheah Swee Neo and participated by 38 student leaders from the universities/colleges in Northern zone of Malaysia.
This programme was led by Commissioner Datuk Lok Yim Pheng and participated by 47 student leaders from seven universities and colleges in Sarawak.

SUHAKAM was invited to deliver lectures on human rights by three universities, as presented in Table 5.

ANNUAL REPORT 2019 27 No.

1.

2.

3.


Table 5: Human rights lectures delivered by SUHAKAM in 2019 Date 14 May 4 June Universities Venue INTI International University and Colleges HELP College of Arts and Technology Subang Jaya, Selangor Cheras, Kuala Lumpur C H A P T E R 1 18 September Monash University Malaysia Bandar Sunway, Selangor ‘Youth for Rights’ session with members of The Scouts Association of Malaysia on 23 June.

4.
4.

AWARENESS OF WOMEN’S RIGHTS SUHAKAM conducted two programmes on women’s rights for officials in Johor State Education Department and female inmates in Alor Setar Prison, respectively on 20 November and 9 December.

Commissioner Datuk Lok Yim Pheng led these programmes.
The main objectives were to promote greater awareness of women’s rights as enshrined in the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), as well as to provide a platform for deliberation on issues pertaining to women’s rights in Malaysia.

Among the key issues and recommendations derived from the sessions were: 28 SUHAKAM i.
Discrimination at the workplace The participants highlighted the issue with regard to the discriminatory practice in the hotel and retail sectors in barring Muslim female staff particularly those serving the front desk from wearing hijab at the workplace.

The participants recommended the following: • • The government should review the Employment Act 1955 to eliminate all forms of discrimination at the workplace so as to protect the rights of all workers.
The government should collaborate with SUHAKAM and non- governmental organisations (NGOs) to raise greater awareness of women’s rights among all sectors in Malaysia.

ii.

Sexual Harassment The participants said that many sexual harassment cases, particularly those occurring in the workplace, were unreported because victims did not understand what constitutes sexual harassment.

They were also fearful of repercussions from the perpetrator or their employer.
They suggested the following actions: • • • The government should provide appropriate platforms or mechanisms for victims to lodge complaints of sexual harassment.

Authorities should conduct advocacy programmes to educate the public on sexual harassment and the repercussions if these matters are not properly addressed.

The government should ensure full enforcement of existing laws to protect victims of sexual harassment and to ensure effective implementation of CEDAW principles at the domestic level.
iii.

Gender inequality The participants highlighted the gender gap in promotions and pay.

Women are less likely to be promoted to senior positions and are paid at a lower rate than men in the workplace.

Furthermore, women also experience workplace bullying and are requested to take on heavy workloads which may adversely affect their overall well-being, particularly their health.
In order to mitigate these issues, the participants opined the need for the government to consider the following: • To address the disparity in opportunities for women and men at work by ensuring that senior leadership roles are granted to deserving candidates, irrespective of their gender.
ANNUAL REPORT 2019 29 C H A P T E R 1 • • To reduce the pay gap between women and men in all sectors by promoting an equal pay structure that takes into consideration work experience of all workers, irrespective of their gender.

To ensure equitable distribution of workload by all organisations.

iv.

Access to employment and livelihood Female inmates highlighted the barriers to employment for ex- convicts.
While they applauded the Prisons Department for providing vocational training for inmates inside the prison, they were concerned about the difficulties in securing employment or a decent job because many employers refuse to hire individuals with criminal records.

Hence, they suggested that the government look into ways of improving job placements for former inmates as well as provide them with small grants for business start-ups.
This will enable them to secure a livelihood utilising the skills they acquired through the prison’s vocational training programme.

Gender-based stigma against female offenders v. While the stigma of incarceration presents challenges to both male and female offenders in their paths to reintegration, female inmates felt that the social stigma attached to them was greater compared to male offenders.
In addition, female offenders who commit drug-related offences tend to face double stigma of being a drug user and having a record of incarceration, with some being disowned by their families.

Such stigmatisation makes it more difficult for female ex-offenders to re-integrate into family and community.
Hence, specialised programmes and mental healthcare for female inmates, particularly those with history of substance abuse should be included as part of the prison’s rehabilitation and social integration programmes.

SUHAKAM welcomes the Prison Department’s initiative to provide a ‘halfway house’ that acts as a temporary home for newly released ex- offenders who do not have families or were rejected by their families.
The halfway house also provides emotional support to assist former offenders to re-integrate into the community.

Nevertheless, SUHAKAM notes that currently there are only 13 halfway houses throughout Malaysia, including Sabah and Sarawak.

This is inadequate to accommodate the large number of prisoners released each year.
SUHAKAM recommends that the government work with various stakeholders to expand the number of halfway houses as well as to 30 SUHAKAM include rebuilding of the relationship between the families and former offenders in the Prison Department’s post-release programme.

vi.

Limited access to basic hygiene needs of inmates The female inmates highlighted the lack of basic hygiene essentials such as soap, toothpaste and toothbrush, and sanitary towels.
Most of the time, there was an insufficient supply of these essentials to meet the needs of female inmates.

SUHAKAM sees the need for government to increase the supply of hygiene essentials, as specified in Article 15 of the Standard Minimum Rules for the Treatment of Prisoners that “Prisoners shall be required to keep their persons clean, and to this end they shall be provided with water and with such toilet articles as are necessary for health and cleanliness”.
SUHAKAM also recommends that the Prisons Department includes training on gender-sensitivity and the specific needs of female inmates in a holistic manner in the administration of its prisons.

THE WAY FORWARD SUHAKAM will continue to intensify the implementation of its statutory mandate to promote and provide education on human rights in Malaysia as part of its efforts to strengthen respect for and encourage public discourse on human rights in Malaysia.
Capacity building courses for professionals and public outreach programmes are in the works.

The key initiatives include an engagement with the Conference of Rulers to raise awareness of children’s rights, meetings with the Ministry of Home Affairs, Members of Parliament and representatives of State Assemblies to campaign for Malaysia’s accession to the UNCAT, youth leader programmes and human rights public service announcements.
ANNUAL REPORT 2019 31 C H A P T E R 1 1.2 LAW & POLICY ADVISORY OVERVIEW SUHAKAM continued to review various laws and made recommendations for reform based on international human rights standards through its Law and International Treaties Division (LITD), in line with its mandate under the SUHAKAM Act.
SUHAKAM continued to be consulted and invited to serve as members of governmental committees tasked to draft, study and make recommendations on law reform, including on sexual harassment, gender equality, and the abolition of the mandatory death penalty.

SUHAKAM also continued to engage with courts, government agencies and civil society to consider their views in formulating informed recommendations.
SUHAKAM will continue to push for the reform agenda under the SUHAKAM Act so that it comes into force without further delay.

Through the Economic, Social and Cultural Rights Division, SUHAKAM looks at how a human rights-based approach to policies can have a positive impact on the enjoyment of human rights.
The Division has a specific focus on business and human rights, the rights of indigenous peoples, the rights of sexual minorities, poverty and the right to housing in the overall promotion of economic, social and cultural rights in Malaysia.

1. REVIEW OF LAWS SUHAKAM continues to carry out its mandate to monitor and promote effective implementation of international human rights standards at the national level through its review of laws.
In 2019, SUHAKAM was consulted in the policy formulation, drafting and/or review to varying degrees in the following: i.

Sexual Harassment Bill ii.

Anti-Discrimination Against Women Bill iii.

Ombudsman Malaysia Bill 32 SUHAKAM iv.

Independent Police Complaints and Misconduct Commission Bill 2019 v. National Financial Crimes Centre Bill 2019 vi.

Amendments of Trade Unions Act 1957 (see Chapter on Workers) vii.

Amendments to the Industrial Relations Act 1967 (see Chapter on Workers) viii.
Domestic Employees Regulations (see Chapter on Workers) ix.

Proposed Withdrawal of Amendments to Employment Act 1967 concerning Pre-Employment Discrimination (see Chapter on Workers) Recommendation SUHAKAM commends the government for increasingly consulting with SUHAKAM in the law reform process.

SUHAKAM trusts that this practice of good governance continues, in line with SUHAKAM’s statutory role of advising and assisting the government in the formulation of laws and policies.
However, SUHAKAM hopes that the engagement occurs earlier.

That it is more meaningful and is on a broader scope of laws and policies, including emerging human rights issues such as climate change, ageing and technology.

2.

ENGAGEMENT WITH THE JUDICIARY a) Judicial Colloquium The Judiciary, as one of the three branches of government, plays an integral role in the promotion and protection of human rights, and ultimately the fulfilment of Malaysia’s international obligations.
It can fulfil such a role mainly through the application of the Universal Declaration of Human Rights (UDHR) principles and international human rights normative standards in the judicial process.
To this end, SUHAKAM - in collaboration with UN agencies in Malaysia and with the support of the Malaysian Judiciary - organised a judicial colloquium themed “Applying International Human Rights Principles and Norms in the Judicial Process.” The objectives were to: • • Create a platform for judges to impart and exchange views and knowledge on human rights and its application in the administration of justice; Discuss the application of international human rights treaties and instruction in the context of the administration of justice in Malaysia; ANNUAL REPORT 2019 33 • • Share best practices on how to apply international human rights principles and standards in the context of the Malaysian legal system; and Create a strong network between SUHAKAM, the UN in Malaysia and the Malaysian Judiciary for continued collaboration in the area of human rights.
C H A P T E R 1 The colloquium was attended by 122 judges from all levels of the Malaysian courts and senior judicial officers.

The colloquium consisted of four closed-door sessions: i. Normative Dimensions of Human Rights and the Rule of Law as the Overarching Principle in Human Rights Protection In this session, the discussion focused on the various sources of international human rights law and how principles in these sources could be applied by the judiciary in deciding cases.
Participants proposed that the Malaysian judiciary should adopt a human rights- based approach in exercising judicial reasoning.

ii.

Applying Human Rights Principles in Court – Sharing Best Practices and Case Studies On the application of international treaties, the colloquium discussed the challenges faced by the Malaysian judiciary in applying human rights in court decisions.
Even though judges do not directly refer to international treaties, the spirit of some judgments have been in line with international human rights principles.

Judges were encouraged to incorporate and apply human rights principles in their weighing and decisionmaking.

Further, the colloquium also highlighted that the real value of international laws lies in its domestic application.
Therefore, the absence of national laws to incorporate Malaysia’s treaty obligations should not deter the courts from applying or referring to international human rights law in their judgment, especially customary international law.

iii.

Human Rights & Freedom of Information – Role of the Judiciary in Striking a Balance The issue of online hate speech and the approach to be taken by the judiciary were discussed.

They looked at examples of how freedom of expression is protected at the international level.
They talked at length about the three-part test for permissible restriction on freedom of expression.

According to the test, the restriction must 34 SUHAKAM be prescribed by law, is necessary and also proportionate to achieve the legitimate aims of safeguarding the reputation of others, national security, public order, public health or morals.

iv.
iv.

The Role of the Judiciary in Promoting Non-Discrimination The situation in Malaysia relating to gender-based discrimination and the word “gender” in Article 8(2) of the Federal Constitution was discussed.

Participants also discussed the role of the courts in dealing with cases related to racial discrimination as racial tensions are now on the rise, especially on social media.

Among the best practices shared were those from Australia.
The Australian federal courts have applied the principles of major human rights treaties in domestic laws, even though Australia has yet to ratify them.

On 14 October 2019, a SUHAKAM delegation led by the chairman called on the new Chief Justice of Malaysia, The Right Honourable Tan Sri Tengku Maimun Tuan Mat.

SUHAKAM is grateful for Her Ladyship’s support of SUHAKAM’s constant engagement with judges and judicial officers on human rights issues through the colloquium.
Next year, SUHAKAM is planning to organise regional judicial colloquiums with syariah judges on the promotion and protection of human rights in the Syariah Courts.

To this end, SUHAKAM would welcome engagements with key actors in the syariah circuit.

b) Watching Brief in Courts Since 2011, SUHAKAM has held watching briefs in cases involving several human rights issues.
SUHAKAM is obliged to the courts for allowing SUHAKAM to do so in the following cases and on the following issues: – freedom of • • • • • – citizenship application for stateless child Rosliza binti Ibrahim v State Government of Selangor religion Re Liew Shin Mei Muniandy s/o Veeran & Anor v Zainal Abidin bin Mohd Ismail to life for persons with disabilities YB Karpal Singh appeals speech Inquest into Muhammad Adib Mohd Kassim’s death – and security – judicial misconduct and freedom of the right to life – right ANNUAL REPORT 2019 35 C H A P T E R 1 • • • Attorney-General v Arunachalam Kasi Noreda binti Mohd Nor v Kerajaan Malaysia to education Inquest of Soosaimanickam s/o Joseph death freedom from torture – freedom of speech – disabled child’s right – right to life and In this regard, SUHAKAM is grateful to the following members of the Malaysian Bar who have represented SUHAKAM in these cases pro bono: • • • • • • • • • • • • • Mr. Mansoor Saat Mr. Cyrus Tiu Foo Woei Mr. Collin Andrew Mr. Dennis Micheal Pereira Mr. Nizam Bashir Abdul Kariem Bashir Mr. Mahajoth Singh s/o Darshan Singh Mr. Louis Liaw Vern Xien Mr. Ivanpal Singh Grewal Mr. Derrick Chan Ms. Maha Ramakrishnan Ms. Siti Zabedah Kasim Ms. Nanneri Nanggal Vengadasalam Ms. Kavitha d/o Sitartha Raja Kumaran Next year, SUHAKAM plans to hold watching briefs and to assist the Syariah Courts in cases involving human rights issues, as well as the civil courts.
Recommendation The Malaysian judiciary – civil and syariah – is key to the fulfilment of Malaysia’s human rights obligations, and significantly contributes to the respect for human rights in Malaysia.

SUHAKAM is keen to assist both the civil and syariah courts, especially with the application of human rights standards, to ensure access to justice and to protect fundamental liberties for all.
In this regard, SUHAKAM would also welcome cases, particularly those involving complex or emerging human rights issues from the Malaysian public.

36 SUHAKAM THE WAY FORWARD SUHAKAM remains committed and ready to advise and assist the government in terms of ensuring aspects of human rights principles are considered and incorporated in the various laws being reformed, amended or formulated.
The government has demonstrated some move towards greater engagement and being more inclusive in taking forward the human rights agenda with the formation of the Parliamentary Select Committee on Gender Equality and Human Rights.

In October 2019, the committee was split into two - a Special Select Committee on Human Rights and Constitutional Affairs and a Special Select Committee on Gender Equality and Family Development.
SUHAKAM hopes it will have the opportunity to engage with these Select Committees, which function as a check-and-balance mechanism of executive actions and at improving and giving more legitimacy towards government policies.

SUHAKAM will continue to advocate for, as well as undertake any necessary action to facilitate Malaysia’s accession to several human rights treaties.

SUHAKAM acknowledges there are challenges or a number of barriers towards an actual accession.
Hence it has taken the initiative to undertake relevant research on the compatibility of domestic civil and syariah laws with these instruments.

SUHAKAM will shortly engage with the respective Ministries on recommendations to overcome various legal or social gaps that are identified, and develop a prospective roadmap which may assist the government in moving forward with the accession.
ANNUAL REPORT 2019 37 C H A P T E R 1 1.3 COMPLAINTS AND MONITORING OVERVIEW In 2019, SUHAKAM received a total of 1,154 complaints.

Of them, 298 were lodged at its Kuala Lumpur office, 415 complaints were received at its Sabah office, and 70 complaints came to its Sarawak office during the year.

Some of the complaints were in the form of memoranda whilst the remaining came via email, correspondence, telephone calls, walk-ins, the e-complaint system and submissions during SUHAKAM’s roadshows.

1.
1.

INVESTIGATING COMPLAINTS After thorough consideration, SUHAKAM decided that 371 of the complaints received were beyond its jurisdiction.

Of the 783 complaints that it investigated; 222 cases were completed while the rest are still being investigated.

Table 6: List of Memoranda received in 2019 No.

Details 1.

2.

3.

4.

5.

Memorandum by a community representative over compensation for relocation.

Memorandum by an individual complaining of persecution by police personnel.
Memorandum by an NGO over arrest and mistreatment of detainees under the Security Offences (Special Measures) Act 2012 (SOSMA) and Prevention of Crime Act (POCA).

Memorandum by a fishermen’s association regarding sea reclamation in Port Dickson.

Memorandum by a fishermen’s association over the implementation of the Malaysia Vision Valley (MVV) 2045 and its impact on fishermen.

Date 4 January 22 January 28 January 10 April 10 April 38 SUHAKAM No.

Details 6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.


17.

18.

19.

Memorandum by a fishermen’s association on the issue of temporary fishing licenses.

Memorandum by an NGO over Prasana Diksa, the missing daughter of M. Indra Gandhi.

Memorandum by a political organisation regarding a detainee under a Preventive Crime Order in Batu Gajah Prison.

Memorandum by an NGO over the mistreatment of a detainee in police custody.

Memorandum by a student’s organisation involving harassment by the Special Branch (SB).
Memorandum by an NGO regarding mistreatment by a prison warden.

Date 10 April 19 April 26 April 17 May 16 July 19 July Memorandum by family members of a shooting victim in Rawang.

17 September Memorandum by the Syiah community in Malaysia over the arrest of their community members.

19 September Memorandum by an NGO over “Chain Remand” and detention under POCA by the police.

25 September Memorandum by an organisation regarding issues concerning tahfiz centres.
Memorandum by an NGO on wrongful arrest and torture.

Memorandum by an NGO over the demolition of Pasar Warisan Selayang and relocation of the shop owners to a new building.

9 October 10 October 22 October Memorandum by a political organisation over human rights abuses involving 2 individuals.

5 November Memorandum by an NGO on SOSMA, saying it is a violation of human rights.
25 November ANNUAL REPORT 2019 39 Figure 2: Total Number of Complaints Received, 2015-2019 1180 1154 C H A P T E R 1 879 803 676 2015 2016 2017 Year 2018 2019 Figure 3: Number of Resolved and Pending Cases in 2019 Human Rights Cases Resolved Pending 298 156 142 415 353 62 Kuala Lumpur Sabah SUHAKAM Offices 70 52 18 Sarawak s e s a C l a t o T s e s a C l a t o T 1400 1200 1000 800 600 400 200 0 500 450 400 350 300 250 200 150 100 50 0 40 SUHAKAM Table 7: Breakdown of Human Rights Complaints, 2019 No.
Subject Matter Peninsula Sabah Sarawak 1.

2.

3.

4.

5.

6.

7.

8.

Human dignity Equality/discrimination (based on race, religion, gender, disability, political affiliation etc.)

Right to life Liberty and security of person Human trafficking/smuggling Cruel, inhuman or degrading treatment or punishment Arbitrary arrest, detention, or exile Equality before the law/right to a fair and public hearing 9.

Right to privacy 10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.
Freedom of movement Right to seek asylum and refugee status Right to nationality Right to own property Freedom of thought, conscience, and religion Freedom of opinion and expression Right to peaceful assembly Freedom of association Right to take part in government/ voters’ rights Right to work/employment and migrant workers’ rights Right to rest and leisure Right to an adequate standard of living (food, clothing, housing, healthcare) Right to education Right to freely participate in the cultural life of the community Environmental rights Right to native customary land Child’s rights ANNUAL REPORT 2019 41 No.
27.

28.

29.

Subject Matter Peninsula Sabah Sarawak Right to family life Slavery Others TOTAL 7 1 3 1 0 9 298 415 0 0 3 70 C H A P T E R 1 2.

VISITS TO DETENTION CENTRE The Complaints and Monitoring Division (CMD) improved its monitoring by auditing detention centres to ensure that human rights standards are complied with by the authorities.

An audit visit by the CMD is a more thorough visit than a routine one.

Audit visits usually take more than two days and require more resources too.
Audit visits also involve in-depth monitoring of all blocks, facilities and condition of the detention centre.

They also cover programmes conducted for the detainees.

During a visit, between five to 10 percent of the population at a detention centre is randomly selected and interviewed to gather any evidence of human rights violations there.

Table 8: Places of Detention Visited No.

Date 1.


7 March 2019 Places of Detention Drug Rehabilitation Institute, Jelebu, Negeri Sembilan Observation Maintenance Issues There has been no maintenance of the sewerage and wiring systems since the place was constructed.

This needs immediate attention.


Several items in the kitchen are in need of immediate repair or replacement as they would affect preparation of meals for the detainees: - 1 out of 2 exhaust fans was not working - 6 stove legs were broken - the boiler was leaking - the icebox was not cold enough 42 SUHAKAM No.

Date 2.

8 March 2019 Places of Detention IPD Sikamat, Seremban Negeri Sembilan 3.
10 April 2019 IPD Kubang Pasu Lock-up, Kedah Observation Lack of provision to purchase toiletries and sanitary napkins SUHAKAM recommends that the Ministry of Home Affairs/IPK Negeri Sembilan allocate to buy women’s toiletries and sanitary napkins for the Sikamat Police Station immediately.
Lack of allocation for building maintenance SUHAKAM recommends that the Ministry of Home Affairs/IPK Negeri Sembilan repair the plumbing system at Sikamat Police Station, so there is no further cracking and fungal infestation on the walls.

Lock-up Capacity SUHAKAM recommends that the OKT capacity in each cell should be limited to 6 OKT (person under arrest) at a time to avoid congestion.
Maintenance of Buildings and Clogged Toilets The officer in charge of the police district submitted a request for maintenance of the lock-up, especially to repair the clogged toilets.

However, no financial provision was approved.

The Ministry of Home Affairs needs to heed applications for finances to maintain lock-up facilities, especially blocked toilets, as there can be overcrowding in the usable cells otherwise.

ANNUAL REPORT 2019 43 C H A P T E R 1 No.


Date Places of Detention Observation Although the clean-up work is done voluntarily by the OKT, it is not their responsibility.

Royal Malaysia Police (PDRM) and the Ministry of Home Affairs should appoint a contractor to do the job.

Personal Needs of OKT OKT should be supplied with toiletries such as toothbrush, toothpaste and soap.

Medicines storage A well-stocked medicines store should be provided.
All the medicines should be appropriately labelled and not mixed.

The medication should also be dispensed according to the doctor’s prescription.

Vaccine The staff, especially those on sentry duty, have not received regular vaccine injections.

PDRM should collaborate with the Ministry of Health to obtain vaccines for all the staff.

Fire Emergency Evacuation Plan (FEEP) SUHAKAM was informed that the building design would not withstand fire.
An evacuation plan should be created as soon as possible for emergencies.

44 SUHAKAM No.

Date 4.

11 April 2019 Places of Detention Belantik Immigration Depot, Kedah 5.

12 April 2019 Juru Immigration Depot, Pulau Pinang Observation Increase in Staff The depot needs more staff to reduce the burden of duties that are handled by the existing staff and officers.
Closed Circuit Television (CCTV) facilities Fixing a CCTV system should be prioritised as it can help wardens control and monitor the cells and entire depot.

Water Pressure Problems The low water pressure needs immediate attention as there are over 900 detainees in the Belantik Immigration Depot.

The lack of adequate water can lead to poor hygiene and may increase the spread of disease.
Special Necessities for Women and Babies The Ministry of Home Affairs should allocate a special budget for sanitary napkins for women and diapers for babies to ensure the staff do not have to pay for them.

Construction of New Depot The government has approved the building of a new depot to replace the existing one.

The construction expedited.

The current infrastructure is inadequate and could endanger the safety of staff and detainees.

ANNUAL REPORT 2019 45 C H A P T E R 1 No.


Date Places of Detention Observation CCTV facilities CCTVs should be installed so the staff can easily monitor the detention cells and the depot.

Toilet Facilities The male detainees are using the bucket system to urinate and defecate because the way to the toilets is locked and only opened during morning and evening bath times.

SUHAKAM recommends this path is made accessible, and for an end to the bucket system which diminishes the dignity of detainees.
Courses and Training for Members Each member should be given adequate training in the care and management of prisoners and be able to deal with emergencies such as fights and riots.

The Immigration Department can work with the Malaysian Prisons Department to provide the training as the Prisons Department is more experienced in handling large numbers of prisoners.
Notifications / Alerts to Immediate Family Members The depot should assist detainees who wish to inform their immediate family members of their detention.

46 SUHAKAM No.

Date 6.

15 May 2019 Places of Detention Puncak Alam Correctional Centre 7.

22 May 2019 Putrajaya Immigration Depot Observation Dental Chair The prison clinic requires a dental chair.

Many prisoners report that their skin feels itchy after eating boiled fish It is recommended that the item be replaced with fried fish.
This depot is not suitable for detention because: i.

The lack of natural light and airflow does not comply with international Standard Minimum Rules.

(Nelson Mandela Rules Article 10) ii.

There is only one emergency exit, which can endanger the lives of prisoners and staff during a disaster or crisis.

iii.

The centre is overcrowded.

Cells for male detainees were congested – the capacity for a cell measuring 8.85 square metres is 35 persons.

iv.
iv.

Due to the lack of medical personnel at the depot, there is no check-up at the time of entry and treatment is only available twice a month.

v. Lack of personal hygiene necessities such as toothbrushes and toothpaste.

vi.

There were no mattresses, blankets and slippers.

Some male detainees slept on the cold floor.

Female detainees who were pregnant told SUHAKAM that the depot was too cold.

ANNUAL REPORT 2019 47 No.

Date 8.


24 June 2019 Places of Detention IPD Gerik, Perak Observation The water pressure in the lock-up toilets needs to be improved and the broken concrete floors in the toilet need repair.

C H A P T E R 1 9.

10 July 2019 Jasin Industrial Prison, Melaka i.

There is no express lane for prisoners seeking treatment at the clinic/hospital ii.

There are insufficient pillows and mattresses.

10.

10 July 2019 Cure & Care Rehabilitation Center (CCRC) Tiang Dua, Melaka i.
The ceiling is damaged and there are no doors for the toilets.

ii.

There are no trainers or vocational programmes for the recovering addicts.

11.

11 July 2019 Machap Umboo Immigration Depot, Melaka Health Issues There was a severe problem of scabies in the depot, and the supply of medicines for it is inadequate.

SUHAKAM recommends that immediate care measures be taken.
If the treatment given to a detainee does not produce any positive result, the detainee should be taken to a nearby clinic or hospital for further treatment.

Leisure Activities and Exposure to Sunlight Detainees were not allowed recreational activities outside of the block.

As such, they are not exposed to direct sunlight.

SUHAKAM recommends that the authorities allow detainees to have recreational activities in groups.

48 SUHAKAM No.
48 SUHAKAM No.

Date Places of Detention Observation Supply of Personal Hygiene Necessities and Clothing Bath soap, laundry detergent, and toothpaste are only provided once to detainees.

This is also a contributory factor to skin diseases such as scabies.

SUHAKAM recommends that personal care necessities listed above should be provided frequently to detainees.

Water Supply Water supply at the depot is frequently cut.

Water is delivered 24 hours after a complaint is made.
Although there is a pump house, it does not work.

SUHAKAM recommends that pump houses should be repaired immediately, and Syarikat Air Melaka Berhad (SAMB) should ensure that disruptions do not occur regularly.

If there is a disruption, emergency water should be supplied within the shortest period.

Visit to Drug Rehabilitation Centres, Jelebu, Negeri Sembilan.
ANNUAL REPORT 2019 49 As part of its monitoring of detention centres, SUHAKAM visits staff quarters and randomly interviews those of different ranks and job scope to be aware of the challenges they face in performing their duties.

SUHAKAM also meets up with the medical officers at nearby the clinic and hospital, and the Board of Visiting Justices.

Finally, there is a post- visit briefing for the Prisons Director, where SUHAKAM highlights issues that need urgent attention and other general matters.
C H A P T E R 1 During the year, SUHAKAM conducted two pilot audit visits at two prisons in East Malaysia.

SUHAKAM audited Puncak Borneo Prison in Sarawak in August and Tawau Prison in Sabah in November.

Visit to Puncak Borneo Prison, Kuching, Sarawak.

3.

IMPROVING THE CONDITION OF DETENTION CENTRES Custodial Medical Unit in Police Lock-ups SUHAKAM conducted a study on deaths in police custody in 2014- 2015.
The study was carried out following the number of complaints of death in police detention received by SUHAKAM and complaints from civil society.

As a result of the study, SUHAKAM published its report titled “Deaths in Police Custody: A Thematic Study on Lock-Up Conditions and Factors Contributing to the Death (2016)”.

50 SUHAKAM i.

The report contains the findings and recommendations of SUHAKAM to reduce instances of death in police custody.

ii.
ii.

In 2018, SUHAKAM conducted a follow-up meeting to discuss the implementation of one of the recommendations of the study - the establishment of the Custodial Medical Unit (CMU).

The CMU will operate as a mobile clinic where at least 4 CMU staff will be deployed to centralised lock-ups to carry out daily medical check-ups at the room/building provided.
The proposed centralised lock-ups include Lokap Berpusat Jinjang, Kuala Lumpur; Lokap Berpusat Balai Polis Bayan Baru, Pulau Pinang; Lokap Berpusat Shah Alam, Selangor; Lokap Berpusat Indera Mahkota, Pahang; and Lokap Berpusat Kepayan, Sabah.

The estimated budget for setting up the CMU at these centralised lock-ups is RM 500,000 (Five hundred thousand Ringgit Malaysia).

iii.
iii.

In 2019, SUHAKAM met with the Minister of Finance and a sum of RM 200,000 (Two hundred thousand Ringgit Malaysia) was approved to establish the CMU.

To date, Royal Malaysia Police (PDRM) is in the process of coordinating and delivering the budget that was received to the allocated centralised lock-ups.

An inauguration programme is expected to be carried out by PDRM and SUHAKAM in 2020.

4.
4.

REFORMATION OF THE PRISON MANAGEMENT SYSTEM (PRISON REFORM) Since its inception, SUHAKAM has been authorised to visit detention related centres, to human rights for improving their management.

The visit covers three categories: including prisons, to provide recommendations i. periodic visits to monitor conditions and services in prison; ii.

investigation visit for cases filed with SUHAKAM regarding human rights violation in detention; and iii.

audit visits.
audit visits.

The focus of the periodic and audit visits to detention centres is not only on the conditions and services for detainees but also on the working conditions, and health and safety of the detention centre staff as well.

ANNUAL REPORT 2019 51 SUHAKAM conducted a study on “Right to Health in Prison” in 2014.

This was done following complaints received by SUHAKAM in previous years.
This study provided SUHAKAM with an in-depth look at prison-related health issues such as healthcare, medical services, vulnerable groups in prisons, recreation and sports, adequate food and personal care necessities, remand prisoners and prison staff.

C H A P T E R 1 Throughout the study, SUHAKAM found many areas for improvement in the provision of healthcare in prisons.

These improvements are not the sole responsibility of the Prisons Department.
Government agencies involved should also play their part in ensuring that prisons adhere to minimum standards of detention.

In this regard, SUHAKAM convened a joint meeting with the Prison Policy and PRO Division on 17 May, 2019, to discuss prison reform and the current Prisons Department’s action plan.

SUHAKAM was informed that the Prisons Department was preparing several measures for prison reform.

The Prisons Department welcomed SUHAKAM’s assistance for a successful implementation of the reform plan.
SUHAKAM expressed its willingness to cooperate closely with the Malaysian Prisons Department on this.

Action Plan The Malaysian Prisons Department action plan for prison reform will involve improvements in every aspect of its management system.

The reform includes aspects of detention, rehabilitation, staff training, regulatory compliance, facilities and hygiene, community correction and the reintegration of prisoners into society.
SUHAKAM fully supports the efforts of the Prisons Department for the reform of the overall prison management to ensure that prisons comply with the minimum standards of detention, such as the Nelson Mandela Rules.

The problem of overcrowding caused by excess capacity in prisons should also be taken seriously by all parties seeking alternatives to accommodate existing prisoners.

Besides that, existing laws that place drug addicts, undocumented migrants and those on remand in prison need reviewing.
The reform also aims to help detainees go through a more effective rehabilitation process and facilitate better prison management.
The framework provided focuses on 5 main functions of prison management as follows: 52 SUHAKAM Main Function • Correctional and Safety • The Management of Detainees • Recovery • Reintegration • Probation & Community Correction Variable • Staff Empowerment • Facilities and Infrastructure • Public Involvement In Legal Aspects Outcome • Conducive Prison Environment for Staff & Detainees • Reduce Congestion • Reduce Residuals • Increase the Productivity of Detainees • Raise Public Support To complement this action plan, SUHAKAM and the Malaysian Prisons Department organised a joint Prison Reform Workshop on 4 & 5 September 2019.
The objectives of the workshop were to: i. ii.

iii.

iv.

Describe in detail the framework for the management reform provided by the Prisons Department; Obtain input and recommendations from all relevant agencies to improve the framework; Know and understand the constraints faced by the agencies in implementing these measures and how to address them; Get other recommendations that could help implement the prison management reform.
They invited 33 agencies, including government and Non-Governmental Organisations.

There were 98 participants at the workshop.

They were divided into four clusters to discuss in greater detail (i) Security and Correctional Clusters; (ii) Detainees Management Cluster; (iii) Infrastructure & Facility Clusters; and (iv) Local Cluster.

All of these clusters were asked to provide inputs and suggestions to improve the framework provided by the Prisons Department.
The refined feedback from the workshop will be considered for inclusion in the prison reform framework before being approved.

ANNUAL REPORT 2019 53 C H A P T E R 1 5.

CHILD ABUSE AT CHILDREN’s SHELTER/HOME IN PERAK AND PENANG Children’s Shelter Home in Perak In February 2019, the Human Rights Commission of Malaysia (SUHAKAM) received complaints regarding child abuse at a Children’s Home.

The complaints highlighted three main issues: i. ii.

iii.
iii.

The children at the shelter are beaten by the staff using rattan canes; The staff are verbally abusive to the children; and Allegations that the children have been subjected to sexual abuse by the staff.

As a result, SUHAKAM conducted several meetings with the home, District Police, school, hospital and Welfare Department as well as made field visits, as part of its investigation into the complaint.

Findings SUHAKAM discovered that a few children were beaten.
Although the staff said it was to discipline the child, the rattan caused injuries and bruises to the child’s body.
Hitting a child is an offence and can be classified as a form of abuse under Section 31 (1) of the Child Act 2001: “Any person who, being a person having the care of a child— (a) abuses, neglects, abandons or exposes the child in a manner likely to cause him physical or emotional injury or causes or permits him to be so abused, neglected, abandoned or exposed; or sexually abuses the child or causes or permits him to be so abused, (b) Commits an offence and shall on conviction be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding ten years or to both.” During a meeting with District Police officers, the police confirmed that they received several reports from children who were beaten by one staff member of the children’s home.
The police have completed their investigations, and the individual concerned will be charged under Section 323 of Penal Code.

The Welfare Department said it received several complaints regarding the physical and sexual abuse of the children, as well as about a dispute 54 SUHAKAM among the home’s committee members.

However, they discovered that the sexual abuse allegations were baseless.

SUHAKAM interviewed the children and none of them said talked about any sexual harassment at the shelter.
Regarding physical abuse, the Welfare Department interviewed the staff, and they denied that the children were beaten but said they would be reprimanded if they did anything wrong.

The Welfare Department said it would conduct visits to the home to monitor the children’s welfare and the condition of the premises.

Recommendations The following are SUHAKAM’s recommendations: i. ii.

iii.
iii.

The Welfare Department needs to close the children’s home until the management conflict is resolved; The relevant stakeholders should monitor the appointment of committee members and ensure that each committee member has a deep interest and willingness to protect the children in the shelter without any personal interest; and The home’s management should ensure that they do not verbally abuse the children.
Such a practice should stop immediately and any committee members and/or staff who utter abusive words should be warned and subjected to disciplinary action.

Children’s Home in Penang SUHAKAM also received a complaint of child abuse at a children’s shelter in Penang from a former staff member.

SUHAKAM interviewed the complainant, guardian and parents of the children in the home, the police Investigation Officer (IO) of the case, the management of the home, and the Penang Welfare Department.
SUHAKAM found that there was no physical or sexual abuse at the home.

The complainant lodged the report because he was unhappy over his dismissal.

However, during the investigation, SUHAKAM found other matters which need to be improved at the home: ANNUAL REPORT 2019 55 i. ii.

iii.
iii.

There should be a proper complaints mechanism for the parents or guardians to raise and discuss any issues concerning their child or management of the children’s home; Before hiring an employee, the administration should check with PDRM whether the person has a criminal record; and The staff and wardens should receive proper training.

A different set of skills are needed to manage children effectively.
C H A P T E R 1 On a follow-up visit, SUHAKAM found the children’s home had set up a proper complaints mechanism for family members to raise issues.

The home also replaced their old wardens with two new ones after cross- checking whether PDRM has any criminal record on them.

SUHAKAM was also informed that the Penang Welfare Department would conduct routine visits to the cildren’s home once every three months.

6.
6.

CITIzENSHIP OF STATELESS CHILDREN IN MALAYSIA In the year of review, SUHAKAM received three complaints (as of September) concerning citizenship applications.

On 19 March 2019, SUHAKAM sought information on the following from the National Registration Department (NRD): i. ii.

iii.

iv.
iii.

iv.

v. The process of the application for citizenship, especially for Malaysians who adopt a baby who is not a citizen; Status for a temporary identity card (Green IC); The NRD’s procedure for citizenship applications; Issues related to late birth registration; and Issues pertaining to temporary identity card (H04/H05) for Sabahans.

SUHAKAM received feedback from NRD as follows: i.

For an adopted child, the child will follow the citizenship of his biological mother.
However, Malaysian parents can apply for citizenship for their adopted child under Article 15A of the Federal Constitution.

This is subject to approval by the Ministry of Home Affairs (MOHA).

If the application fails, the applicant cannot appeal, but they can make a new application; I ii.

n the case of stranded children, the application for late birth registration should be made by the Welfare Department.
Or if any person finds a child, they must make a police report and send the child to the Welfare Department.

The Welfare Department will complete its social report on the stranded child before submitting it 56 SUHAKAM iii.

iv.

to NRD for their further action.

According to NRD, under Section 7 of the Births and Deaths Registration Act 1957, every birth in Malaysia must be registered.
If the couple does not have a marriage certificate, the status of the child’s citizenship will be determined based on his/her mother’s nationality.

SUHAKAM raised concerns about delays in the process of applying for citizenship.

The NRD informed that several steps need to be completed by their department before they send the application to the Ministry of Home Affairs.

SUHAKAM was informed that citizenship is the highest recognition conferred by the government.
Thus it is not considered a ‘right’ but is a ‘gift’ from the government.

Next, SUHAKAM will meet with the Ministry of Home Affairs in 2020 for feedback on the process of applying for citizenship.

7.

DEATHS IN CUSTODY This year, SUHAKAM received seven complaints pertaining to deaths in custody.

They involve: i. Ahmad Zahri in IPD Gerik, Perak ii.

Gopal Krisnan s/o M. Rajalingam in Sungai Petani Prison, Kedah iii.

Soosaimanicckam s/o Joseph in Royal Malaysian Navy Base, Lumut, Perak iv.
Ong Ching Kian in Simpang Renggam Prison, Johor v. Orhions Ewansiha Thomas in Bukit Jalil Immigration Depot, Kuala Lumpur vi.

Mathan s/o Muniady in Shah Alam, Selangor vii.

Mohammed Jakaria Bin Shafiqur Rahman in Semenyih Immigration Depot, Selangor The investigations into the first five cases have been completed.

The remaining two are still being investigated.


The death of Ahmad zahri at IPD Gerik, Perak SUHAKAM received a complaint regarding the death of Ahmad Zahri (detainee) on 19 December 2018 while in custody at the Gerik District Police Headquarters in Perak.

A police report was made on 15 January 2019.

The complainant was dissatisfied with the cause of her son’s death and claimed that he was beaten while in lock-up.
ANNUAL REPORT 2019 57 The autopsy showed that the deceased suffered Massive Gastrointestinal Bleeding (UGIB) secondary to oesophageal variance with Hepatitis C and cirrhosis of the liver.

There is an old scar or scratches on the body.

An internal examination showed a change in the colour of the lungs due to smoking, shrunken liver, and damaged bladder.

The forensic pathologist confirmed there was no external injury.
The results of the post-mortem were explained to the family, and there were no objections from the family.

C H A P T E R 1 Conclusion After receiving feedback from police and forensic doctors, SUHAKAM found no use of force and no bruising on the deceased.

The death of Gopal Krisnan s/o M. Rajalingam SUHAKAM investigated the death of Gopal Krisnan s/o M. Rajalingam who was on remand at Sungai Petani Prison.

He died at Hospital Sultan Abdul Halim, Sungai Petani, on 30 July 2019.
There was an allegation that Gopal Krisnan was beaten in prison, leading to his death.

Based on Sections 4 (1) and 12 of the SUHAKAM Act, SUHAKAM began its investigations on 18 August 2019.

SUHAKAM conducted three meetings with the Sungai Petani Prison, Forensics Department of Hospital Sultanah Bahiyah Alor Setar, Medical Department of Hospital Sultan Abdul Halim, Sungai Petani, and Kuala Muda District Police.
SUHAKAM interviewed 10 prison staff, one medical officer at the prison, two medical assistants and five cellmates of the deceased.

According to his cellmates, Gopal was taken to hospital almost one week after he experienced poor appetite and intermittent fever.

During his detention, Gopal Krisnan was sent to the prison clinic four times.

On 24 July, he vomited and urinated in his pants while inside the cell.

He was then referred to the prison clinic.


After an examination, the prison doctor directed that he be taken to hospital for immediate medical treatment.

All the prisoners interviewed denied seeing or hearing prison staff beating the deceased.

The deceased was admitted to a ward for seven days at Hospital Sultan Abdul Halim.

He was treated for infective endocarditis and was 58 SUHAKAM unconscious during his stay in hospital.
On 30 July 2019, his renal functions worsened and the doctor commenced cardiopulmonary resuscitation (CPR).

He was pronounced dead at 2.30 pm.

The family members were allowed to look at the deceased’s body before the post-mortem.

According to the family, there were several red macular lesions on the deceased’s head and foot as well as bruises on the right side of his chest.
The post-mortem by the Forensics Department at Hospital Sultanah Bahiyah Alor Setar showed that infective endocarditis was the cause of death.

As for the family’s allegations regarding the red marks and bruises on the deceased’s body, the post-mortem results are as follows: i. ii.

iii.

iv.

v. vi.
The post-mortem showed no significant mark or injury to the body that could have caused or contributed to his death at that moment in time; The various red macular lesions and ecchymosis described were not evidence of inflicted injuries, but were iatrogenic artifacts attributable to his hospital stay; The circular intradermal bruises on the right side of his chest were not inflicted injuries, but iatrogenic artifacts produced by the ECG lead placement; The examination of his heart showed the presence of infective endocarditis of his mitral valve; The splinter haemorrhages and the Janeway lesions were not evidence of inflicted injuries.
Instead they were the cutaneous manifestations of his infective endocarditis; The subarachnoid haemorrhages and his brain lesions were not evidence of inflicted injuries.

They were sequelae to his infective endocarditis.

The death of Soosaimanickam s/o Joseph SUHAKAM investigated the death of Soosaimanicckam s/o Joseph at Lumut Armed Forces Hospital during his training as a Graduate Cadet officer of the Royal Malaysian Navy at KD Sultan Idris 1 (KDSI 1) on 19 May 2018.
ANNUAL REPORT 2019 59 SUHAKAM took the following actions: i.

Recorded a statement from the deceased’s brother.

ii.

Met with the Royal Malaysia Police Investigation Officer.

iii.

Met with Seri Manjung Hospital and interviewed the doctor who conducted the post-mortem on the deceased.

iv.

Visited KDSI 1 and interviewed cadets and officers relevant to the case.

v. Met with the next-of-kin to get further clarification on the health of C H A P T E R 1 the deceased.

vi.
vi.

Met with the doctor from HAT who confirmed the death of the deceased.

vii.

Met with the Manpower Branch of the Malaysian Armed Forces.

viii.

Recorded statements from cadets who left the training without completing it.

The family made several allegations.

The findings of SUHAKAM’s investigations are as follows: i.

Allegation of not explaining the cause of death in detail The next-of-kin alleged that they were not given a detailed explanation of his death by the Seri Manjung Hospital.
The final post- mortem report and the forensic specialist’s post-mortem report were also notgiven to them.

S UHAKAM was informed that Seri Manjung Hospital invited the deceased’s brother for a meeting to explain the outcome of the final post-mortem report on September 6, 2019.

However, the meeting was not held because the brother refused to attend without his lawyers.
SUHAKAM takes note that the deceased’s brother met with the Seri Manjung Hospital authorities for further explanation of the post- mortem report earlier in 2019, but he was not convinced as the Hospital was unable to provide the post-mortem report by a forensic specialist.

The Seri Manjung Hospital informed him that in sudden death cases, where there are no criminal elements, the post-mortem is not be done by a Forensic Specialist.

As such they were unable to produce a report by a Forensic Specialist.
ii.

Allegation of lack of transparency in the internal investigation conducted by the Malaysian Armed Forces.

The complainant claims that the internal investigation by the Armed Forces was not transparent as the next-of-kin were not called to give a statement on the background of the deceased before he 60 SUHAKAM joined the training.

Also, they were not informed of the outcome of the investigations.

SUHAKAM was informed that the Board of Inquiry (BOI) conducted an internal investigation into the death.
The Camp Commandant explained that he had informed the next-of-kin of the findings of the report verbally during his visit to the house of the deceased to hand over a cheque from Tabung Amanah.

SUHAKAM found that the BOI interviewed several cadets who left the training halfway but did not incorporate their statements in the report.

SUHAKAM also interviewed these witnesses.

The outcome of the inquiry was that there was an incident of human rights violation before the cadet died.

iii.
iii.

Allegation of no action by the Police The complainant claims that the police did not conduct any significant investigation because they informed the next-of-kin it was a case of sudden death and that there were no criminal elements, even before their investigations.

SUHAKAM was informed that as there were no criminal elements the case was assigned to an Investigation Officer (IO) from the non-Criminal Investigation Branch.
The IO said that he did not find any criminal elements and, if he had, he would have informed the Criminal Investigation Division to take over the case.

The IO said he interviewed 25 witnesses from the KDSI but not the cadets who left the training halfway.

The IO completed his investigation and submitted the investigation paper to the Deputy Public Prosecutor (DPP) and the DPP ordered an inquest.

The inquest began on September 24, 2019. iv.


Allegation of coercion during a water-based activity The Complainant claims that the deceased and other cadets were forced to walk into a muddy swamp and that the trainers forcibly submerged the cadets into the mud.

By doing so, perhaps, the deceased might have drunk the water and bacteria or germs from the swamp water might have been one of the factors causing his death.
SUHAKAM found that the activity in the muddy swamp was during orientation and part of the resilience activity.

Based on statements taken from the cadets, they were not submerged in the muddy swamp forcibly by the trainers.

They said they completed the activity by themselves and the water level was up to the hip of an average person.

This activity lasted a short period.


ANNUAL REPORT 2019 61 v. Allegation of denial of access to medical care The next-of-kin believes that his brother was denied access to medical care.

As such, the doctor was unable to identify any health issues faced by the deceased and subsequently was incapable of providing proper treatment at the right time, which eventually lead to his brother’s death.

C H A P T E R 1 SUHAKAM found that deceased did not request medical aid at HAT.
He only reported to the officer on duty about a few minor wounds on his arms.

Cadets are not allowed to go to HAT for minor injuries and the officer on duty will usually provide first aid treatment.

However, the deceased did request leave from the physical activity trainer not to attend physical training.

The trainer could not just do so, but advised the deceased to report to HAT and to get an official medical certificate.
The deceased complained to other cadets that he was incapable of following the next training and they advised him to report to HAT as well.

However, the deceased declined to report to HAT.

Every day before the training, the physical trainer asks all the cadets whether anyone is unwell and needs to report to HAT but the deceased did not ask to report to HAT.

To report to HAT, the cadets need to fill up a medical slip and the officer on duty must sign the slip.

There was such a slip in the deceased’s bag.


However, the slip only had the name of the deceased and the date.

It was not signed by the officer on duty.

vi.

Allegation of violence The next-of-kin alleged that the deceased was tortured late at night on 12 May, 2018.

The family claimed that the deceased sent a text message via WhatsApp to them the early morning of 13 May, 2018 saying that all the cadets were tortured and were all only allowed to sleep at 4 am.
SUHAKAM found that on 12 May 2018 all the cadets were involved in several briefing sessions, documentation process and rehearsal for the Oath Taking Ceremony.

The activities on that date ended late and cadets were then released to get ready for the next day.

Statements from all the witnesses were consistent on this matter, that is, there was no physical violence that occurred on that date.
The ‘torture’ that the deceased meant was probably not in the form of physical torture but he might have meant mental torture, as it was their first day at KDSI 1 and they were all kept busy with procedural activities from morning until late night.

SUHAKAM investigated the 62 SUHAKAM cadets who were in training and those who left.

However, the findings were not consistent.


The cadets still in training said there were no human rights violations involving the deceased throughout the whole week whereas cadets who left said a senior officer had slapped the deceased multiple times because he was unable to cope with the training.

As penalty, the deceased was also isolated from the other cadets and forced to complete double the physical training compared to the other cadets.
SUHAKAM believes that the incident of being slapped by a senior officer could not be a direct contributing factor to his death.

However, forcing the deceased to complete physical training despite his weak condition and poor performance may be the main reason the deceased developed Rhabdomyolysis1 that subsequently leads to Pulmonary Odema (liquid in lungs) which caused the death of the deceased.
Based on recommendations for the relevant agencies: investigations, SUHAKAM made its the following i. SUHAKAM recommends the Ministry of Health conducts a thorough medical investigation to determine a more particular cause of death.

In this case, no specific cause of death was able to be identified via the post-mortem.

ii.

The Ministry of Health should strengthen the cooperation between Hospital Seri Manjung and HAT.
In this case, two different doctors from the respective hospitals handled the deceased’s body.

The doctor from HAT confirmed the death, took some blood samples and came up with his findings.

The doctor from Hospital Seri Manjung conducted a post-mortem and came up with his conclusions as well.

If both doctors were in communication prior to the post-mortem, they could have incorporated both their findings and probably been able to identify a more specific cause of death.

iii.
iii.

In cases of conflict of interest of the witnesses (cadets), PDRM should independently call for witnesses rather than just interview those provided by the KDSI officers.

iv.

The BOI should inform the next-of-kin formally of the findings of the internal investigation as this would increase their trust in the BOI investigations.

1 Rhabdomyolysis is the breakdown of muscle tissue that leads to the release of muscle fibre contents into the blood.
These substances are harmful to the kidney and often cause kidney damage – Source: US National Library of Medicine; https://medlineplus.gov/ency/article/000473.htm ANNUAL REPORT 2019 63 v. The KDSI 1 should immediately send cadets with poor physical or health condition during the training to HAT for a proper medical examination.

This should be done even if the cadet is reluctant to seek medical treatment at HAT.

vi.
vi.

SUHAKAM recommends and takes note that the training module for the cadets will be revised to suit older cadets who join the training.

vii.

The Manpower Division of the Armed Forces should not compromise in terms of the health screening and physical assessment of a cadet during the second stage of the interview.
C H A P T E R 1 The death of Ong Ching Kian at Simpang Renggam Prison On 8 August 2019, SUHAKAM received a complaint on the death of a Singaporean convict on death row in the Simpang Renggam Prison in Kluang, Johor.

The convict had allegedly committed suicide in his cell on 20 May 2019.

A SUHAKAM delegation visited the Simpang Renggam Prison and met with the Forensics Unit of the Hospital Enche’ Besar Hajjah Khalsom in Kluang.

The following were SUHAKAM’s findings: i.


Based on the feedback of the Forensics Unit, the deceased experienced a compression of his neck from a plastic rope used to hold coarse sugar.

The compression stopped the oxygen in his blood from reaching his brain.

His trachea was strangled, and it was impossible for him to breath.

The Forensics Unit verified that there were no traces of fibre under his nails and the deceased did not struggle to save himself from the rope that he was hanging by.

ii.
ii.

According to the warder, he was ordered by the Prison Inspector to check the cells of death row convicts every 10 minutes.

SUHAKAM found out that the Prison had brought the deceased to the Prison Clinic a day before he was found hanging from the door of his cell.

The Prison informed SUHAKAM that the deceased had tried to commit suicide by slashing his wrist the day before he was found hanging in his cell.

iii.
iii.

The psychologist who was just transferred to the prison in 2018, said he did not receive any report on the mental state of prisoners.

He believed that the prisoners‘ mental state was previously not documented for the reference of psychologists-in-charge.
He took the initiative in March 2019 to record the mental state of prisoners, 64 SUHAKAM including the deceased, through two psychological tests namely the Depression, Anxiety and Stress Scales (DASS) and Multidimensional Self-Esteem Inventory (MSEI).

The results of the deceased’s mental state in March 2019 was that he was normal.

Recommendation • • • The Prison must monitor prisoners as best as possible to prevent any suicides, although it is not always possible to thwart them from taking their own life.
That is more so when the prisoner has a mental health issue and it is beyond the warders’ control to prevent suicide.

SUHAKAM recommends that warders who guard the blocks, especially those housing prisoners on death row, be given training in basic psychology so they can identify any strain, suicidal ideation and symptoms of depression.

The action taken by the Prison to watch death row cells every 10 minutes as reasonable.
However, suicidal prisoners might commit suicide anytime and as such SUHAKAM recommends that prisoners who are identified as suicidal be given special care and attention.

Their cell should be close to the place where warders can take immediate action.

SUHAKAM recommends prisoners attempting to commit suicide be referred to a psychiatrist at the nearest hospital.
SUHAKAM recommends that the Prisons Department collect data and statistics on suicides in prisons across the country to formulate preventive measures and to train warders in addressing such incidents.

The death of Orhions Ewansiha Thomas in Bukit Jalil Immigration Depot, Kuala Lumpur SUHAKAM initiated an investigation into the death Nigerian student Orhions Ewansiha Thomas while he was detained at the Bukit Jalil Immigration Detention Centre on 9 July 2019.
The Immigration Department arrested him during a raid on 4 July 2019.

SUHAKAM recorded statements from 40 witnesses, that is, Immigration officials and police, family members, friends of the deceased as well as representatives from the university where Thomas was studying.

Thomas died of a heart attack.

However, SUHAKAM found several contributing factors may have led to his death.
While the deceased informed the authorities that he suffered from high blood pressure, ANNUAL REPORT 2019 65 the depot did not provide the proper dose of medicine to Thomas.

SUHAKAM was informed that the deceased was only given one of the three types of medication that he supposed to consume.

SUHAKAM also found that the depot medical officer did not have the appropriate blood pressure cuff for Thomas when he was first screened at the depot.
SUHAKAM is concerned over arbitrary detentions, noting that Thomas was apprehended even though he had valid documentation to be in Malaysia.

C H A P T E R 1 SUHAKAM recommends the Immigration Department review its standard operating procedures so all detainees are screened medically upon their admission to the depot.

Health equipment such as blood pressure cuffs for all sizes should be made available at all depot for use at any time.
SUHAKAM also recommends cooperation between the Ministry of Health and Immigration Department to update and supply appropriate remedies, especially for chronic diseases.

In addition, the government should place a full-time doctor at all Immigration depots to treat detainees who have health problems.
On the matter of arbitrary detention, SUHAKAM recommends that Section 51(5)(b) of the Immigration Act 1959/68 (Act 155) be revised to reduce the 14-day detention period and for it to go through the court process.

8.

CRUEL AND INHUMAN TREATMENT Allegation of torture of Muhammad Fairuz Ismail bin Mahmad Fuad by IPD Kajang, Selangor The family members of Muhammad Fairuz Ismail bin Mahmad Fuad alleged that he was beaten during interrogation by the Kajang police officers on 9 September, 2018.
SUHAKAM was informed that Muhammad Fairuz was being investigated for robbery.

He was arrested under the Crime Prevention Act 1959 (POCA) at the Kajang Police Station for 21 days.

Among the allegations SUHAKAM received were that the detainee was blindfolded, punched and kicked in the chest, and hit at the feet with a rubber pipe.

He was also forced to confess.


SUHAKAM obtained feedback from PDRM on the police reports made by the family and recorded statements from the arresting officers and Investigation Officers (IO).

But the allegations of torture were challenging to prove because they were no health records, CCTV footage, witnesses, or injuries.

66 SUHAKAM SUHAKAM found that there was no medical screening of Muhammad Fairuz during his detention.
This contravenes Article 10 of the Lock-Up Rules 1959, as every detainee must be screened by a Medical Officer so that the health status can be recorded.

SUHAKAM found there was no investigation after his arrest.

Investigations only began after a remand order was obtained from the Magistrate.

SUHAKAM would like to emphasise that the police should investigate crimes before an arrest and to make full use of the first 24 hours after arrest.
The authorities must respect the fundamental right of a person to liberty.

SUHAKAM found that the OKT underwent chain remand at several police districts.

Although the remand order was in accordance with Section 117 of the Criminal Procedure Code this provision was abused to remand the OKT for more than 14 days by taking him to several districts and obtaining remand orders from different Magistrates.

SUHAKAM argues that as a federal body, PDRM can get information from a centralised system.
Therefore, investigations can be carried out in one IPD rather than taking suspects to other districts, except for a specific purpose, such as retrieving evidence.

SUHAKAM said that one policeman gave false testimony when he denied his participation in the interrogation.
He has committed an offence under the Public Officers (Conduct and Discipline) Regulations 1993, as provided for under Rule 4 (2) (c), (d), (f), (g) and (j) under Section 15 (2) of Act 597, if SUHAKAM finds false evidence, those responsible may be charged under Section 191 of the Penal Code and punishable under Section 193 of the Penal Code which carries a jail term of up to 3 years or/and fine.
Allegation of torture against Mohd Fairuz Ahmad Latiffe in Perlis Correctional Centre On January 3, SUHAKAM received a report regarding allegations of torture against Mohd Fairuz bin Ahmad Latiffe at the Perlis Correctional Centre.

Mohd Fairuz was arrested under Section 39(B) Dangerous Drugs Act 1952 in November 2017 for drug trafficking (generally refers to the sale and distribution of illegal drugs).
According to the complainant, Mohd Fairuz was admitted to Hospital Tengku Fauziah (HTF) in Kangar on 24 December, 2018, for treatment as he had high blood pressure and a ANNUAL REPORT 2019 67 C H A P T E R 1 brain haemorrhage.

The complainant found that there was an impact injury on Mohd Fairuz’s body.

His family members lodged a police report on 30 December, 2018.

SUHAKAM took the following steps in investigating the complaint: i. ii.

iii.

iv.
iii.

iv.

Obtained feedback from the Investigation Officer of IPD Arau, Perlis; Visited HTF on 13 February, 2019 and gathered input from the doctor who treated Mohd Fairuz; Obtained further information from the complainant on 13 February, 2019; and Visited Perlis Correctional Centre on 14 February 2019, for feedback from the other detainees and his cellmate.

SUHAKAM concluded that there was no evidence that Mohd Fairuz had been tortured.

This is based on the following facts: i. ii.

iii.

iv.
iii.

iv.

The medical assistant at the prison did not find any bruises or injuries on any part of Mohd Fairuz’s body (when he examined Mohd Fairuz before he was sent to the hospital); The doctor in charge in the emergency ward also did not detect any bruises or injuries on Mohd Fairuz except for the wound on his forehead; The prison staff who brought Mohd Fairuz to the hospital said that he fell in the van when the driver hit the brakes.

He was then made to lie down in the second-row seat.
They said that the injuries and scratches on Mohd Fairuz were from that incident.

Fellow detainees and Mohd Fairuz’s cellmate confirmed that there was no violence or torture during their stay in Block Damai.

However, the investigation showed that several actions need to be taken.

As such, SUHAKAM submitted its recommendations based on Section 4(2)(b) Act 597 for consideration and improvement purposes.

a) Recommendations to Malaysian Prisons Department i.
Ensure that any prisoner who is in need of treatment must be taken to the hospital by ambulance The Prison should send detainees requiring hospital treatment via an ambulance.

This would help prevent any injury to detainees during their trip to the hospital.

68 SUHAKAM CCTV Maintenance ii.

During their visit, SUHAKAM was informed that the Perlis Correctional Centre was overcrowded.

It was holding 1,270 detainees while the capacity is only 600.
The prison CCTV system was not functioning due to poor maintenance.

This is a potential problem for the officers as there are too many detainees to monitor in each cell.

Hence, maintenance of the CCTV is crucial and the issue needs to be addressed immediately to help prison personnel in their surveillance tasks.

iii.

Relocation of Detainees Who Require Health Supervision SUHAKAM was notified that the Perlis Correctional Centre did not have a sickbay for medical supervision.
As a result of this, a complainant and his lawyer applied to transfer a detainee to Alor Setar prison which does provide such facilities.

SUHAKAM recommends that the transfer and relocation detainees who require supervision or intensive care by medical officers should be done immediately.

Any delay may affect the detainee’s recovery.

iv.


Drug Trafficking Problem in Prison SUHAKAM was informed by the doctor who treated Mohd Fairuz in the emergency ward that the latter was under the influence of drugs while in detention.

Mohd Fairuz was tested positive for drugs and prison authorities isolated him for 4 months in a separate cell.
SUHAKAM recommends that prison authorities ensure that drug trafficking does not happen in prison and that they take stern action against those trafficking drugs into the prison.

b) Recommendations to Malaysian Ministry of Health v. Follow-up and physiotherapy treatment for detainees SUHAKAM observed that there is no follow up treatment for detainees at Tuanku Fauziah Hospital (HTF).

It is the responsibility of the prison doctor to monitor the progress of the detainee.
However, this process makes it difficult to ensure the detainee gets follow-up treatment because he must obtain approval from the prison doctor before he can be taken to the hospital.

9.

DETAINEES AT IMMIGRATION DEPOTS WHO ARE STILL UNDER POLICE INVESTIGATION SUHAKAM visited several Immigration depots in 2019 and was told of detainees whose deportation orders were suspended by the depot ANNUAL REPORT 2019 69 because of pending police investigations.
Some of these detainees have been detained for over two years.

The Immigration Depot informed SUHAKAM that PDRM did not provide them feedback on the status of the investigations.

Among the affected depots are Belantik Immigration Depot with 50 detainees up to April 2019 and Machap Umboo Depot with 131 detainees until June 30, 2019.

C H A P T E R 1 Suspending the deportation of detainees for a long period can affect their physical and mental health.
This action may lead to a violation of their human rights, clearly stated in Article 9, 10 and 11 of the Universal Declaration of Human Rights 1948 (UDHR)2.

The maxim “Justice Delayed is Justice Denied” can be applied here.

The suspension has also raised the cost to the government in holding detainees.

The Malaysian Immigration Department and PDRM are advised to come out with a better mechanism and improve their communication in order to ensure that detentions ate not prolonged unnecessarily.

10.
10.

FORENSICS SEMINAR 2019 1.

2.

2 This seminar is an annual event conducted by the Complaints and Monitoring Division (CMD) to create awareness of the rights of detainees and reduce the number of custodial deaths nationwide.

The valuable knowledge from this seminar serves as one of the continuous efforts by SUHAKAM to improve the conditions in detention centres and enhance the role of the authorities and agencies when investigating custodial deaths.
This year, SUHAKAM had the honour of inviting Dr. Joseph Andrew D. Jiminez, Medico-Legal Officer IV, Forensics Division, Investigation Office, Commission on Human Rights of the Philippines (CHRP), to share the Philippines’ experience in investigating human rights violations.

Common knowledge on investigations conducted by national human rights institutions (NHRIs) was shared during the session.
He The Universal Declaration of Human Rights 1948 (UDHR): (i)Article 9 – No one shall be subjected to arbitrary arrest, detention or exile; (ii)Article 10 – Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him; (iii) Article 11 – Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
70 SUHAKAM 3.

4.

5. also talked about how the CHRP Forensics Division was established to conduct medico-legal examinations of persons/remains of victims suspected of having been tortured; and assessing the health and condition of persons held (in prison, lock-ups etc.).

It would report the findings to the CHRP and courts.

Another focus area was the Istanbul Protocol shared by Dr. Joost Jan Den Otter from the International Committee of the Red Cross (ICRC) Malaysia.
The Protocol assists in investigating allegations of torture.

The module covers the definition of torture and ill-treatment, ethical codes, legal investigation of torture, general interview considerations, international standards and prevention of torture; accountability measures and safeguards against torture for a person deprived of liberty.
Speakers from the Ministry of Health (MOH), Attorney General’s Chambers (AGC), the Bar Council, Prisons Department, Royal Malaysia Police (PDRM), Immigration Department Malaysia, and forensic consultants and psychiatrists shared their knowledge and aspirations for the healthcare of detainees in Malaysia.
SUHAKAM observed that medical professionals (medical officers, forensic pathologists) in the public health sector play an essential role in detainees’ healthcare as they provide crucial information on the medical history of detainees, especially in cases of custodial death.

Their role should be enhanced so as to improve healthcare services in detention centres and reduce the occurrence of death within the system.

6.
The two-day seminar, which was held on 19-20 November 2019 in Kuala Lumpur, discussed various challenges and issues at detention facilities: a) b) c) d) Lack of resources and services such as a pharmacist, medical care staff and proper facilities to help detainees with disabilities; The unhealthy environment in detention centres - poor ventilation and lighting, unhygienic conditions, limited drinking water, no regular change of clothes, and employing the ‘bucket system’ in cells; Scabies is a common problem in detention centres; The data on deaths in detention centres do not correspond to the definition of death in custody; ANNUAL REPORT 2019 71 C H A P T E R 1 e) f) Foreigners have limited access to legal counsel and are reluctant to complain about violations of human rights due to their vulnerability; Over-crowding: i) The ratio of prison staff to inmates is disproportionate; ii) The increase of inmates affected the budget significantly as well as the facilities to house them; g) h) i) Proper medical reports are not provided to the Immigration Detention Centre when foreign detainees are handed over from other enforcement agencies.
This may affect their health if they have existing medical conditions.

There is also a lack of medicine and medical assistants (MA) and limited medical facilities; Depression and bipolar disorder are common among prisoners/ detainees.
The doctors and prison officers lack training and experience in dealing with these medical conditions and may fail to report any psychiatric illness; and Lack of funding for psychotropic medication and only a small portion of the budget is allocated to the psychiatric department.

Forensics Seminar in Kuala Lumpur.
72 SUHAKAM Recommendation a) b) c) Create a conducive environment in detention centres, in compliance with international standards, and ensure that they are equipped with facilities for persons with disabilities; Validate screening tools that help prison and detention centres illness and what assistance understand clearly psychiatric is needed; Establish an Independent Medical Unit to record and report allegations of ill-treatment or torture; review standard operating procedures (SOPs) to enable the above and ultimately to reduce deaths from ill health and/or ill-treatment; Increase the ratio for detention personnel and inmates; d) Ie) dentify and diagnose health issues among the staff; f) Provide training and career development opportunities for all personnel.
11.

PUBLIC INQUIRY INTO THE DISAPPEARANCE OF INDIVIDUALS In the 2018 Annual Report, it was reported that SUHAKAM convened a public inquiry into the disappearance of Pastor Raymond Koh and Amri Che Mat.

The inquiry into Pastor Raymond Koh’s disappearance commenced on 19 October 2017 and concluded 8 December 20183.

A total of 16 witnesses testified.

The inquiry into Amri Che Mat’s disappearance began on 22 January 2018 and ended on 31 October 2018.

There were 24 witnesses in total.


In 2019, all the parties in the Public Inquiry gave written and oral submissions to the panel.

Subsequently, the inquiry panel announced its findings on 3 April 2019.
(The full report is available at www.suhakam.org.my) The Public Inquiry concluded the following: 3 The inquiry into Pastor Raymond’s disappearance was temporarily ceased in deference to a letter dated 15 January 2018 from the police informing the panel that a suspect has been charged in court for an offence under section 365 of Penal Code in relation to the disappearance of Pastor Raymond Koh.
The police cited section 12(1) of Human Rights Commission of Malaysia Act 1999, which provides that SUHAKAM may not investigate complaints which are the subject matter of proceedings pending in a court of law or which have been finally decided in court.
Subsequently, after hearing from all the parties, the inquiry panel members announced that they will proceed and continue the hearing in the Public Inquiry into the disappearance of Pastor Raymond Koh as the subject matter (in ToR) was not the same as in the court proceedings.

ANNUAL REPORT 2019 73 i.


Enforced Disappearance by Agents of the State The Panel is of the considered view that the enforced disappearance of Pastor Raymond Koh and Amri Che Mat was carried out by the agents of the State namely, the Special Branch, Bukit Aman.

Their disappearance falls within the definition of the first limb of Article 2 of International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED).

C H A P T E R 1 ii.
C H A P T E R 1 ii.

Enforced disappearance by Non-State Agents The Panel finds there is no evidence to support the contention that Pastor Raymond Koh and Amri Che Mat were abducted by persons or group of persons acting with the authorisation, support or acquiescence of the State.

Recommendations of the Panel of Inquiry4 i.
Authorities to respect freedom of religion as a fundamental human right The fundamental right to freedom of religion is explicitly set out in the UDHR as well as Article 11(1) of the Federal Constitution of Malaysia, read with Article 11(4) which states that “state law and, in respect of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam”.
Freedom of religion is also recognised in the International Covenant on Civil and Political Rights (ICCPR), the Declaration on the Elimination of all Forms of Intolerance and of Discrimination Based on Religion or Belief, and resolutions of the UN Human Rights Council and General Assembly.

ii.

Demarcation between the police and religious authorities The Panel is of the view that the police should not be involved in religious matters unless the situation warrants such an intervention.
A clear demarcation must be drawn up, shared with the public and enforced accordingly.

The Panel recognises that there are situations where police assistance is needed to ensure that law and order are maintained.

Therefore, there must be clear SOP for police intervention.

It must be emphasised that intervention should only be exercised in situations of real, grave and imminent threat to national security.

4 Public Inquiry into the Disappearance of Pastor Raymond Koh: Final Decision, 61-68.
74 SUHAKAM iii.

Reform of Police Standard Operating Procedures Investigation papers In the interests of justice and public interest, the Panel is of the view that documents such as the sketch plan of the scene should be declassified, be produced and admitted as evidence in the Public Inquiry to facilitate the Panel’s investigation.
Cases of missing persons, abductions and disappearances In view of the Panel’s finding that Pastor Raymond Koh and Amri Che were victims of enforced disappearance, the Panel urges the police to reclassify both cases as an enforced disappearance case from a missing persons case and to re-investigate accordingly.
Role of Special Branch The Panel recommends that the Special Branch is made accountable and its powers and responsibilities are spelt out in the law so that it can function impartially and independently.

The term ‘security’ must also be clear to avoid the abuse of power.

These changes will put the agency under scrutiny but will increase its accountability.
Independent Police Complaints and Misconduct Commission (IPCMC) Counsel for the families of Pastor Raymond Koh and Amri Che Mat and from the Bar Council submitted that an integral part of the primary investigations into the disappearance of the above individuals would be to investigate the conduct of the police investigation to date.

This is based on their belief that the police investigation was a cover-up.
This situation supports the call by the Bar Council to establish the IPCMC so that allegations against the police can be properly addressed.

iv.

Set up a Special Task Force to investigate the disappearance of Pastor Raymond Koh and Amri Che Mat The Panel recommends that a Special Task Force be set up to re- open and re-investigate the cases of Pastor Raymond Koh and Amri Che Mat as enforced disappearances, instead of missing persons.
The Special Task Force should comprise independent investigators to be appointed by the Attorney General.

Legal reform v. Amendments to the law in Malaysia The Penal Code and Criminal Procedure Code should be reviewed to incorporate enforced or involuntary disappearances as a specific category under missing persons.
ANNUAL REPORT 2019 75 C H A P T E R 1 Ratifying international instruments The Malaysian Government should ratify ICPPED as it provides guidelines on identifying elements of enforced disappearance and clearly outlines the role of the government in investigating the offence and other related offences.
Pursuant to the findings and recommendations of the Public Inquiry, Home Minister Tan Sri Muhyiddin Yassin announced on 8 May 2019, the setting up of a special task force to look into the findings, giving them six months to complete their investigations.

The task force has not announced any progress in or the status of its investigations as yet.

12.
12.

WORKING MEETING WITH INSPECTOR GENERAL OF POLICE i. SUHAKAM met with YDH Dato’ Abdul Hamid Bador, the Inspector General of Police (IGP) on August 21, 2019, and discussed positive cooperation between SUHAKAM and PDRM, as well as issues of mutual interest.

ii.

The ongoing positive cooperation between SUHAKAM and PDRM is helping provide human rights training for police at all levels.

Knowledge and awareness of human rights principles should be applicable to PDRM members, right from recruitment.
SUHAKAM is also looking into the possibility of PDRM conducting human rights training for their members through the introduction of a Human Rights Module published by SUHAKAM.

Among the partnerships formed were the establishment of a Custodial Medical Unit at PDRM- centralised lock-ups.

iii.

SUHAKAM welcomes PDRM’s acceptance of SUHAKAM’s recommendation for a visit without notice to all lock-ups in Malaysia.
SUHAKAM is of the view that efforts to uphold the integrity and preparedness of the PDRM are important as well as ensuring that lock-ups under PDRM supervision uphold human rights principles and standards.

iv.

SUHAKAM also discussed the complaints it received regarding the practice of chain remand that appears to violate human rights principles.

PDRM responded that chain remand is not employed in all cases and that the process itself is in line with the IGP’s Standing Order No.

6.
6.

However, SUHAKAM considers the practice needs to be investigated further and refined because a person should be charged in court with committing an offence if police have evidence against the suspect.

If PDRM cannot present evidence, the detainee should be released.

76 SUHAKAM v. Following visits to police lock-ups, SUHAKAM has recommended to the Government that latest equipment and facilities to ensure the highest quality of services from PDRM.
This is also to ensure the welfare of PDRM members is maintained.

it provides PDRM with the 13.

WORKING MEETING WITH THE CHIEF COMMISSIONER OF THE MALAYSIAN ANTI-CORRUPTION COMMISSION (MACC) i. SUHAKAM held a working meeting with YDH Ms Latheefa Koya, the Chief Commissioner of the Malaysian Anti-Corruption Commission on August 16, 2019 to discuss issues related to corruption and human rights.

SUHAKAM, under Section 12 (1) of Act 597, also receives complaints regarding corruption.

ii.
ii.

The matter of drugs being smuggled into detention centres has often been raised during SUHAKAM’s visits to these places.

Smuggling occurs because of a lack of integrity and misuse of power among staff who have contact with detainees.

The fact that the SOP is weak and not very transparent make it easy for corrupt activities to thrive.

The MACC is aware of the misuse of power by the authorities and will work earnestly to investigate and combat corruption in places of detention.

iii.
iii.

The MACC also guaranteed that any individual who provides information relating to corruption will be protected.

These include vulnerable groups such as refugees dan asylum seekers.

SUHAKAM will not compromise and will continue to investigate complaints of misconduct and corruption.

SUHAKAM welcomes the MACC’s assurance as individuals who have information on corruption can submit their complaints to MACC without fear of being threatened by any party.

14.
14.

ROUNDTABLE DISCUSSION ON THE ISSUE OF CHAIN REMAND BY POLICE The Complaints and Monitoring Division, in collaboration with the Law and International Treaties Division, jointly held a roundtable discussion on chain remand arrests on 26 November 2019.

It was attended by 46 representatives of various government agencies and civil society associations, legal practitioners and academics to provide input and views on complaints and issues related to chain remand arrests.
ANNUAL REPORT 2019 77 C H A P T E R 1 Roundtable discussion on chain remand arrest.

As a result of this discussion, SUHAKAM recommends that the following actions be undertaken by the Judiciary (the Magistrate), enforcement agencies (PDRM) and legal practitioners (Bar Council): The Magistrate i. ii.

iii.

iv.

v. vi.

vii.
The Magistrate should ensure that the provisions under Section 117, especially in subsections (3) to (7), are met before an application for remand is approved; The Magistrate should ensure that each IO submits a complete investigation journal with all the information, as required under Section 119, before remand is approved; The Magistrate should review the OKT’s detention record before approving a remand application, for example, whether he went to the authorities voluntarily; The Magistrate should order PDRM not to re-arrest OKT within 48 hours; The Magistrate should play the role of check and balance.
He or she should assure the OKT of his right to speak freely and without fear of whether he had suffered any abuse from the time of his arrest and if he had any health problems; The Magistrate should identify OKTs without legal presentation and arrange for assistance from YBGK; The Magistrate should release the OKT temporarily pending the results of a urine test and not issue a remand order; 78 SUHAKAM viii.

ix.
ix.

It is recommended that a filing system containing records of the OKT be created, and for the Magistrate and prosecutor to have access to it to monitor and have the full information about an OKT, when determining a remand application; and The Magistrate to require all OKT to undergo a health screening and only remand those who are fit to be detained.

Royal Malaysia Police (PDRM) i. ii.

iii.

iv.


The police should conduct thorough investigations and gather all the necessary information before any OKT is detained; The police should be provided with the latest equipment and technologies so the investigation process can be more efficient; The police should stop holding OKT in several districts and detaining them under preventive detention laws like the Prevention of Crime Act (POCA) 1959.

This process is open to abuse of an OKT’s human rights.
If police have evidence of a crime the OKT should be prosecuted in open court; and The investigation and detention of an OKT should be under one IPD only, even though the case may be related to other IPD.

Bar Council i. ii.
Bar Council i. ii.

It is recommended that all legal practitioners brief OKT on their rights so the OKT can tell them whether their rights have been violated, before meeting the Magistrate; and It is recommended that the list of legal aid lawyers and YBGK’s address is available in every police lock-up and made known to the OKT.

THE WAY FORWARD SUHAKAM will continue to protect human rights through its Complaints and Monitoring Division.
The division plans to continue its audit visits to ensure that detention centres comply with human rights standards.

SUHAKAM will be focusing on climate change issues by conducting capacity building sessions for its staff and investigating complaints on related matters.

SUHAKAM will also organise strategic meetings of experts to address the problem of scabies at detention centres.
Finally, SUHAKAM hopes that the establishment and launch of a custodial medical unit at five centralised police lock-ups will take place in 2020.

ANNUAL REPORT 2019 79 C H A P T E R 1 1.4 COMMUNICATION AND INTERNATIONAL ENGAGEMENT OVERVIEW SUHAKAM continued to strengthen its collaborations with other NHRIs and networks, as well as its contributions to UN mechanisms.
As a member of various international networks and in partnerships with international organisations, SUHAKAM was able to increase its capacity further and strengthen its recognition on the regional and global level as a serious proponent of human rights both at home and abroad.

In addition, SUHAKAM continued to play a strategic role in building relationships with the media, as well as to inform and educate stakeholders on SUHAKAM and its public policy positions.
The ongoing relationship between SUHAKAM and the media is vital in order to maximize positive coverage of human rights when SUHAKAM issues its comments and press statements.

It generates publicity for SUHAKAM’s activities and expand the options to promote, empower and provide education on human rights through various mediums, such as videos, publications, libraries etc.

A.

INTERNATIONAL COORDINATION 1.


UNIVERsAL PERIODIC REVIEW The Universal Periodic Review (UPR) is a mechanism of the Human Rights Council.

It’s where the human rights record of all UN Member States undergo a peer review every 4.5 years.

On 14 March, Malaysia’s Working Group Report for the Third UPR was considered and adopted at the 40th Regular Session of the Human Rights Council.
Of the 268 recommendations received, the government fully accepted 147 recommendations, partially took 37 recommendations and noted the remaining 84 recommendations.

While an encouraging step forward, SUHAKAM hopes that the government will commit to accepting more recommendations.

In particular, those related to the accession of the six remaining core 80 SUHAKAM human rights treaties, the withdrawal of all reservations to existing treaties, and raising the minimum age for marriage to 18 years.
Other instruments requiring ratification are the 1951 International Convention on Refugees, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

From 30 – 31 October, UPR Info, in partnership with Aurora Consultancy organised a Regional Workshop on Human Rights Monitoring for the UPR for national human rights institutions (NHRI) from Asia and the Asia Pacific Region.
The workshop aimed to strengthen and promote NHRI engagement in the follow-up and implementation of UPR recommendations.

Table 9: Classification of Recommendations for Malaysia’s 3rd UPR No.

Classification of Recommendations Received Accepted Percentage Accepted Breakdown of Acceptance Noted In part In full 1. International Obligations 2.

Civil and Political Rights 3.

Economic, Social and Cultural Rights 4.

Vulnerable Groups 5.

Trafficking in Persons 6.

Discrimination 7.


National Unity and Social Cohesion 8.

Human Rights Education and Training 9.

Sustainable Development Goals and Development 10.

Counter-terrorism 11.

Human Rights Defenders and Journalists 12.

Judiciary 13.

Corporal Punishment 57 50 54 97 11 3 5 3 4 1 2 1 2 14.
General Recommendations 2 on the Promotion and Protection of Human Rights TOTAL 292 202 69 (ave) 159 43 90 Note: The total number of recommendations in this table is more than the 268 recommendations as some appeared in more than one category and thus, counted more than once.

The overall percentage of accepted recommendations is 69%.
ANNUAL REPORT 2019 81 SUHAKAM organised UPR Consultations with the State Governments of Sarawak and Sabah from 25 – 26 November.

The purpose of the consultations was to brief state government officials on the UPR process and discuss the implementation of accepted recommendations.

The Ministry of Foreign Affairs and Legal Affairs Division of the Prime Minister’s Department were invited to discuss implementation strategies at the federal level.
The consultations provided a useful platform for constructive dialogue and in bridging the gap between the federal and state governments.

C H A P T E R 1 Consultation with the State Government of Sabah on Malaysia’s Third UPR.

SUHAKAM observed notable efforts by the government since its review in November 2018, namely in the issuance of a standing invitation to UN Special Procedures, for example, Special Rapporteurs, and carrying forth its commitment to conduct half-yearly reviews.
SUHAKAM commends the government for its commitment to preparing annual status reports.

And SUHAKAM is pleased to note that the Ministry of Foreign Affairs is currently leading efforts to develop the contents of the UPR monitoring matrix.

However, SUHAKAM is of the view that the government can make further improvements in its approach towards the UPR process.
SUHAKAM reiterates its call to the government to establish a Permanent Inter- Ministerial Tracking System for effective coordination as well as to educate civil servants and the public on the UPR.

82 SUHAKAM 2. INTERNATIONAL PARTICIPATION/MEETINGs SUHAKAM is a member of four NHRI networks with each network having its function and objectives.
i. Southeast Asia National Human Rights Institutions Forum The Southeast Asia National Human Rights Institutions Forum (SEANF) is a sub-regional network of six NHRIs: Indonesia (Komnas HAM), Malaysia (SUHAKAM), Myanmar (MNHRC), the Philippines (CHRP), Thailand (NHRCT) and Timor Leste (PDHJ).

As the current chair of SEANF, PDHJ hosted two Technical Working Group meetings and SEANF’s annual meeting in Timor Leste, all of which SUHAKAM attended.
Alongside the yearly meeting, PDHJ organised a half-day seminar on “Ensuring the inclusiveness and equality for persons with disabilities”.

During the session, SUHAKAM shared its best practices on the promotion and protection of the rights of persons with disabilities.

SUHAKAM also shared the main challenges to the promotion and protection of persons with disabilities in the Malaysian context.
They include the following: • • • Lack of penalties or real legal repercussions under the Persons With Disabilities (PWD) Act; Lack of interest, information or promotion regarding PWD and their challenges; and Weak enforcement of laws, particularly those relating to building codes In 2017, SEANF members proposed the development of regional guidelines to assist them in preventing torture effectively.

The Association for Prevention of Torture (APT) was invited to provide technical support.
The SEANF Guidelines on Torture Prevention is expected to be completed by the end of 2019. ii.

Asia Pacific Forum of National Human Rights Institutions The Asia Pacific Forum of National Human Rights Institutions (APF) is a coalition of 24 NHRIs from the Asia Pacific Region.

The APF promotes and facilitates the capacity-building of member institutions through various programmes.

As an ‘A’ status NHRI, SUHAKAM has voting and participatory rights.
ANNUAL REPORT 2019 83 The 24th APF Annual General Meeting and Biennial Conference took place from 3 – 5 September in Seoul, Korea.

SUHAKAM attended both sessions and also spoke on the topic ‘Measures to prevent hate and discrimination in all parts of our societies’.

iii.

Commonwealth Forum of National Human Rights Institutions The Commonwealth Forum of National Human Rights Institutions (CFNHRI) is an international network of NHRIs across the Commonwealth.
The objective of the CFNHRI is to build partnerships, share information through experiences and best practices among member institutions and to advance human rights collectively.

C H A P T E R 1 CFNHRI hosted a Workshop on Sports and Human Rights from 3 – 5 September in Kigali, Rwanda, which took place alongside the General Assembly of the Commonwealth Games Federation.

SUHAKAM participated in the workshop together with the other Commonwealth NHRIs.
The workshop emphasised that sport and human rights are interlinked concepts and that every person - regardless of age, gender, disability, religious belief, social background, political opinion, race, ethnicity or nationality - has the right to participate in sports meaningfully.

Apart from that, sports can also help promote human rights and sustainable development, and foster cooperation, solidarity, fairness, social inclusion, education and health at the local, regional and international levels.

iv.
iv.

Global Alliance of National Human Rights Institutions Institutions The Global Alliance of National Human Rights (GANHRI) is the international network of NHRIs to promote and strengthen NHRIs’ compliance of the Paris Principles and support NHRI engagement with the UN system and other international organisations.

GANHRI currently has more than 100 members, including SUHAKAM.

SUHAKAM attended GANHRI’s Annual Meeting in March 2019.

84 SUHAKAM 3.
CONTRIbUTIONs AND sUbMIssIONs In 2019, Malaysia welcomed several country visits from Special Rapporteurs, namely: • • • • Special Rapporteur in the field of Cultural Rights, Ms. Karima Bennoune; Special Rapporteur on the situation of human rights in Myanmar, Ms. Yanghee Lee; Special Rapporteur on Minority Issues, Dr. Fernand de Varennes ; and Special Rapporteur on Extreme Poverty and Human Rights, Professor Philip Alston Meeting with the Special Rapporteur on Extreme Poverty and Human Rights, Professor Philip Alston, during his country visit to Malaysia.
In the meetings with the Special Rapporteurs, SUHAKAM provided independent observations, made recommendations and highlighted complaints received concerning the issues concerned.

As an ‘A’ status NHRI, SUHAKAM utilised its participatory rights at the Human Rights Council sessions through oral and video intervention statements.
During the 40th Session of the Human Rights Council (25 February to 22 March 2019), SUHAKAM delivered its statements during the adoption of Malaysia’s UPR Working Group Report, the report of the visit by the Special Rapporteur on the Sale and Sexual Exploitation of Children, and report of the visit by the Special Rapporteur in the Field of Cultural Rights.
ANNUAL REPORT 2019 85 SUHAKAM also participated in the 42nd Session of the Human Rights Council (9-27 September 2019) by submitting a written statement on the report of the visit by the Special Rapporteur on the Human Rights to Safe Drinking Water and Sanitation.

SUHAKAM urged the government to consider the recommendations of the Special Rapporteurs positively and to implement the recommendations.
C H A P T E R 1 Aside from meetings and statements, SUHAKAM engages with the UN’s Special Procedures through submissions.

SUHAKAM made its first submission to the Special Rapporteur on Extreme Poverty and Human Rights on the state of human rights in Malaysia.

SUHAKAM is currently drafting a brief for the Special Rapporteur on Hazardous Substances and Wastes on the contamination of Sungai Kim Kim.
To date, SUHAKAM has visited and conducted an investigation at Sungai Kim Kim and met with various government agencies.

4. INTERNATIONAL COOPERATION On 23 April, SUHAKAM and the National Commission on Human Rights of Indonesia (Komnas HAM) bilaterally signed a Memorandum of Understanding (MoU) on the issue of statelessness in Sabah.

The Commission on Human Rights of the Philippines (CHRP) participated as an observer.
All three NHRIs also discussed and created a plan of action to be implemented for the next two years.

At the time of writing, CHRP indicated that they would sign the MoU as an official party in 2020.

SUHAKAM and the National Human Rights Commission of Indonesia (Komnas HAM) signed a Memorandum of Understanding on the issue of stateless people in Sabah.
86 SUHAKAM On 14 November, SUHAKAM and the National Human Rights Commission of Nepal (NHRCN) signed an MoU on the Rights of Migrant Workers and people residing in both countries.

They developed an action plan and both parties will implement the prescribed activities over a year.

SUHAKAM also signed an MoU with the National Human Rights Commission of Nepal (NHRCN) on the Rights of Migrant Workers.
SUHAKAM facilitated a study visit to Malaysia by the Regional Human Rights Commission (RHRC) of the Bangsamoro Autonomous Region in Muslim Mindanao in the Philippines.

The study was to learn about the function of NHRIs, and best practices from SUHAKAM as well as related stakeholders, including but not limited to CSOs, NGOs and government partners.

During their visit, the RHRC participated in a session of ‘SUHAKAM Bersama Masyarakat’ and a visit to the Orang Asli village of Pulau Carey.
ANNUAL REPORT 2019 87 C H A P T E R 1 b.

MEDIA RELATIONs 1.

PReSS STATeMeNTS ANd PReSS CONFeReNCeS This year, SUHAKAM issued 44 press statements addressing various human rights issues affecting several vulnerable groups.

They touched on Orang Asli/Asal land rights, protection against discrimination in the employment process, alternatives to placing children in detention centres, and the right to a clean and sustainable environment.
The statements also covered SUHAKAM’s stance on the responsibility of legislative bodies to review, repeal or amend security laws that breach fundamental liberties, among others.

SUHAKAM also issued statements to commemorate United Nations International Days relevant to human rights and publicise its activities and events for the year.

MRD held the following press conferences in 2019: i.

Joint Press Conference with SUARAM to highlights issues concerning children detained under POCA.

ii.
ii.

Press Conference on the decision of the public inquiry into the disappearances of Amri Che Mat and Pastor Raymond Koh.

iii.

Press Conference on the launch of the joint report between SUHAKAM and Fortify Rights, a non-profit organisation, on the discovery of the mass graves at Wang Kelian.

iv.

Press Conference on the release and launch of SUHAKAM’s 2018 Annual Report.

v. Press Conference on the National High-Level Dialogue (NHLD) on Business and Human Rights.

vi.
vi.

Press Conference on the Regional Dialogue on Malaysia’s Accession to the UNCAT.

vii.

Press Conference to introduce the new commissioners of SUHAKAM for the term 2019-2022. viii.

Press Conference on SUHAKAM’s 20th Anniversary.

ix.

Press Conference on 2019 International Human Rights Day Celebration.

88 SUHAKAM Press Conference on 2019 International Human Rights Day Celebration.

2.
2.

MEDIA INTERVIEWs AND OTHER COVERAGE SUHAKAM Commissioners appeared on “Let’s Talk with Sharaad Kuttan”, an interactive interview TV show that focused on various topics concerning human rights.The interview touched on the following: i.

Human Rights and Islam ii.

Process of ratifying ICERD iii.

OKU Rights in Malaysia iv.

Human Rights in Sarawak v. Wang Kelian Human Trafficking vi.

Findings of the public inquiry into the disappearances of Pastor Raymond Koh and Amri Che Mat vii.
SUHAKAM - Resistance to Human Rights Discourse viii.

Challenges in Teaching Human Rights, ix.

Understanding human rights - Is the law sufficient?
SUHAKAM also appeared on radio and other broadcast interviews, and in newspapers, on on-going human rights issues such as enforced disappearances, actions/activities that impact the livelihood of the local community (farmers, fishermen and plantation workers), ratification of international human rights treaties and SUHAKAM’s 20-year journey as the National Human Rights Institution in Malaysia.

ANNUAL REPORT 2019 89 3.


MEET THE PREss 2019 The media has a crucial role and responsibility in disseminating information, raising awareness, informing and educating people about human rights.

In appreciating the support of its media partners in covering human rights issues in Malaysia, as well as strengthening the cooperation between both parties, SUHAKAM invited representatives from all media outlets to Meet the Press event at the Sheraton Imperial Hotel Kuala Lumpur on 21 February 2019.
C H A P T E R 1 YB Gobind Singh Deo, Malaysian Minister of Communications and Multimedia, officiated at the event.

Subsequently, the documentary ‘Hak Yang Hilang’ by Datuk A. Kadir Jasin, Communication and Media Advisor to the Prime Minister was screened.

A dialogue session with the press entitled “The Fourth Estate: Brave & Ethical Journalism in Malaysia Baharu” followed.

SUHAKAM also presented its planned activities for 2019.
YB Gobind Singh Deo, Malaysian Minister of Communications and Multimedia officiates the ‘Meet the Press 2019’.

90 SUHAKAM 4.

MULTIMEDIA AND CREATIVE CONTENT SUHAKAM took part in a digital storytelling project by the Asia Pacific Forum of National Human Rights Institutions (APF).

The purpose of the project was to encourage NHRIs to raise awareness on human rights issues, engage with the community and advocate for effective change through creative means.
Through an APF grant, SUHAKAM produced a digital story focusing on the physical barriers faced by persons with disabilities when practising their right to worship.

The digital story titled “I Want to Pray” is available for online viewing at SUHAKAM’s Facebook page and APF ‘s YouTube channel.

SUHAKAM is currently working on producing short videos based on its work and international human rights treaties.

It is to promote the role of each division and to raise awareness of the treaties.
SUHAKAM is also currently in the process of digitising and uploading all creative content, including graphics and videos, online for educational, archival and public usage purposes.

5. sOCIAL MEDIA Social media has become a significant platform for the public to express opinions, respond, debate and discuss human rights issues.

SUHAKAM has an active social media presence and has expanded our communication to reach global audiences on Facebook, Twitter and Instagram.
As of this year, SUHAKAM has 15,900 followers on Twitter, 13,360 likes on Facebook and 685 followers on Instagram.

ANNUAL REPORT 2019 91 C. PUbLICATION AND DOCUMENTATION 1.

ANNUAL REPORT The year 2019 was a historic year for SUHAKAM.

Having celebrated its 20th Anniversary in September; SUHAKAM received the perfect anniversary gift.

Cabinet gave its approval for the 2018 Annual Report to, not only be tabled as per usual practice but debated in the Dewan Rakyat.
That was the first time Members of Parliament are debating Annual Report which is SUHAKAM’s Annual Report.

In line with Promise 26 in Pakatan Harapan’s Manifesto, the historic debate took place on the last day of Third Parliament session for 2019.
This was in line with Article 3 (a) of the Paris Principles5, which states that the essential role of an NHRI is: C H A P T E R 1 “To submit to the government, Parliament and any other competent body, on an advisory basis, either at the request of the authorities concerned or through the exercise of its power to hear a matter without higher referral, opinions, recommendations, proposals and reports on any matters concerning the promotion and protection of human rights; the national institution may decide to publicise them; these opinions, recommendations, proposals and reports, as well as any prerogative of the national institution, shall relate to…” With the debate taking place in the Parliament this year, and with the expectation and prospect of the same in the coming years, human rights issues should get due prominence and attention by elected representatives and the community at large.
Human rights appear in Part II of the Federal Constitution as Fundamental Liberties (Article 5z to 13).

It is the responsibility of all Parliamentarians representing their constituents and as legislators to recognise the issues, and to seek practical and permanent solutions.
5 Paris Principles defined at the first International Workshop on National Institutions for the Promotion and Protection of Human Rights in Paris 7-9 October 1991, and adopted by Human Rights Commission Resolution 1992/54, 1992 and General Assembly Resolution 48/134, 1993.

92 SUHAKAM On 5 December, Minister in the Prime Minister Department (Law) YB Liew Vui Keong read the motion to debate the report.
Following that, 13 MPs delivered statements and raised issues relating to the citizenship rights of children, child protection, the rights of refugees and asylum seekers, Orang Asli land rights, the importance of strengthening SUHAKAM’s independence to enable it to fulfil its mandate, and the need to make debating the SUHAKAM Annual Report an annual practice.

Datuk Liew Vui Keong with SUHAKAM’s Commissioner during Press Conference in Parliament after SUHAKAM Annual Report 2018 debate session.

2.
2.

THE 2019 HUMAN RIGHTs PHOTOGRAPHy COMPETITION The 2019 Human Rights Photography Competition held from 1 July to 30 September 2019.

The competition is the second such event, with the first one in 2010.

The main objective was to raise awareness and educate Malaysians on human rights through photography.
The competition serves to elicit curiosity, and help the public relate to incidents of human rights violations within society and see the need to ANNUAL REPORT 2019 93 C H A P T E R 1 take action to prevent or correct such actions.

Overall, the competition achieved its objectives with the theme “Human Rights in Malaysia” using the hashtag #lihathak.

Participants may demonstrate their interpretation of human rights and recognise the opportunity for each to play a role in addressing violations that occur.
SUHAKAM received 477 submissions at closing, and 12 photos made it for final consideration.

The first prize winner won RM4,000; whilst second and third prize winners received RM2,000 and RM1,000 respectively.

The three consolation prize winners received RM200 each.

In addition, all entrants also received certificates for participation.

SUHAKAM wishes to congratulate all participants and winners for their submissions and showing interest in the topic of human rights.
In short, the competition was successful in connecting human rights with the civilians’ daily life and surroundings.
Table 10: List of Winners for the 2019 Human Rights Photography Competition Prizes List of Winners Photo Titles Location 1st Prize Mohd Samsi Bin Sumairi Pupus (Lost) 2nd Prize Suzairi Bin Zakaria 3rd Prize Chen Soon Ling Consolation Prize Leong Chee Wai Syadan Bin Ganu Hak yang Belum Selesai (Incomplete Rights/Pending Rights) Risiko Orang Kurang Upaya di Jalan Raya (Risks faced by Persons with Disabilities on the Road) Anak-Anak yang Terabai (Neglected Children) Kanak-Kanak Bajau Laut Menghadiri Kelas Bimbingan Insan (Bajau Laut Children Attend Education Classes) Gua Musang, Kelantan Kuala Koh, Kelantan Petaling Jaya, Selangor Semporna, Sabah Kunak, Sabah Mohamad Alias Bin Shakri Hope Kuala Koh, Kelantan 94 SUHAKAM Pupus by Mohd Samsi bin Sumairi Hak yang Belum Selesai by Suzairi bin Zakaria ANNUAL REPORT 2019 95 C H A P T E R 1 Risiko Orang Kurang Upaya di Jalan Raya by Chen Soon Ling Anak-Anak yang Terabai by Leong Chee Wai 96 SUHAKAM Kanak-Kanak Bajau Laut Menghadiri Kelas Bimbingan Insan by Syadan bin Ganu Hope by Mohamad Alias bin Shakri ANNUAL REPORT 2019 97 3.
HUMAN RIGHTs CORNER SUHAKAM continues to raise public awareness and to promote human rights with various stakeholders in the country through a Human Rights Corner (HR Corner) programme set up in a library.

Focusing on visits from the local community, the Library Unit will highlight SUHAKAM’s Journals, Bulletins, Reports, Brochures and Pamphlets in specified venues over a certain period.

C H A P T E R 1 During the year, SUHAKAM engaged with three bodies to establish a Human Rights Corner on their premises.
They are Institut Koperasi Malaysia (Co-operative Institute of Malaysia), Institut Sosial Malaysia (Social Institute of Malaysia) and INTI International University.

It is a good start, and hopefully a good step forward for the future.

Table 11: List of SUHAKAM’s Human Rights Corner in 2019 No.

1.

2.

3.
1.

2.

3.

Venue Malaysian Cooperative Institute, Petaling Jaya, Selangor INTI International University, Nilai, Negeri Sembilan Institut Sosial Malaysia, Sungai Besi, Kuala Lumpur Operational date 5 August 2019 25 September 2019 21 December 2019 HR Corner in Malaysian Cooperative Institute.

98 SUHAKAM HR Corner in INTI International University.
THe WAy FORWARd SUHAKAM looks forward to working closely with MOFA and the ministries concerned in monitoring the implementation of UPR recommendations, improving the government’s approach toward the UPR process and engagement with other UN mechanisms and will continue to use its regional and international platforms to encourage collaboration as well as strengthen and expand its global networks to address human rights issues of common concern.
Through the international MoUs, SUHAKAM will collaborate and support its counterparts in implementing activities as set out in the action plan toward alleviating crossborder issues.

SUHAKAM will also endeavour to strengthen its partnership with the media to promote its work and activities via various media platforms to raise awareness of human rights.
Following the excellent response to the photography and video competitions, we believe that any other competitions on human rights organised by SUHAKAM will also attract participation from the public and stakeholders.

In the future, SUHAKAM expects the presentation and debate of the annual report in Parliament will gain more attention and involvement from Members of Parliament (MP).

Their participation will show the public that MPs understand human rights and will fight for their communities’ rights.
Besides that, we also hope that universities and similar bodies will welcome agreements to set up more Human Rights Corners on their premises.

ANNUAL REPORT 2019 99 C H A P T E R 1 1.5 COMMeMORATION OF SUHAKAM’S 20TH ANNIVERsARy AND 2019 INTERNATIONAL HUMAN RIGHTs DAy CELEbRATION COMMeMORATION OF SUHAKAM’S 20TH ANNIVERsARy Parliament established the Human Rights Commission of Malaysia (SUHAKAM) under the Human Rights Commission of Malaysia Act 1999, Act 597.
The Act was gazetted on 9 September 1999 with the inaugural meeting of SUHAKAM held on 24 April 2000.

This year, SUHAKAM celebrated the 20th Anniversary of its founding, with a half-day forum and stakeholder consultation themed “20 years of SUHAKAM & Way Forward” on 12 September 2019.

The consultation revisited the progress of human rights in the country and SUHAKAM’s role and contributions to it.
Two panel sessions consist of Prof. Dato’ Haji Mohd Hamdan Adnan, our past commissioner recalling the establishment of SUHAKAM, the challenges it faced and the efforts undertaken to address human rights issues in the initial phase and Dato’ Hj.

Nordin Hj.

Muhammad from The Prisons Department highlighting that SUHAKAM’s monitoring of prisons and recommendations have helped improve prison conditions.

It has allowed prisoners and detainees to have their basic needs and welfare met.
As a result of SUHAKAM’s continued advocacy and engagement, there are concrete plans to upgrade the prison system, including adopting a more rehabilitative and restorative justice approach as opposed to a mere punitive culture.

The former approach would ultimately lead to the release of productive and rehabilitated ‘ex-prisoners or detainees’ back into the community.
As a representative of civil society organisations, Ms Ivy Josiah, spoke about SUHAKAM’s good work in conducting public inquiries (PI) on matters of public interest.

The inquiries are recognised as an additional ‘judicial’ process to the regular judicial system.

They have become a platform for victims, who may not otherwise have other means or avenues to turn to, to come to SUHAKAM to seek justice and truth.
Civil 100 SUHAKAM society organisations have often pushed the government to accept the recommendations made by SUHAKAM’s numerous PI reports.

The Inquiry on Land Rights of Indigenous People in 2013 was a particularly exceptional report, where SUHAKAM made 18 recommendations, to resolve the customary land ownership issues.

More recently, SUHAKAM’s public inquiry into enforced disappearances has reflected its seriousness in upholding the truth for the families of victims.
It has included making public its findings, that members of enforcement agencies were the likely perpetrators in the disappearances of Pastor Raymond Koh and Amri Che Mat.

The second session was an interactive question and answer discussion that, among others, talked about SUHAKAM’s approach regarding religion, child marriage, death penalty, indigenous people’s rights, modern slavery and human rights education.
In line with SUHAKAM’s efforts to engage with youths, the afternoon session, designed to hear young people talk about human rights, was streamed live via Facebook.

It enabled the human rights message to reach a wider audience and not just those who attended in person.

2019 INTERNATIONAL HUMAN RIGHTs DAy CELEbRATION Human Rights Day is observed by the international community every year on 10 December.
It commemorates the day on which the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR).

The UDHR is a milestone document.

It proclaims the inalienable rights that everyone is entitled to as a human regardless of race, colour, religion, sex, language, political or other opinion, national or social origin, property, birth or other status.
It denotes the formal inception of Human Rights Day since 1950, after the General Assembly passed resolution 423 (V) inviting all States and interested organisations to adopt 10 December of each year as Human Rights Day.

In addition, human rights are at the heart of the Sustainable Development Goals (SDGs) or 2030 Agenda.

We cannot drive sustainable development in the absence of human dignity.
Human rights are encouraged by the progress made on all SDGs, and the advancement of human rights drives the SDGs.

ANNUAL REPORT 2019 101 The main objectives of the celebration were: i. ii.

To promote public awareness and support for human rights, and the various organisations, including government departments, dedicated to advancing human rights; and To encourage the spirit of cooperation and interaction between multiple stakeholders, particularly the Government, NGOs and civil society.
C H A P T E R 1 Celebrating Human Rights Day on 10 December 2019 at Kuala Lumpur.

This year SUHAKAM co-organised the International Human Rights Day forum themed “StandUp4HumanRights” with the Ministry of Foreign Affairs (MOFA), the Legal Affairs Division in the Prime Ministers Department (BHEUU) and the United Nations Country Team (UNCT) at the Sheraton Hotel.
There were 14 speakers, and two events devoted to the launch of the post-UPSR and PT3 Human Rights module (Refer to page 5 for details) and the awarding of prizes for SUHAKAM’s 2019 Photography competition (Refer to page 92 for details).

102 SUHAKAM YBhg.

Datin Paduka Marina binti Mahathir, a notable soco-political activist and writer, delivered the keynote address.
She spoke about on-going violations of human rights taking place throughout the world, including the displacement of Rohingyas and the internment of ethnic Uighurs in China, amongst others.
She also discussed how some seem to treat human rights as ‘self-centred rights’, that is rights exclusively available to whoever claims it but not necessarily to anyone else; or on how ‘tribalism’ still exists, whereby the fact another ‘tribe’ exists does not matter because it is inherently inferior, for reasons of race, religion and economic status.
Datin Paduka Marina also spoke about the slow gains or even reversal in women’s rights, or where minority communities, including those of the third gender, remained threatened and discriminated in Malaysia.

Young people are now pushing back at these injustices and standing up for human rights in their own way, including educating themselves on issues or starting campaigns to right wrongs.

Young people have the most to lose if all they can expect of their future is one filled with hate and inequality.
Hence adults owe it to the younger generation to take practical steps today for a more progressive, more compassionate and more sustainable future for everyone.

Other issues the forum panellists covered included voting rights and governance, the rights of transgender people and children, climate change and human rights, constitutional rights in Malaysia as well as the need to reform and remove repressive (restrictive) laws which do not comply with human rights principles.
The forum also heard from H.E Ms Michelle Bachelet, the High Commissioner for Human Rights who delivered her International Human Rights messages via a pre-recorded message.

THe WAy FORWARd The participation of young people from all communities in the country is necessary to shape and further the human rights agenda for a better future.

Everyone’s involvement is needed to combat poverty and save the environment from disaster.
The same is required to uphold justice and advocate for peace, accountability and the rule of law; including to build strong policies aimed at ensuring equality and non-discrimination for everyone.

ANNUAL REPORT 2019 103 For future Human Rights Day and SUHAKAM anniversary celebrations, SUHAKAM will make an effort to engage with the rural and marginalised communities, to raise their awareness of human rights.
SUHAKAM will also try to engage with distant communities so they can learn more about SUHAKAM and its work in Malaysia.

C H A P T E R 1 YBhg.

Datin Paduka Marina binti Mahathir who delivered the keynote address, at the 2019 International Human Rights Day celebration at Kuala Lumpur.
CHAPTER 2 SABAH OFFICE 106 SUHAKAM SABAH OFFICE OVERVIEW In line with the Human Rights Commission of Malaysia Act 597 and the SUHAKAM Work Plan 2019, Sabah Office continued to promote and protect human rights through its planned programmes and activities for 2019.

It also continued its engagement with the relevant government agencies and civil society organisations in Sabah in organising programmes and activities.
These engagements were meant not only to strengthen the cooperation between the SUHAKAM and the government departments in resolving human rights infringements but also to improve the understanding of human rights among officers in the respective organisations.

The year 2019 also saw a growing understanding of human rights issues and the roles and functions of SUHAKAM among the general public that had interactions with the Sabah office through SUHAKAM’s programmes and activities.

1.
1.

AWAREnESS PROgRAmmES In accordance with SUHAKAM’s 2019 Work Plan, human rights awareness was the main focus of attention.

The following human rights awareness programmes were organised in 2019.

SUHAKAM Bersama Masyarakat (SBm - meet the people programme) in Kiulu, in the sub-district of Tamparuli, Tuaran.

The first SBM programme for 2019 was organised on 18 April 2019 in Kiulu, in the sub-district of Tamparuli, Tuaran, in collaboration with Tuaran District Office.
The main objectives of this programme were first, to disseminate and create awareness of the roles and functions of SUHAKAM and secondly, to provide an avenue for the public to lodge complaints on the infringement of human rights.
SUHAKAM, as the main organiser of the event, also invited the participation of 40 relevant federal and state government agencies to open exhibition booths and service counters to enable the local population to deal with issues related to the ANNUAL REPORT 2019 107 government delivery system.

These government agencies were invited to participate because of complaints on the infringements of human rights associated with the roles and functions of these agencies.
The programme received the participation of about 700 visitors comprising local political and community leaders, civil servants, heads and representatives of civil society organisations, district chiefs, native chiefs, village heads and members of the public residing in the Tamparuli sub-district and surrounding areas.

SUHAKAM also received a total of 35 complaints during the event.
Among the issues complained about were applications of citizenship and related documentation, application land grants, the increasing price of goods, access to clean water and for medical facilities.

C H A P T E R 2 Dialogue session in Kg.

Tambisan Darat, Lahad Datu Sabah Office organised a dialogue session that was attended by about 300 villagers in Kampung Tambisan Darat, Lahad Datu District on 27 February 2019.

The dialogue session centred on one issue, that is, Native Customary Rights to land.
Dialogue session in Kg.

Tambisan Darat, Lahad Datu.

108 SUHAKAM In 2013, the Sabah state government approved about 1,100 acres of land, to be alienated under the Communal Title to 387 beneficiaries comprising local inhabitants.

However, the beneficiaries were unable to occupy the said land because it was already occupied by some individuals who were not listed as beneficiaries.
Although officers from the relevant Sabah State Government agencies were present during the dialogue session, such as the Lands and Surveys Department and Lahad Datu District Office, an immediate solution could not be reached due to the complexity of the matter.
After the dialogue, the follow-up actions taken on this matter were as follows: • • Sabah Office conveyed in writing the predicament faced by the land beneficiaries to the State Lands and Surveys Department; Sabah Office was informed that the Sabah Chief Minister directed the State Lands and Surveys Department and the Sabah Attorney General’s Office to resolve the matter; and that the Lands and Surveys Department was looking into the matter.

2.
2.

HUmAn RIgHTS EDUCATIOn In SCHOOLS The Sabah office also assisted in the on-going of Human Rights Best Practices (HRBP) in School Workshop and Training of Trainers on Post Form 3 Assessment (PT3) and Primary School Assessment Test (UPSR) Human Rights Modules.
These programmes are organised by schools during post-UPSR and PT3 exams (Refer to page 5 for details) from 24-26 September 2019, a workshop for primary and secondary teachers was held in Kota Kinabalu, to brainstorm and allow teachers to share their expertise and knowledge on good practices of Human Rights Education.

3.
3.

LECTURE On HUmAn RIgHTS AT UnIVERSITI TEKnOLOgI mARA (UiTm) On 16 April 2019, SUHAKAM Vice-Chairman Mr Jerald Joseph delivered a lecture entitled “Human Rights in Malaysia and the Region” at UiTM.

The lecture was attended by about 500 lecturers, students and representatives from the state and federal government agencies.

ANNUAL REPORT 2019 109 C H A P T E R 2 Lecture Series entitled Human Rights in Malaysia and the region in UiTM Sabah campus.

4.
4.

RESOLUTIOn OF COmPLAInTS For the year 2019, Sabah Office received a total of 638 complaints, of which 415 were human rights cases.

The non-human rights complaints totalling 223 cases were referred to the agencies concerned.

As shown in Table 12, out of the 415 human rights cases, complaints related to the right to nationality tops the list with 294; followed by arbitrary arrest, detention or exile with 38; and the right to Native Customary Land (NCR) with 12.
110 SUHAKAM Table 12: Human Rights Complaints Received by the Sabah Office, 2019 no.

Subject of Complaint no.

of Cases No.

of Cases Solved 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.
Right to nationality Arbitrary arrest, detention, or exile Right to native customary land Right to adequate standard of living (food, clothing, housing, healthcare) Rights of child Right to work/employment and migrant workers’ rights Right to own property Right to education Environmental rights Others Right to Life Freedom and security Torture or cruel punishment 294 38 12 4 1 13 30 3 4 10 1 2 3 144 18 0 0 0 3 6 1 0 2 1 1 1 Total 415 177 Out of the 415 human rights cases, SUHAKAM Sabah office only managed to resolve a total of 177 complaints or 42.65% of them.
Even though the Sabah office has a very positive and cordial working relationship with the relevant federal and state government agencies in resolving the complaints, resolution rate is low due to the following factors: a) b) c) The human rights issues complained are inconsistent with Malaysian laws and government policies.

Resolutions can only be achieved through policy changes and amendments of the relevant laws.
They involved multi-agencies and/or agencies of another country, as in the case of repatriation.

The capacities of government agencies involved are overstretched, resulting in a severe backlog of cases.

A case in point is the late birth certificate registration endorsement by the Magistrates Court, which requires scrutiny of documents and the calling of witnesses.
From 2009 until 2017, around 11,146 applications were made for endorsements of late registration of birth under Section 22(3) of the Registration of Births and Deaths Ordinance (Sabah CAP 123).

ANNUAL REPORT 2019 111 C H A P T E R 2 a) Complaints related to Identification Documents and Nationality SUHAKAM has been monitoring the issue of statelessness in Malaysia since its inception.
According to data captured by Sabah Office, the number of complaints related to official identification documents (such as birth certificates and identity cards) among various groups in Sabah like the indigenous people and children of migrants in Sabah was increasing every year.

Some clarification on these complaints were given below.
i) Issuance of Birth Certificates As was mentioned earlier, Sabah Office received a high number of complaints regarding children who are unable to obtain birth certificates, especially from those living in the rural areas of Sabah.

It is their right to be registered at birth and to be issued a birth certificate.

The birth certificate provides a permanent, official and visible evidence of the state’s legal recognition of the child’s existence as a member of society.
However, many children, as shown in the statistics are not in possession of this important document.

Another issue is the late registration of a child’s birth, where the child is issued a “late registration birth certificate”.

This document also has a major bearing on educational opportunities when the child reaches school-going age.
Under the Registration of Births and Deaths Ordinance (Sabah CAP 123, Sections 22 (3)), a late birth certificate must be endorsed by a First-Class Magistrate in court before the birth certificate can be accepted by the National Registration Department for the purposes of issuing an identification card in Sabah.

Another obstacle in registering the birth of a newborn child is religion.

One example is a case involving a female native from Tenom district, in the interior of Sabah.
Her MyKAD identifies her as citizen.

The MyKAD does not mention her religion, as is the case if one is a Muslim.

Therefore, she is a Christian, or so she thought.

She never converted to Islam.

But after she gave birth on 22 November 2019 and applied to register her child for the birth certificate, the NRD refused to do so because according to their records, her religion is Islam.
Therefore, she must get ‘proof’ from the Jabatan Hal Ehwal Agama Islam Negeri Sabah and/or Mahkamah Syariah Negeri Sabah that she is not a Muslim.

Until today her newborn child is still without a birth certificate.

In this case, the issue of religion should not become an obstacle for the child to have a birth certificate.

The child should not be denied the right to have a birth certificate merely because the NRD system says the mother’s religion is 112 SUHAKAM Islam.
The Sabah office believes that there are many more cases like this affecting non-Muslim communities, especially those residing in the rural and far off areas in Sabah.

Apart from receiving complaints, Sabah Office has also been requested to facilitate watching briefs in court cases related to citizenship applications for children born out of wedlock from parents of different nationalities (Malaysian father and non-Malaysian mother).
In relation to this issue, it is important to note that, nationality under Malaysia law is patriarchal in nature under Article 14 of the Federal Constitution.

However, for a child born out of wedlock, the child’s nationality follows that of the mother.

ii) Recommendations of Birth Registration 6 • • • • The time period for registration of births should be extended from the present 14 days to at least three months to give time to those who live in remote areas to register the birth of a child.
It should be mandatory that the registration department registers all applications for birth certificates, including late registrations, without unnecessary delay.

More campaigns should be carried out to inform parents of the necessity to register the birth of their children.

Greater effort should be made to encourage parents whose children were born out of wedlock to register such births to prevent problems for the children when being enrolled for primary school.
SUHAKAM will be engaging the NRD and the Ministry of Home Affairs to achieve an amicable solution to this long-overdue problem which has hampered fundamental rights to citizenship.

The new government must exercise its political will to resolve the problem.

b) Issue of nationality On the ground, statelessness as a distinctive issue often disappears, since it is almost completely entangled with the wider issue of ‘illegality’.
Even if one were clearly able to separate ‘stateless children’ from ‘undocumented children’, their practical experience is in fact very similar.

Therefore, despite their different ethnicities and family histories, 6 SUHAKAM Annual Report 2001 (Page.

40) ANNUAL REPORT 2019 113 C H A P T E R 2 and despite the different degrees of assistance offered by their apparent ‘home’ countries, the children of Indonesians and Filipinos actually share many common experiences.
Children who lack legal documents fear being picked up by the police during one of the regular operations – on buses, in shopping centres or in squatter settlements – aimed at ‘checking’ documents.
To alleviate the problem of statelessness and identification documents of migrants in Sabah in the human rights context, SUHAKAM has undertaken the following actions: - i) memorandum of Understanding on Stateless Issue On the 24 April 2019, SUHAKAM and the Human Rights Commission of Indonesia (Komnas-HAM) signed a Memorandum of Understanding (MoU) on the issue of stateless and undocumented migrants in Sabah from a human rights perspective.
Representatives from the Human Rights Commission of the Philippines were also present during the signing as an observer.

SUHAKAM hopes to sign an MoU with the Human Rights Commission of the Philippines in the near future.
With the signing of the MoU, SUHAKAM and Komnas HAM will undertake, among others, the following actions: • • • • • • Engage their respective Governments to ensure that the human rights of stateless persons are respected, including access to asylum and justice, freedom of movement and liberty, non-refoulement, work, education, and healthcare; SUHAKAM will assist Komnas HAM in liaising with the Sabah state government and other relevant agencies; Komnas HAM will assist SUHAKAM in liaising with the government of Indonesia and the Indonesia Embassy in Malaysia on the issue of stateless persons in Sabah; SUHAKAM and Komnas HAM shall work together with the Malaysian Anti-Corruption Commission, the Indonesian Corruption Eradication Commission and the Philippine Anti-Corruption Agency to ensure no corruption in the registration and documentation processes of stateless persons in Sabah; Propose recommendations and increase efforts to discuss the issue of statelessness collectively at the Association of Southeast Asian Nations level; SUHAKAM and Komnas HAM shall use the Sustainable Development Goals, the Universal Periodic Review and the Global Compact on Migration process to their respective governments jointly; 114 SUHAKAM • SUHAKAM and Komnas HAM shall initiate bilateral dialogues between the governments of Indonesia and Malaysia on the issue of statelessness.
ii) Workshop on Understanding the Statelessness Issue • In conjunction with the bilateral signing of the MoU between SUHAKAM and Komnas HAM, SUHAKAM organised a workshop entitled “Statelessness Issues in Sabah: Documentation Essential Towards Human Rights Protection”.

The participants were from the relevant state and federal governments agencies and heads of CSOs in Sabah.
Representatives from the Philippines Embassy, Consul General of Indonesia in Sabah, as well as UN agencies and NGOs from Kuala Lumpur were invited as panellists and speakers.

• Sabah office was invited by the Indonesian Consul General in Sabah to participate in a workshop entitled ‘Socialisation of Providing Educational Services for Children of Indonesian Migrant Workers’ on 17 December 2019.
This workshop gave the Sabah office the opportunity to emphasise the right of children to education irrespective of their nationality.

5.

RESOLUTIOn OF COmPLAInTS RELATED TO nATIVE CUSTOmARy RIgHTS (nCR) LAnD In the 2017 Annual Report 2017, SUHAKAM Sabah office made recommendations to the Lands and Surveys Department to minimise complaints related to land issues.
Sabah office was informed that the Sabah Lands and Surveys Department established a special unit, Perkhidmatan Tanah Anak Negeri Sabah (PANTAS – Sabah Native Land Services), to look specifically into applications for native land since 2013.
Under this initiative, within two years, the processing of land applications and the issuance of land titles to indigenous people claiming NCR land was sped up through procedural changes and the introduction of the latest technology in land surveying, made possible through Federal Government financing.
SUHAKAM is of the view that the initiatives taken by the Sabah government through the Lands and Surveys Department have started to have a positive impact on improving human rights issues especially in relation to Native Customary Rights land.

SUHAKAM’s Sabah office appreciates the co-operation given by the department in 2019 to resolve the complaints on land matters.

ANNUAL REPORT 2019 115 6.


OTHER HUmAn RIgHTS RELATED ACTIVITIES i) ii) The Sabah office was actively involved in events organised by the Sabah state government and other agencies.

SUHAKAM’s Sabah office attended the Borneo Rainforest Law Conference in Kota Kinabalu on 17 January 2019.

This conference discussed, among others, the rights of indigenous people and how these rights were protected in countries such as New Zealand.
The rights of indigenous people in Malaysia especially their right to land was also deliberated.

The Sabah office was able to organise a working visit to YAB Datuk Seri Panglima Haji Mohd Shafie Bin Haji Apdal, Chief Minister of Sabah, on 15 April 2019 led by Mr. Jerald Joseph, SUHAKAM Acting Chairman.

A variety of human rights issues were discussed with the Chief Minister such as undocumented children, native land rights, right to education, and environmental rights.
SUHAKAM took note that the Sabah state government has taken proactive action by establishing a special committee, headed by the Deputy State Secretary (Development) specifically, to handle human rights issues in Sabah.

Complaints of human rights violations related to the purview of the Chief Minister of Sabah will be channelled to the Deputy State Secretary’s office for further action.
C H A P T E R 2 Working visit and discussion on human rights issues with YAB Datuk Seri Panglima Haji Mohd Shafie Bin Haji Apdal, the Chief Minister of Sabah.

116 SUHAKAM THE WAy FORWARD Respect for human rights and the rule of law must be the bedrock of a thriving and working democracy.

This requires respect for pluralism of ideas, vibrant civil societies, independent CSOs and the media.
SUHAKAM will continue with its mandate to advice, monitor and work alongside the government to act in a manner compliant with human rights.

Towards this end, the Sabah office will continue to find ways to enhance cooperation with the public sector, the private sector, CSOs and all members of the society, including the media, to promote and protect human rights in the state.
ANNUAL REPORT 2019 117 CHAPTER 3 SARAWAK OFFICE C H A P T E R 3 118 SUHAKAM SARAWAK OFFICE OVERVIEW There has been a significant difference in the success of the Sarawak office, including in the numbers, types and resolution of public complaints of alleged breaches of human rights in the state.

SUHAKAM’s Sarawak office believes that human rights-related policies and procedures must exist in Sarawak if human rights are not being respected or upheld.
It is also essential to have processes in place to act and support citizens seeking redress or remedies.

In 2019, the work of the Sarawak office focused mainly on the 2Ps, promotion and protection, and received more complaints.

The office also continued building networks with key leaders in Sarawak, raising awareness and education of human rights, and addressing human rights issues that arose.
Over the course of the year, Sarawak office organised talks, meetings, working visits and roadshows, as well as investigated alleged violations of human rights in the state.

This year, citizenship matters were the main subject of concern in the complaints received.

1.

ISSUES ARISIng FROm COmPLAInTS During the fiscal year 2019, Sarawak Office received 70 complaints and inquiries from members of the public and civil society organisations.
Of them, 18 were resolved and 52 complaints are still being investigated.

no.

1.

2.

3.

4.

Table 13: Complaints Received by the Sarawak Office, 2019 Enumerated ground no.

of Cases Nationality Rights of disabled persons Native customary land Miscellaneous Total 30 7 5 28 70 ANNUAL REPORT 2019 119 1.1.
Citizenship Issues A common complaint received by the Sarawak office relates to nationality, especially pertaining to children’s citizenship, and the late registration of identification documents (ID) such as birth certificates or identification cards for residents of rural areas, as well as children whose mothers are foreigners.

The last involves unmarried mothers, or where marriages between foreign women and local men were not registered with the National Registration Department.
Complaints regarding citizenship were referred to the relevant government agencies for appropriate action.

1.2.

Rights of Disabled Persons i.

Employment – Isak Ngau said that it is difficult for blind people to be employed even though they have the academic qualification and skills because of their disability.

Employment opportunities for the blind warrant urgent attention and consideration from the government, the private sector and the public.

C H A P T E R 3 ii.
C H A P T E R 3 ii.

Social Inclusion and development – Visually impaired persons should be fully involved in social and development programmes, namely employment, community activities and education to uplift their social status.

iii.

Negative perceptions, level of awareness and attitudes of the general public toward persons with disabilities – Social exclusion usually starts with negative perceptions and attitudes of the general public toward persons with disabilities, including the blind.

iv.
iv.

Access to banking services – The blind should have better access to banking and financial services.

Currently, they cannot open personal bank accounts or hold Automated Teller Machine (ATM) cards.

And different banks have different rules and policies, making their lives even more difficult.

120 SUHAKAM 1.3.

Native Customary Land (NCR Land) and Problems Related to Native Customary Rights (nCR) Claims The issue of Native Customary Land, as well as Native Customary Rights, is not new in Malaysia.
In Sarawak, the subject hangs over the natives like a portentous cloud, which pauses to gather strength.

It increases its terror by the prolonged uncertainty of where it will burst, without a knowledge of when it may arrive, from what quarter it may come, or in what form it may strike.

The state government, through the Land & Survey Department, has done its best to solve issues involving NCR land.

The Sarawak State Legislative Assembly passed the 2018 amendment bill for the Land Code Ordinance.
SUHAKAM welcomed the amendment.

It is vital to have fairer land laws to obviate the injustice suffered by the natives, whose rights are drawn into litigation and sacrificed by the inequitable decisions which now prevail.

The amendment will inspire the inhabitants, especially the natives of Sarawak, with confidence in making genuine NCR claims, instead of undergoing the test of a judicial examination.
It will be a burden for the natives to fight the matter in court as most of them do not have the means to do so.

It is a matter of great concern to the people who are suffering under the present land laws.

Stakeholders want a speedy resolution but it is impossible to have utopian land laws convenient for all, especially to those entitled to the benefit of the genuine native customary rights.
It is recommended that any action that tends to hinder cordial relations between the natives and the state government should be avoided.

2.

REPORT On PERFORmAnCE Public Education and Awareness of Human Rights The Sarawak office will enhance its activities to promote, protect and monitor human rights in Sarawak, in line with its functions and powers under the Human Rights Commission of Malaysia Act 1999 (Act 597).
Sarawak Office recognises that better public education and awareness are key components to achieve these goals.

Presently, the Sarawak office is actively distributing guidelines and fact sheets to explain human rights principles and issues and their challenges to the society.

The Sarawak office will endeavour to continuously distribute human rights- related materials to targeted groups and to the general public.
ANNUAL REPORT 2019 121 Increased Intake and Case Resolution Process The Sarawak office built on past efforts to improve the number of complaints received and cases resolved in 2019.

In the upcoming year, the Sarawak office will continue to enhance public awareness of SUHAKAM’s online complaint system and assess how it can be made more efficient.

3.

EngAgEmEnTS WITH THE PUBLIC In 2019, Sarawak Office continued its outreach strategy by engaging with the public at the grassroots and state government level.
The objectives are as follows: i) ii) iii) To build a productive networking relationship with the state government and CSOs; To provide a space for CSOs and state executive committee members to express their opinions and respond to relevant issues; and To win the hearts and minds of the public as part of the Sarawak office’s public diplomacy strategy.

C H A P T E R 3 Table 14: Outreach Programmes, 2019 no.

Date 1.
Date 1.

28 January Item Talk on Anti-Bullying and the Rights of Children Location MARA Junior Science College Kuching 2.

3.

4.

5.

23 February SUHAKAM Bersama Masyarakat Lawas 11 April 13 April 29 July SUHAKAM Bersama Masyarakat Telok Melano Hari Bersama Komuniti Lundu Meeting with NGOs SUHAKAM Office 4.
VISIT TO PLACES OF DETEnTIOn The Sarawak office conducted several visits to places of detention to monitor conditions and ensure compliance with internationally recognised human rights standards such as the Standard Minimum Rules for the Treatment of Prisoners.

122 SUHAKAM Table 15: Visits to Places of Detention, 2019 no.

Date Item 1.

2.

3.

4.

5.


14 March Central Police Station 27 August Puncak Borneo Prison 28 August Henry Gurney School 29 August 30 August Semuja Immigration Detention Centre Cure & Care Rehabilitation Centre (CCRC) Location Kuching Kuching Kuching Serian Kuching 5.

WORKIng VISITS Table 16: Working Visits, 2019 no.

Date Item 1.

2.

3.

4.

5.

6.

7.


12 March Lundu District Office 25 July 26 July 8 August 8 August State Secretary, YBhg Datu Jaul Samion Special Officer to Minister of Communication and Multimedia Malaysia, Dr Dusit Jaul State Legislative Assembly Speaker, YB Datuk Amar Haji Mohamad Asfia Awang Nassar Mayor Kuching South Council, YBhg Dato James Chan Khay Syn 9 August Sarawak Energy Berhad 9 August General Manager of Land Consolidation and Rehabilitation Authority (SALCRA), YBhg Datu Vasco Sabat Singkang 8.
15 August Chief Minister of Sarawak, YAB Datuk Patinggi (Dr) Abang Haji Abdul Rahman Zohari Tun Abang Haji Openg 9.

15 August Mayor, Commission of The City of Kuching North, YBhg Datuk Haji Abang Whap Abang Julai A review of the year would be incomplete without mentioning the working visit by SUHAKAM to Chief Minister of Sarawak YAB Datuk Patinggi Dr. Abang Haji Abdul Rahman Zohari bin Tun Datuk Abang Haji Openg on 15 August.
Among those present were SUHAKAM ANNUAL REPORT 2019 123 Chairman Tan Sri Othman Hashim, Dr. Madeline Berma (Commissioner), Datuk Lok Yim Pheng (Commissioner), Head of Sarawak Office Sophian Osman, Assistant Secretary Alfonso Min, and Assistant Officer (Administrative) Linya Subah.

SUHAKAM raised the following issues: i) Dilapidated schools The Chief Minister told the Sarawak office that the state government is in the process of upgrading dilapidated schools in Sarawak with state funds.
This is to ensure that the students do not lag in their studies; and ii) Citizenship of Penans The Chief Minister informed that the state government through the National Registration Department is working hard to reach out to these nomadic poverty-stricken natives in the remote jungles of Ulu Baram.

C H A P T E R 3 6.

BRAnDIng AnD THE mEDIA The Sarawak office intensified its engagement with the media to elevate the SUHAKAM brand across social channels and encourage interaction.
This is to ensure consistent delivery of SUHAKAM’s initiatives in protecting as well as promoting human rights in Sarawak, as well as increasing its visibility and humanising the SUHAKAM brand in Sarawak.

Table 17: Media Interview, 2019 no.

Date Item 1.

2.

3.

13 June 2 July ‘Juh!

Bincang’ Okey TV Bidayuh FM 10 December Talk Radio Slot in Good Morning Sarawak Segment at SARAWAK.FM radio station 7. mEETIngS The Sarawak office held several meetings with various stakeholders in Sarawak.
They are: - 124 SUHAKAM Table 18: Meetings, 2019 no.

Date Item 1.

2.

3.

4.

5.

6.
2.

3.

4.

5.

6.

25 February Limbang District Council 16 August 28 August 28 August Faculty of Social Sciences and Humanitarian, UNIMAS Director of Rajah Charles Brooke Memorial Hospital Director of Health Department of Kuching 29 August Director of Sentosa Hospital 18 – 19 December Director of Sentosa Hospital Location Limbang Kota Samarahan Kuching Kuching Kuching Kuching 8. mEmORAnDUm OF UnDERSTAnDIng (moU) WITH UnImAS The Sarawak office signed an MoU with Universiti Malaysia Sarawak (UNIMAS).
Under the MoU, both parties will work together to promote and protect human rights in Sarawak.

9.

SqUATTERS Urban poverty has many manifestations.

The Sarawak office visited the Kampung Pendam Temuai squatter settlement together with Kuching Member of Parliament YB Kelvin Yii Lee Wuen and Pending Assemblywoman YB Violet Yong Wui Wui.
During the visit, both parties gathered information from all the squatters living in Kampung Pendam Temuai, Jalan Chawan, Kuching, especially children, single mothers and persons with disabilities.

THE WAy FORWARD Despite the challenges faced, the Sarawak office managed to carry out most of the programmes and activities as planned and approved in the budget allocation.
In 2020 the Sarawak office will continue to strengthen its ties with the state government, NGOs and the community, at large as well as raise awareness of human rights through roadshows, seminars and roundtable discussions.

ANNUAL REPORT 2019 125 Sarawak Office is committed to building a human rights culture in the state, where human rights are respected, protected and upheld; where human rights are a lived reality instead of a theoretical ideal.
Apart from that, the Sarawak Office will support those having responsibility for human rights.

This can be done through the mainstreaming of human rights- based approaches as well as incorporating human rights principles in all government policies and programmes, and state laws.

The Sarawak Office will also learn from international/national good practices in encouraging greater respect, protection and fulfilment of human rights and share its knowledge with others for the realisation of human rights.
The Sarawak Office will also seek opportunities to collaborate with other human rights organisations in Sarawak.

C H A P T E R 3 SUHAKAM Chairman Tan Sri Hashim Othman sharing a light moment with Chief Minister of Sarawak YAB Datuk Patinggi Dr. Abang Haji Abdul Rahman Zohari bin Tun Datuk Abang Haji Openg during SUHAKAM’s working visit to the Chief Minister on 15 August 2019 Prof. Dato’ Noor Aziah Mohd.
Awal CHAPTER 4 OFFICE OF THE CHILDREN’S COMMISSIONER 128 SUHAKAM OFFICE OF THE CHILDREN’S COMMISSIONER OVERVIEW This year marks the 30th anniversary of the Convention on the Rights of the Child (CRC), which was adopted on 20 November 1989 at the United Nations.

While much has been achieved for children in 30 years, children today face new threats to their rights, but also have new opportunities to realise them.
Malaysia ratified the CRC in 1995 and passed the Child Act 2001 as part of its effort to uphold its commitment to the protection and welfare of her children.

At first, Malaysia had twelve reservations, but this later became eight7.

Currently, Malaysia still has five reservations to CRC namely Article 2, Article 7, Article 14, Article 28(1)(a) and Article 37.

The appointment of a Children’s Commissioner in August 2019 was a significant move by the government to enhance the rights of children in Malaysia.
The Children’s Commissioner is to focus on the promotion and protection of children’s rights, which is underpinned by the CRC.

The four core principles of the CRC are: 1) non-discrimination; 2) devotion to the best interests of the child; 3) the right to life, survival and development; and 4) respect for the views of the child.
CRC defines a child in Article 1 of CRC as follow: For the purposes of the present Convention, a child means every human being below the age of eighteen years unless, under the law applicable to the child, majority is attained earlier.

7 Reservations are declarations made by a state claiming to exclude or alter the legal effect of certain provisions of the treaty in their application to that state.
ANNUAL REPORT 2019 129 However, in Malaysia there is no single definition for children and there are different definitions under civil and Islamic law in Malaysia.

Under the Age of Majority Act 1971 and the Child Act 2001, “child” is defined as a person under the age of 18 years.
The Law Reform (Marriage and Divorce) Act 1976 defines “child” as child of the marriage who is under the age of 18 years, while under the Children and Young Persons (Employment) Act 1966, “child” means any person who has not completed 14 years of age.

Hence, “child” under the protection of the Children’s Commissioner shall be any person under the age of 18 years.
APPOINTMENT OF A CHILDREN’S COMMISSIONER IN MALAYSIA From the second half of 2018, the Ministry of Women, Family and Community Development initiated discussions with SUHAKAM on the proposal to appoint a special commissioner who will be the Children’s Commissioner (CC).

Due to the need for expediency as well as recognising the limitation of financial resources, it was thought best to locate the Children’s Commissioner within SUHAKAM.
The CC shall draw its powers from the Human Rights Commission of Malaysia Act 1999 (Act 597).

The Office of a Children’s Commissioner (OCC) will be positioned within SUHAKAM’s organisational structure and bear the same traits and functions as other SUHAKAM Commissioners.

The OCC shall be independent of the government and, ideally, answerable to Parliament.
As the CC draws its powers from Act 597; the CC undergoes a similar appointment process, term of function and reporting requirement as other SUHAKAM Commissioners.
According to the Human Rights Commission of Malaysia Act, the functions of the CC will be: (a) to promote awareness of and provide education in relation to children’s rights; (b) to advise and assist the government in formulating legislation and administrative directives and procedures and recommend the necessary measures to be taken; (c) to recommend to the government with regard to the subscription or accession of treaties (and Optional Protocols) and other international instruments, as well as the removal of reservations in the CRC; and (d) to inquire into complaints regarding infringements of children’s rights.
C H A P T E R 4 130 SUHAKAM Despite community and civil society demands for the OCC to be an entity of its own, separate from SUHAKAM, and ideally have more than a recommendatory, advisory or advocacy role; the CC was appointed on 23 August, and the term backdated to begin from 27 April 2019.

Prof Dato’ Noor Aziah Mohd Awal was appointed under Subsection 5(2) of the Human Rights Commission Act.
The CC will specifically focus on the rights of the child and issues affecting all children (persons below the age of 18) in Malaysia, regardless of their status.

The Terms of Reference of the Children’s Commissioner includes: i. ii.

iii.

iv.

v. vi.

vii.

viii.

ix.
Be responsible and committed to addressing all issues related to children and children’s rights; Promote awareness of children’s rights and undertake research by conducting programmes, seminars and workshops and disseminate and distribute the results of such research; Advise and assist the government and other authorities in relation to drafting of laws, instructions, administrative guidelines and to recommend relevant actions related to children’s rights; Advise the government on its international obligations under the CRC, and other international, regional or bilateral cooperation when it is related to children’s rights, including drafting of independent reports; Conduct investigations in relation to violations of children’s rights, either on its own accord or from complaints received; Visit detention centres, shelters, care and rehabilitation centres, within existing laws and regulations of the such places; Issue public statements on children’s rights as and when necessary; Submission of Annual Report to Parliament which shall include a report of all activities conducted throughout the given year; and Undertake any other appropriate activities as are necessary according to the written laws in force, if any, about such activities.
MANDATE OF THE CHILDREN’S COMMISSIONER The CC will work to protect and promote human rights of all children under 18 throughout Malaysia, including indigenous, migrant, refugee, undocumented, stateless and children with disabilities, among others.

The CC will work collaboratively with both federal and state governments.

Federal areas of jurisdiction such as immigration, citizenship, as well as criminal justice are some key issues for children that can be effectively addressed by the CC.
ANNUAL REPORT 2019 131 The CC will have an on-going, action-oriented role, as well as an oversight role in promoting respect and understanding of the human rights of children in all 13 states and Federal Territories in Malaysia.

This will be done through research, awareness, education, discussion and investigations, to ensure government policy and legislation among others, recognise and protect the human rights of children.
The CC shall have the authority to access all children, particularly those in state custody (lock-up, immigration detention) as of right, and powers to compel disclosure of data held by public authorities concerning children.

This includes data on sexual offences against children or, for example, the number of applications to all Syariah courts / Ministers / Chief Ministers for child marriage.
The Commissioner’s function is also to monitor legislation, policies and programmes which impact upon children’s rights, wellbeing and development.

The CC will be vested with a complaint-handling role, including individual cases in the context of child protection or family law.

In court cases that involve children’s rights, the CC may seek leave of the court to appear as amicus curiae.
On the international level, the OCC shall monitor and report Malaysia’s level of compliance with the CRC and other international commitments such as the Sustainable Development Goals (SDGs).
It is to be emphasised that the powers conferred upon the Children’s Commissioner shall extend to all levels, including state institutions and cannot be circumscribed by issues of religion or jurisdiction, particularly in areas of mutual concern or overlapping jurisdiction (for example: marriage of children or unilateral religious conversion of children).
In performing his/her functions, the CC may consult any of the following: a) Children and/or their representatives; b) Government departments and authorities; c) Non-governmental organisations; d) International organisations and agencies; and e) Such other organisations, agencies or persons as the CC considers appropriate.

The CC shall have easy access to all children and their representatives / representative organisations.
C H A P T E R 4 132 SUHAKAM The CC shall also meet regularly with the Minister responsible for children to provide briefings on issues relating to the interests, rights and welfare of children.

All other relevant Ministers shall be kept informed of the Commissioner’s work and findings.

As children-related issues is cross- cutting, CC must be able to convene and organise cross sectoral ministerial meetings, for example - MOE, MOHA (Immigration, Prison, Police) MOH, Ministry of Human Resources (MOHR).
ESTABLISHMENT OF OFFICE OF CHILDREN’S COMMISSIONER (OCC) SUHAKAM set up a physical office space for the Children’s Commissioner, including recruitment of officers to support the work of the CC throughout the last quarter of 2019.

The Ministry of Women, Family and Community Development allocated RM500,000 to fund the work of the CC, its establishment and programmes and activities to the end of the year.
It is envisioned that the OCC will be fully functioning including to deliver its given mandate according to Section 4 of the Human Rights Commission of Malaysia Act by the start of 2020.

PROGRAMMES AND ACTIVITIES IN 2019 The CC actively participated in numerous programmes and activities, at the national, regional and international level, despite only have been appointed in August 2019.

Among the programmes and activities are: Table 19: Programmes and activities, 2019 Date Venue / Acitivity Details No.

1.
1.

4 – 5 September 2.

9 September, 4 and 7 November Visit to Integriti School, Henry Gurney School, Tunas Bakit School, Immigration Depot and a couple of Asrama Akhlaq for “Prison Reform Workshop Project” Meetings with UNICEF Prior to her appointment, CC visited all the schools mentioned, in her capacity as a member of the National Council For Children CC attended the meeting to discuss priority issues and explore potential collaborative areas ANNUAL REPORT 2019 133 No.

3.
3.

Date Venue / Acitivity Details 11 – 13 September Senior Officials Conference on Gender Mainstreaming in ASEAN Political Security Community (ASPC)Sectoral Bodies at Diamond Hotel Philippines, Manila CC presented a paper entitled “The Challenge of Online Child Sexual Exploitation 4.

18 October Gender Equality Workshop 5.

18 October 6.

7.

20 September 23 – 24 September 8.

1 October 9.
3 October Bar Council Workshop on amendment to the Persons with Disabilities Act 2008 Girl SPEAK programme at Serambi Ilmu, Kuala Lumpur Expert Consultation on Sale and Exploitation on Children at Innocenti Office, Florence, Italy Malaysia’s World Day Against Child Labour at Le Meridien Hotel, KL Launch of the ECPAT Report at Grand Hyatt, KL CC attended the workshop organised by Foreign Spouses Support Group to seek solutions on issue regarding children whose mothers are Malaysian but married to a foreigner and the marriage were registered abroad.
Children were born abroad, and they have been denied citizenship CC officiated the workshop CC officiated the programme organised by WAO CC attended and spoke as a panellist in the consultation CC attended the programme CC attended and spoke as one of the Panel Speakers at the launch C H A P T E R 4 10.

12 October Lecture to Asean Law Students Association (ALSA) in UKM, Bangi CC gave lecture on topic, “The Rights of Women and Children in Malaysia” 134 SUHAKAM No.

Date Venue / Acitivity Details 11.


14 October International Symposium on Islamic Civilisation and Science at UKM, Bangi 12.

22 – 24 October Expert Consultation - Advancing Children’s Rights to a Healthy Environment for East Asia and the Pacific in Bogor, Indonesia CC delivered a Keynote Speaker at the symposium organised by UKM, entitled “The Rights of Children in Islam and SDGs” CC participated and spoke at the consultation 13.
1 November Roundtable discussion on Rights of Illegitimate Children at KPWKM, Putrajaya CC attended the roundtable organised by KPWKM 14.

15.

16.

5 November and 26 December Meeting with Pfizer at SUHAKAM office 11 November National Council For Children’s Meeting 15 November Consultation with Civil Society Organisations (CSOs) 17.

4 – 7 December Consultation on Draft Principles in Siem Reap, Cambodia 18.

11 – 12 December ASEAN Dialogue on CRC General Comments in Manila 19.
16 December Meeting with Bar Council Malaysia at SUHAKAM CC attended the meeting to discuss the Vaccination of Children CC attended the meeting CC chaired the consultation on children’s issues and listened to comments and views CC attended the Consultation on Draft Principles for the Protection of the Rights of the Child in the Context of Surrogacy CC attended the dialogue.
The dialogue was in collaboration with AICHR Malaysia CC attended the meeting with Bar Council Malaysia to discuss children’s issues such as Statelessness, Children in Detention Centres and Safety of Children in Schools ANNUAL REPORT 2019 135 Date Venue / Acitivity Details No.

20.

17 – 18 December Seminar at Chulalongkorn, Thailand 21.

20 December Consultations at the Launch of a Child Rights Coalition Malaysia’s NGO CRC Report on the Status of Children in Malaysia, at Rumah Tangsi 22.
20 – 23 December Regional RTD in Bangkok, Thailand 23.

23 December Brief lecture at SUHAKAM 24.

23 December 25.

26 December Meeting with YAA Dato’ Dr Haji Mohd Na’im Mokhtar, Syariah Chief Judge of Malaysia at Putrajaya Meeting with Parastoo Theater (Refugees Organisation) at SUHAKAM 26.

26 December 27.
27 December Meeting with the Complaints and Monitoring Division (CMD) at SUHAKAM Meeting with Social Welfare Department at Putrajaya CC attended the seminar of Migration and SDG: ASEAN and Beyond: A Pathway to the 2030 Agenda CC gave a speech and answered questions and issues forwarded by children during the children’s consultation session CC attended the Regional RTD on alternative care arrangements for children in the Asia Pacific CC gave a brief lecture to new OCC staff and to other department staffs on what issues matter to children’s rights in Malaysia, the technical and legal approaches to it CC attended the meeting The meeting discussed on issue of children’s rights especially child marriage and education The meeting discussed on complaints relating to children The meeting discussed on children’s consultation programme to be held in early year 2020 C H A P T E R 4 136 SUHAKAM No.
28.

Date Venue / Acitivity Details 30 December Meeting with Sisters in Islam at SUHAKAM The meeting discussed on issues pertaining to child marriage, children in detention centres and safety of children in schools At the stakeholders’ consultation on 15 November 2019, about 40 children’s rights activists, CSOs, academics, medical practitioners, lawyers and NGOs expressed their views and made recommendations on issues relating to children.
They also gave recommendations to structure the work of the CC on the concerned issues.

The recommendations included: i. ii.

iii.

iv.

v. vi.

vii.

viii.

ix.

x.
Urging the government to raise the age of marriage to 18 years to end child marriage for all children in Malaysia; Delving into issues concerning children in tahfiz schools and other types of residential schools; Enhance efforts to ensure that sex education, including lessons on reproductive rights, early pregnancy and abortion are well- delivered and understood by the children, parents and teachers; Establish a policy for handling children in courts to make a child- friendly court system; To enhance the juvenile justice system to be in line with what has been implemented in other countries; To work on issues relating to access to education by children with disabilities, refugees, stateless, indigenous peoples and poor kids; To enhance/improve the existing education syllabus/module to include compulsory self-defence classes and sexual reproductive health; To look into establishing a policy for handling children during and after disaster such as floods, typhoons and land erosion; Capacity building for women, youth and underprivileged children to upgrade their skills so they can use them in their daily life; Urging the government to expedite its efforts to ensure that children are no longer held in detention centres and implement diversionary measures; ANNUAL REPORT 2019 137 xi.
xii.

xiii.

To empower and work closely with the syariah courts and religious authorities so that issues pertaining to child custody, maintenance and child marriage can be dealt comprehensively and efficiently; To investigate mental health issues among children; and To engage with children to ensure that all decision-making processes reflect their concerns.
A key outcome of the consultation was that the OCC should be independent of SUHAKAM for more effective use of resources in the course of the CC’s work.

The meeting urged the government to allocate necessary funding for the Children’s Commissioner to fully exercise her powers and execute her duties, which would include conducting public hearings and forming a children’s committee as and when a matter of public interest arises.
Since her appointment, CC has received six complaints of which four are being investigated.

The OCC has issued four press statements on sexual harassment and death of a seven-year-old in a tahfiz school; child marriage; stakeholders’ consultation; and International Children’s Day celebrations.

CC was also interviewed by TV Awani which was aired on 18 November 2019.
THE WAY FORWARD Based on an earlier stakeholder consultation on 1 November 2018 (prior to the establishment of the OCC) and again on 15 November 2019 with civil society, many were of the view that the Children’s Commissioner should be independent.

The CC’s remit and functions are far too wide to be placed with SUHAKAM.

There were also views that SUHAKAM has limited powers, but the OCC must have additional powers, such as enforcement, to function effectively.
A separate, independent commission is necessary, but for reasons of practicality, temporary placement in SUHAKAM is workable as it will be subject to a compulsory review after two years.

Ideally, the amendments to Act 597 that was proposed to the Special Cabinet Committee Meeting on 21 September 2018, to introduce a new section to outline the duties and responsibilities of the Children’s Commissioner, should be done simultaneously.
As an example of effective international practice, the Children’s Commissioner’s work in C H A P T E R 4 138 SUHAKAM Australia8 and New Zealand9 may be used as a model.

There, the CC is empowered to make a request to competent authorities, organisations or institutions for undertaking actions necessary for the benefit of the child.

It is compulsory for these entities not only to undertake such actions but also to immediately inform the Ombudsman for Children, no later than 30 days, of the action taken.
The powers conferred upon the Children’s Commissioner shall extend to all levels, including state and religious institutions and cannot be circumscribed by issues of religion or jurisdiction, particularly in areas of mutual concern or overlapping jurisdiction (for example: marriage of children or unilateral religious conversion of children).

The exercise of these powers must be recognised and supported by the Federal and State Governments and Parliament.
The Children’s Commissioner shall have a cross-border function, for example, in cases of abductions, trafficking and statelessness.

To function effectively, the government shall ensure that the Children’s Commissioner is provided with an appropriate level of funding to guarantee its independence and ability to determine its priorities and activities freely.
Adequate funding should, to a reasonable degree, 8 9 In Western Australia, the way of handling complaints received by the state and local government organisations are surveyed by the office of the Ombudsman.

All complaints are to be addressed within 30 days, and the same policy is applicable for complaints regarding children and young people.
The Ombudsman promote its services and practice through child-friendly complaints processes with guidelines that staff and volunteers should: discuss and listen to different types of complaints, such as concerns, suspicions, unsafe behaviour, environments or practices and/or allegations about staff, volunteer, children or young people’s behaviour; deal with concerns or complaints of harm or abuse of a child or young person by someone outside of the organisation; and share information internally and externally.
The New Zealand’s Children’s Commissioner is child-centred focus with the following Terms of Reference: advise Prime Minister, Ministers, Select Committees, Government and non-government agencies on child rights and wellbeing; advisory on a systemic level – education system, child wellbeing, improving supports in line with Oranga Tamariki (Ministry of Children); advocate for legislation, policy, approaches and practices – all for wellbeing of children; strategic advice includes undertaking research and publishing working and position papers on current issues related to children’s interest, rights or welfare; work closely with diverse range of community organisations, groups and individuals involved in aspects of improving the well- being of children; provide advice through Child Rights Line –free, independent advice through calls for parents or other adults concerned about Children’s Rights (2015/16 had 511 enquiries).
In New Zealand, a number of statutes were passed to support the CC are: i) The Children’s Commissioner Act 2003 and ii) the Oranga Tamariki Act 1989.

ANNUAL REPORT 2019 139 ensure the gradual and progressive realisation of the improvement in the operations of both the Office of a Children’s Commissioner and SUHAKAM.

Stakeholder Consultation with Children’s Commissioner on 15 November 2019.
C H A P T E R 4 CHAPTER 5 THEMATIC AREAS 142 SUHAKAM 5.1 INDIGENOUS PEOPLES OvERvIEw In 2019, the plight of the Indigenous Peoples was again in the spotlight due to the tragic deaths among the Bateq Tribe in Kuala Koh, Kelantan, and the arrests of several Orang Asli for defending their land rights.
Generally, the community continues to struggle for the recognition of their customary land rights without much success or positive response from the relevant state authorities, who have jurisdiction over land matters.

Many parties welcomed the Federal Government’s unprecedented suit against the Kelantan State Government.
The suit, filed in the Kelantan High Court, sought legal recognition of the Temiar Orang Asli’s land rights, and injunctions to restrain private firms from encroaching on and destroying their land.

1.

FOLLOw-UP TO THE NATIONAL INqUIRy INTO THE LAND RIGHTS OF INDIGENOUS PEOPLE As was reported in past Suhakam Annual Reports, SUHAKAM convened a National Inquiry (NI) into the Land Rights of Indigenous People in Malaysia in 2010 and the report was published in 2013.
The report contained key issues and 18 recommendations.

They were clustered under the themes of: i. Recognise Indigenous Customary Rights to Land ii.

Remedy Land Loss iii.

Address Land Development Issues/Imbalances iv.

Prevent Future Loss of NCR Land v. Address Land Administration Issues vi.

Recognise Land as Central to Indigenous Peoples’ Identity, for the consideration of the government and follow-up action.
SUHAKAM is very concerned and disappointed at the government’s lack of action and seriousness in implementing the NI recommendations.

Although Orang Asli affairs was placed under the purview of the Minister in the Prime Minister’s Department responsible for National Unity and Social Wellbeing, it is still unclear whether the department is responsible ANNUAL REPORT 2019 143 for ensuring the implementation of the NI recommendations.
The slow action in implementing the NI recommendations has not changed the status of the Orang Asli community as the most vulnerable and marginalised group.

In 2019, several activities were organised by SUHAKAM to follow-up the implementation of the NI recommendations: i.

On 16 January SUHAKAM made a courtesy visit to the office of YB Waytha Moorthy, Minister in the Prime Minister’s Department responsible for National Unity and Social Wellbeing to discuss the Orang Asli and its NI Report.
The minister requested SUHAKAM hold a public consultation to discuss Recommendation 14 on the reform of JAKOA (Department of Orang Asli Development).

ii.

Following the meeting with YB Minister, SUHAKAM met with the then Director General of JAKOA, Dato Ajis bin Sitin.

During the meeting, the NI recommendations and allegations of the misuse of power among JAKOA officers were discussed.
Public consultation on Recommendation 14 on reforming JAKOA took place on 1 March, attended by nearly 60 Orang Asli and experts on Orang Asli affairs.
Among the issues raised during the consultation were: • Lack of Orang Asli employed as JAKOA staff; • JAKOA interference in the appointment of Tok Batin; • The absence of a legal division in JAKOA; • Lack of transparency on budget allocation and distribution of budget allocation by JAKOA; • The need to establish an Orang Asli Commission; and • Amendments to the Aboriginal People’s Act.

C H A P T E R 5 iii.


As an outcome of the public consultation, SUHAKAM prepared a position paper together with a review of the Aboriginal People’s Act 1954 which was submitted to YB Minister Waytha Moorthy for his further action.

Among the recommendations were: • • More Orang Asli people to fill positions in JAKOA and a ‘bank of talent’ to be created to provide proper training and exposure on Orang Asli matters like education, culture, etc.
Mandates and functions of JAKOA to be re-evaluated to meet the objective of JAKOA, which is to empower Orang Asli.

To create 144 SUHAKAM more units such as legal and cultural units to streamline JAKOA’s function.

The selection of Tok Batin to be according to Orang Asli tradition and custom and not based on quota.

Budget allocation to be increased, particularly for the development of Orang Asli communities.
To establish a Commission of Indigenous Peoples as per SUHAKAM’s NI Recommendation 18 to handle land related matters.

• • • A Public Consultation on Recommendation 14 was held on 1 March.

2.

COMPLAINTS FROM INDIGENOUS COMMUNITy In 2019, SUHAKAM received 61 complaints from the Indigenous community – 20 in Peninsular Malaysia, 14 in Sabah and 27 in Sarawak.

In Peninsular Malaysia, most of the issues raised by the Orang Asli community relate to the non-recognition of customary land rights.
This then leads to encroachment of their land and a lack of basic infrastructure facilities in their settlements, such as electricity, clean water, tarred roads, and housing.

Most of the complaints SUHAKAM received in Peninsular Malaysia came from Pahang, Perak and Negeri Sembilan.

3.

DEATH OF ORANG ASLI FROM BATEq TRIBE IN KUALA KOH, KELANTAN The deaths of 14 Orang Asli from the Bateq tribe in Kuala Koh, Kelantan, in June were unfortunate.

SUHAKAM regrets the deaths10.


It was confirmed by the Minister of Health that the cause of death was measles.

10 Population of Bateq tribe as of December 2003 is 1,255 – JHEOA ANNUAL REPORT 2019 145 C H A P T E R 5 Visit to Kg.

Kuala Koh, Kelantan.

146 SUHAKAM SUHAKAM visited the Bateq community in Kuala Koh on 25 August.

During the visit, SUHAKAM observed that the community was living in poor conditions.

There was no clean water and electricity.

The Orang Asli use water from the river nearby.


After the outbreak, SUHAKAM noticed that the government installed a water pump (bored water) as an alternative water source in July 2019.

However, SUHAKAM observed that access to bored water is limited and provided only at certain intervals.

As a result, the community is still using water from the river for washing and bathing.

A large number of children are malnourished and suffering from skin diseases.
Most of them are not in school, and some of them do not have birth certificates.

The government school is located far from the settlement.

SUHAKAM was informed that health officers from the local clinic visit the village once a week.

The children have been vaccinated.

SUHAKAM will be meeting the authorities to discuss and ensure that the community has access to quality healthcare, schooling, clean water and other basic needs.

4.
4.

ORANG ASLI AND LAND RIGHTS IN PERAK In the year of review, there several cases reported involving Orang Asli in Perak, including the blockades in Kg.

Sg Papan and Kg.

Cunex in Gerik.

The Perak Menteri Besar was quoted by the media11 saying that the state government maintained that there was no such thing as ancestral land in Perak.

The alleged statement drew a lot of criticism from many parties, including SUHAKAM, for their failure to recognise the customary land rights of the Orang Asli in Perak.
SUHAKAM stated that the recognition of Native Customary Rights’ (NCR) over land must be based on traditional occupation over generations preceding the modern conception of land titles and cater for cultural practices such as roaming areas.

This position was articulated in landmark cases as Adong bin Kuwau & Ors v Kerajaan Negeri Johor & Anor in 1998 and Sagong bin Tasi & Ors v Kerajaan Negeri Selangor in 200212.
The state government did not respond to SUHAKAM’s request for a follow-up 11 No such thing as Orang Asli ancestral land in Perak says MB, The Star 29 July 2019 12 https://www.suhakam.org.my/press-statement-no-23-of-2019-native-customary- land-rights/ ANNUAL REPORT 2019 147 meeting13.

This has hampered efforts to meet with them on the land rights of Orang Asli.

5.

THE BLOCKADE IN KAMPUNG SUNGAI PAPAN AND KG.

CUNEx, GERIK, PERAK SUHAKAM visited Kg.

Cunex and Kg.
Cunex and Kg.

Sungai Papan on 25 June and 26 August, respectively, following complaints by the Orang Asli of encroachment by logging companies into their ancestral land.

The Orang Asli community from both settlements alleged that the logging activities affected their resources in the forest, causing pollution to the nearby river, which is their water source, and damaging their ancestral graveyards.
The logging activities continued despite the Orang Asli raising their concerns and objections to the authorities.

The non-action by the state government led to the Orang Asli setting-up blockades to prevent further logging activities.

This action created tension between the Orang Asli community and the logging companies.

There were several attempts to remove the barricades.

While there was no untoward incident reported in Kg.
Cunex during the removal of the blockade, three Orang Asli were arrested in Kg.

Sungai Papan on 23 July.

They tried to stop an operation led by the Perak Forestry Department to remove the blockade.

It was reported that motorcycles, a camera, memory cards and mobile phones were also seized by the police from those arrested.
When SUHAKAM sought clarification from the police in IPD Gerik on the arrest of the three Orang Asli and it was informed that they were taken to assist in police investigations and were not arrested.

However, statements were recorded from the Orang Asli and they were remanded for two days.

SUHAKAM is perturbed by the police response and the action taken by the authorities which clearly show their lack of understanding of the customary land rights of the Orang Asli.
On 27 August, SUHAKAM also met the Orang Asli in Slim River, Perak.

They were from Kg.

Penderas, Kg.

Gesau, Kg.

Tibong, Kg.

Ulu Rasau, Kg.

Tisong and Kg.

Tebau.

The majority of the issues raised were on the recognition of customary land rights and lack of basic infrastructure amenities like electricity, water supply, housing and roads in their settlements.

13 SUHAKAM first met the Menteri Besar of Perak on 20 September 2018 to discuss, among others, the land rights of Orang Asli.
C H A P T E R 5 148 SUHAKAM SUHAKAM officer taking down a complaint from the Orang Asli community in Kg.

Sg.

Papan, Gerik.

6. qUARRyING OPERATIONS AT THE ORANG ASLI SETTLEMENT IN NILAI, NEGERI SEMBILAN SUHAKAM received a complaint from Orang Asli in Kg.

Gebok near Nilai, Negeri Sembilan.

According to them, the quarrying operations near their settlement has caused problems like air pollution, sound pollution, and flooding.
Currently, there is another application from a private company to operate a quarry even closer to their settlement, which worries them.

The private company approached SUHAKAM to facilitate a dialogue between the them and the Orang Asli to allay their fears of the operations and to explain the status of the land owned by the company.
ANNUAL REPORT 2019 149 SUHAKAM visited the Orang Asli settlement and held several discussions with the state agencies including the Department of Environment (DOE), State Economic Planning Unit (UPEN), Nilai Municipal Council (MPN) and Department of Indigenous Development (JAKOA) in Negeri Sembilan on 19 and 23 July 2019.

From the discussions, SUHAKAM learnt that the Orang Asli settlement in Kg.

Gebok was gazetted on 7 February 1957.

SUHAKAM also discovered the following: i.


The company has the title to the land since 23 June 1997.

Nevertheless, the company did not operate a quarry until they applied to do so in 2017. ii.

DOE has not given its approval since the company did not meet the conditions set in the EIA report.

iii.

The first and second Environmental Impact Assessment (EIA) reports submitted by company were rejected in July 2018 and April 2019, respectively, for not meeting the conditions.

iv.
iv.

The state government is not issuing any new licence for quarrying operations in the said area.

SUHAKAM concluded that the quarry would cause more harm to the Orang Asli community due to its proximity to their settlement.

The operations would destroy the forest, which is the source of living for the Orang Asli.

Besides that, a new quarry would aggravate the air and noise pollution that was already affecting the Orang Asli.
Therefore, SUHAKAM recommended to the state agencies not to approve the quarrying operations as proposed by the private company.

7.

ORANG ASLI IN PAHANG The Orang Asli community from 13 settlements from Pekan, Rompin and Bera also submitted their complaints and concerns to SUHAKAM.

In response, SUHAKAM visited the Orang Asli community in Pekan from 11 to 14 March.

The settlements were Kg.

Terubing (Simpai Lama), Kg.

Durian Sebatang, Kg.

Meranti, Kg.

Jong.

Kg.

Api Larat and Kg.

Permatang Keledang.


During the visit, SUHAKAM also met the JAKOA in Pekan District.

The issues raised by the Orang Asli Community in this area involved encroachment into their native customary land, encroachment into their graveyard area, and lack of access to basic infrastructure facilities like clean water, electricity, education, healthcare and roads.

SUHAKAM’s visit was during the dry season.


It was apparent that the Orang Asli Community face a serious problem in accessing clean water.

C H A P T E R 5 150 SUHAKAM This was because their water source was dry.

According to the Orang Asli community, their water problem worsened with the opening of plantations around their settlements.
SUHAKAM is perplexed by the half- hearted initiatives of government agencies, which provide water tanks to the Orang Asli villages but do not ensure they have access to clean or piped water.

As a result, most of the tanks remained unused.

According to JAKOA Pekan, there are 262 Orang Asli settlements in Pahang which have been recognised by the state government.

However, these settlements have not been gazetted pending mapping work by JAKOA.
The mapping work will be carried out in phases based on available funding.

The complaints from the Orang Asli in Rompin are similar to the Orang Asli in Pekan.

They also face encroachments on their land, lack of basic infrastructure amenities like clean water and electricity, and education for the children.

The Orang Asli in Kg.

Bukit Ibam, Tasik Bera also highlighted that they need clean water and electricity.

8.
8.

RECOMMENDATIONS SUHAKAM recommends the following actions to resolve the long standing problems faced by Orang Asli: i. ii.

iii.

iv.

SUHAKAM is of the opinion that the government is too slow in implementing the NI recommendations submitted by SUHAKAM almost six years ago.

SUHAKAM urges the relevant agencies under the Prime Minister’s Department to facilitate and expedite the process to recognise the native customary land rights of Orang Asli.
The state governments must work hand in hand with the Minister in charge of Orang Asli affairs to recognise the land rights of Orang Asli.

SUHAKAM reiterates its call for all parties to respect the principle of free, prior and informed consent before making any decision or giving any approval for development projects.

Clean water and electricity are basic human needs, and government agencies must make every effort to provide these utilities to the Orang Asli.
The action of sending water tanks during an election period without ensuring access to sufficient water supply must stop.

The Ministry of Health must ensure its healthcare programmes at Orang Asli settlements are carried out according to its SOP and the quality of the service should not be compromised.

Regular visits and proper treatment must be the practice.

ANNUAL REPORT 2019 151 v. vi.

The Ministry of Education and JAKOA must seriously address the educational needs of the Orang Asli community.
Access and quality education for the children must be ensured.

Authorities like PDRM should not arrest Orang Asli from neighbouring settlements who come to show support and solidarity with their fellow Orang Asli when they have a problem.

Their presence should not be construed as incitement.

THE wAy FORwARD The Orang Asli community will continue to highlight their grouses until and unless the authorities and other stakeholders respect their rights.
It’s about time their concerns are addressed, their rights recognised and actions are taken to meet their needs.

SUHAKAM will continue its engagement with all relevant stakeholders, especially the government agencies, to discuss the implementation of its recommendations over the years.

C H A P T E R 5 152 SUHAKAM 5.2 CHILDREN OVERVIEW Malaysia is a party to the Convention on the Rights of the Child (CRC).
This means the government is responsible for ensuring that all children, including non-citizens, are protected from any abuse or violation of rights.

Although Malaysia acceded to the CRC on 17 February 1995, it has only submitted its report to the CRC Committee once.

In December, the Deputy Women, Family and Community Development Minister, Hannah Yeoh, was reported as expressing the government’s commitment to submit its second report to the Committee in 2020.
SUHAKAM urges the government to fulfil its obligations under the Convention.

During the year, SUHAKAM investigated several cases, issued public statements, conducted workshops and organised consultations on several child issues, among others, alternatives to detention for children, tahfiz school issues and child marriage.

1.
1.

ALtERNAtIVEs tO DEtENtION fOR CHILDREN SUHAKAM, together with Civil Society Organisations (CSOs), have been advocating alternatives to detention for children (ATD) held in immigration depots since 2014.

Though there have been several discussions with the government and positive feedback was given during the talks, the ATD pilot project has not been implemented yet.

According to the Immigration Department children were not arrested for violating immigration law.
However, they took them along with the adults for their safety.

In 2018, there were more than 1,000 children detained at the immigration depot.

Article 37(b) of the Convention on the Rights of the Child (CRC), which Malaysia is a state party of the Convention, states that: ‘No child shall be deprived of his or her liberty unlawfully or arbitrarily.
The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time’.

ANNUAL REPORT 2019 153 the CRC Committee recommended that states should expeditiously cease the detention of children on the basis of their or their parents’ migration status and implement alternatives to detention14.
SUHAKAM visited various immigration detention centres in Malaysia and observed that there are no facilities for children in almost all of the depots.

The children suffer in the unconducive environment.

It may affect their development as it would have a long-term impact on them.

Hence, SUHAKAM is looking forward to the implementation of ATD.

In this regard, SUHAKAM reiterates its call to the government to implement the following short- and long-term recommendations: i. ii.

iii.

iv.

v. vi.

vii.


Develop and pilot a vulnerability screening and assessment tool, and a referral mechanism to enable the detection of persons with vulnerabilities, such as children, pregnant women, and disabled persons at the earliest stage possible and for them to be given proper care per their needs.

Amend the current standard operating procedures relating to the detention of children.
All unaccompanied children who are in immigration detention centres should be released to civil society-run shelters as part of a pilot ATD project for children.

SUHAKAM hopes that such measures will then be widely implemented and applied to all children who are in immigration detention or found by the enforcement authorities.

This is to ensure that the best interests of the child are upheld.
Implement alternatives to detention for all children, pregnant and breastfeeding mothers and other vulnerable groups in custody.

Allow formal education for refugee children.

Provide easy access to healthcare and abolish the practice of arresting undocumented and non-UNHCR cardholders who seek treatment.

Accede to the 1951 Refugee Convention, its 1967 Optional Protocol to accord adequate protection for refugees and asylum seekers in Malaysia.
C H A P t E R 5 14 Committee on the Rights of the Child, Report of the 2012 Day of General Discussion on the Rights of All Children in the Context of International Migration, 28 September 2012, pg.

18-19, available at https://www.refworld.org/docid/51efb6fa4.html 154 SUHAKAM 2. tAHfIz sCHOOLs SUHAKAM began looking into tahfiz schools to improve the conditions after a number of issues were reported, including the death of students in a fire and allegations of physical and sexual abuse in the schools.
SUHAKAM visited several tahfiz schools to understand their problems.

SUHAKAM collaborated with the state religious departments to organise human rights workshops for tahfiz school administrators.

SUHAKAM has also raised matters concerning tahfiz schools during meetings with the minister, JAKIM and state religious authorities.

SUHAKAM found that many problems cropped up in unregistered private tahfiz schools due to lack of financial assistance, trained teachers and effective monitoring by the authorities.
Also, the diverse syllabus at tahfiz schools - which is not recognised by the authorities – poses a problem for its graduates who want to further their studies or to seek a good job.

Furthermore, the incidents of bullying in tahfiz schools is worrying.

SUHAKAM is dismayed over the death of a seven-year-old pupil at a tahfiz school in Kampung Kuala Kaung, Lanchang, Pahang, in November this year, as a result of bullying.
It was later discovered that the school which opened in January had not applied for registration with the religious authority15.

Nonetheless, there were positive actions taken by the Federal Government, among others, the establishment of the National Tahfiz Council (NTC).

The National Council on Islamic Affairs approved the NTC on 12 September, and it is expected to be launched early 202016.
In this regard, SUHAKAM hopes that the NTC will engage with relevant stakeholders, including SUHAKAM, to provide input on child rights in formulating solutions for the problems surrounding tahfiz schools.
SUHAKAM also commends the Federal Territory and Selangor State Authorities for issuing tahfiz schools with an ultimatum in these two states 15 Bernama.com, ‘Lanchang tahfiz school never registered, ordered close’, 9 November 2019, accessed on 29 November 2019, http://www.bernama.com/ en/news.php?id=1787990.
16 Sinar Harian, ‘Majlis Tahfiz Negara bakal dilancar tahun depan’, 6 November 2019, accessed on 29 November 2019, https://www.sinarharian.com.my/article/55904 BERITA/Nasional/Majlis-Tahfiz-Negara-bakal-dilancar-tahun-depan.

ANNUAL REPORT 2019 155 to register with the religious authorities before the end of 2019 or face being closed17.
On 25 November, the Deputy Minister of Human Resources announced that the ministry plans to introduce the Tahfiz Malaysian Skills Certificate (SKM) to add value to tahfiz students’ academic qualification.

He added that he is hoping for Kedah to be the pioneer18.

In keeping with these positive developments, sUHAKAM recommends that unregistered tahfiz schools in other states be compelled to register with the relevant state Islamic Religious Department or the Ministry of Education.
schools that fail to register should be closed and their students sent to registered tahfiz schools, to ensure monitoring of their safety and best interests.

There should be regular monitoring of registered tahfiz schools to identify safety requirements, quality of curriculum and teaching, as well as providing adequate financial assistance.

The best interests of the child should be a critical factor in consideration of any action, including legislation, policies and programmes that impact on the child.
3.

CHILD MARRIAgE Child marriage is a grave violation of human rights.

It affects the rights of the child to education, health, freedom from violence and free choice.
Article 16(2) of the Convention on The Elimination Against All Forms of Discrimination Against Women (CEDAW), which Malaysia is a state party to, states that “the betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory”.

Unfortunately, child marriage is still an alarming issue in Malaysia.
In February this year, the Kelantan Syariah High Court judge announced C H A P t E R 5 18 17 Malaysiakini, ‘S’gor ruler issues decree to shut down unregistered tahfiz schools’, 18 March 2019, accessed on 29 November 2019, ttps://www.malaysiakini.com/ news/468451.

The Sundaily, ‘Human Resources Ministry mulls introduction of Tahfiz skills certificate’, 26 November 2019, accessed on 29 November 2019, https://www.thesundaily.
my/local/human-resources-ministry-mulls-introduction-of-tahfiz-skills-certificate- XE1655541.

156 SUHAKAM that 15 applications for marriage involving children were submitted from 2018 until January 2019, and that 10 of them were approved19.

table 20: Number of child marriage applications submitted to Syariah Courts20 Year 201921 2018 2017 2016 2015 Number of applications to syariah Courts for Muslim child marriage 722 856 877 1,021 1,144 However, the problem is not just pervasive in the Muslim community.
It was reported in July that the child marriages among non-Muslims in the country are increasing from year to year.

As such, CSOs and academics are calling for the government to address the problem of child marriage holistically.

table 21: Data of child marriages for non-Muslims, 2014 - 201822 Year 2018 2017 2016 2015 2014 Number of non-Muslim child marriages 930 741 654 436 410 The current minimum age of marriage for Muslims is 16 for females and 18 for males in all states except Selangor.
But the laws are not the main and only factor that leading to child marriages.

Although the minimum 20 19 Mstar,’15 permohonan kahwin bawah umur dikemukakan di Kelantan’, 14 February 2019, accessed on 29 November 2019, https://www.mstar.com.my/lokal/ semasa/2019/02/14/kahwin-bawah-umur.

Source: Jabatan Kehakiman Syariah Malaysia (JKSM).

Received on 27 December 2019.

Till 2 December 2019.


The Star Online, ‘Non-Muslim child marriages on the rise’, 15 July 2019, accessed on 28 November 2019, https://www.thestar.com.my/news/nation/2019/07/15/ nonmuslim-child-marriages-on-the-rise.

21 22 ANNUAL REPORT 2019 157 age of marriage under the Law Reform (Marriage and Divorce) Act 1976 is 18 for both males and females, there is an increasing number of child marriages among non-Muslims.
Socio-economic factors like poverty, lack of educational opportunities and the perception that early marriage is a solution to premarital sexual relations are among the root causes of child marriage.

SUHAKAM has called on the government to raise the minimum statutory age of marriage to 18 years for both men and women.
SUHAKAM also urges the government to tackle the root causes by increasing educational opportunities for girls, including school dropouts; making secondary school education compulsory, and; conducting effective awareness programmes on sexual and reproductive health for the public.
On 20 November, the Women, Family and Community Development Ministry marked the 30th anniversary of the CRC with a national pledge to address the problem of child marriages with the development, implementation and monitoring of the National Strategic Plan on Addressing the Causes of Child Marriage 2020-202523.

The ministry informed SUHAKAM that the draft strategic plan is awaiting Cabinet approval.
SUHAKAM applauds such initiatives by the government and hopes that SUHAKAM will be engaged in the implementation and monitoring of the plan.

tHE WAY fORWARD SUHAKAM is concerned with the slow progress in addressing the issue of children in detention, problems in tahfiz schools and child marriages.

Nonetheless, SUHAKAM looks forward to the implementation of several positives commitments and promises by the government in tackling these issues.
In this regard, SUHAKAM will play its role in advising the government and monitoring the implementation of the initiatives.

C H A P t E R 5 23 Bernama.com, ‘Malaysia produces National Pledge to mark CRC@30’, 20 November 2019, accessed on 29 November 2019, http://www.bernama.com/en/ news.php?id=1791630.
158 SUHAKAM 5.3 WOMEN AND GENDER OVERVIEW Malaysia ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1995 and hence is obliged to enact laws that formally recognise gender equality.

However, SUHAKAM observes that gaps remain in the full realisation and operationalisation of CEDAW.

Women in this country still experience discrimination in several areas.
The same goes for the Lesbian, Gay, Bisexual and Transgender (LGBT) community, in particular, trans people because of how society perceives them.

1.

CItIzENshIp IssuEs SUHAKAM notes that recently there have been calls for equal rights for Malaysian women and men in conferring nationality on their children who were born overseas.
Presently, Article 14 (1)(b) of the Federal Constitution allows an application for citizenship for every person born outside Malaysia whose father is, at the time of birth, a Malaysian citizen.

Mothers, on the other hand, have to go through a more arduous process, and it can take years.

Other challenges include the lengthy and complicated process and the lack of clarity in the reasons for rejecting the application.
SUHAKAM understands that the Ministry of Women, Family and Community Development is pushing for a review of the laws on citizenship.

As such, SUHAKAM reiterates its call for the government to review the matter under Article 8(2) of the Federal Constitution.

This clause expressly states that there shall be no discrimination against its citizens on the ground of religion, race, descent and place of birth or gender in any law.
2. tRANsGENDER SUHAKAM began its initial work in sexual minority rights from 2010.

SUHAKAM believes that all individuals regardless of their sexual orientation or gender identity, have the same fundamental rights as enshrined in the Federal Constitution.

ANNUAL REPORT 2019 159 Bearing in mind the religious and cultural sensitivities of discussing issues on the Lesbian, Gay, Bisexual and Transgender (LGBT) community openly, SUHAKAM choose to engage with stakeholders in closed-door discussions.
There were meetings with various groups, including Islamic groups and non-Muslim groups, LGBT groups, as well as individuals working with and advocating for LGBT rights.

Similarly, there were roundtable discussions and workshops to discuss further the rights of sexual minorities and the human rights abuses faced by them.
a) suhAKAM’s Efforts i. study on Discrimination against transgender persons Based in Kuala Lumpur and selangor (Right to Employment, health Care, Education, housing and Dignity) In 2016, SUHAKAM embarked on a study of discrimination against transgender persons based in Kuala Lumpur and Selangor relating to their right to employment, healthcare, education, housing and dignity.
The study was undertaken with the following objectives: • • • • To assist SUHAKAM in identifying strategic actions to ensure respect of human rights of the transgender community.

To monitor and compile data on incidences of discrimination against transgender persons on their rights to employment, health care, education, housing and dignity.

To collect materials and information on the challenges of transgender persons to promote respect for their human rights.
To utilise these materials and information as advocacy tools to create awareness on transgender issues.

The study was published in March 2019.

It found that discrimination based on gender identity and sexual orientation still occurs in our society.

Many transgender persons face discrimination in the education system and in accessing formal employment, housing, healthcare and insurance.

Also some were not treated with dignity, especially when arrested or detained by enforcement authorities.
SUHAKAM notes the difficulty to address issues concerning the transgender community, owing to the religious and cultural sensitivities in Malaysia.

SUHAKAM strongly believes that steps must be taken to uphold their rights as human beings and protect them against any discrimination, harm and violence.

That would be in line with SUHAKAM’s stand that all human beings, regardless of their sexual C h A p t E R 5 160 SUHAKAM orientation, shall enjoy a full range of human rights without exception.
These rights include access to education, employment, housing and healthcare services, among others.

Based on the study, SUHAKAM recommends that the protection and promotion of rights of transgender persons conform to international human rights standards and norms.
And that this happens through awareness and education programmes, continuous dialogues and discourses, a legal or policy framework against discrimination, the criminal justice system, capacity building and training, and facilities suitable to the needs of transgender persons.

ii.
Closed-Door Discussion Regarding suhAKAM’s study on Discrimination Against transgender persons Based in Kuala Lumpur and selangor (Right to Education, Employment, healthcare, housing and Dignity) The objectives of the discussion on 22 March were to provide an overview and to discuss SUHAKAM’s findings and recommendations in respect of their right to education, employment, healthcare, housing and dignity; to obtain feedback on the challenges faced by government ministries/agencies in addressing issues raised in the report; and to promote the uptake and implementation of SUHAKAM’s recommendations.
Representatives of various government agencies, as well as non- governmental organisations who worked closely with SUHAKAM during the study, attended the discussion.

Many keys issues were raised during the discussion.
There is a constant denial of the existence of the community; legal gender recognition; lack of access to necessary facilities; lack of basic healthcare for transgender persons; and the negative perception of doctors/ medical practitioners as well as the government’s conversion therapy/ corrective approaches; shifts in acceptance by the family members; and discrimination in the healthcare/education setting.
After all that, marriage/family life is not a priority for transgender persons as their right to express themselves has not been recognised.

b) suhAKAM’s Engagement with stakeholders Apart from the closed-door discussion, SUHAKAM will hold a series of meetings with relevant government agencies as a follow-up to ANNUAL REPORT 2019 161 the study.

Individual sessions will be held with respective agencies to discuss the above report further and its findings as well as SUHAKAM’s recommendations.

i.
i.

Working Meeting with Inspector General of police SUHAKAM highlighted the violations and discrimination faced by the transgender community during its working visit with YDH Dato’ Abdul Hamid Bador, the Inspector General of Police (IGP) on 21 August 2019.

These occur during police arrest or during detention in a police lock-up, as the majority of trans women are placed in cisgender men facilities.
While acknowledging the discrimination transgender persons faced, the IGP informed that there was no clear Standard Operating Procedure (SOP) for the arrest and detention of transgender persons.

He agreed to discuss and consider developing an SOP.

SUHAKAM shared a monitoring guide on “Towards the Effective Protection of LGBTI Persons Deprived of Liberty” developed by the Association for Prevention of Torture for further information and consideration.

ii.
ii.

Meeting with the National Registration Department SUHAKAM met with the National of Registration Department (NRD) on 4 October 2019 in Putrajaya.

The meeting was chaired by its Deputy Secretary General (Operations).

According to NRD, since there is no provision in the laws or policies on legal gender recognition, no amendments of gender can be made on the Identification Card.
Those who have had Sex Reassignment Surgery (SRS) are required to present medical evidence and the matter will then be taken to court.

NRD will act upon the court’s decision on whether to grant the change of gender.

While a gender marker cannot be amended, a partial name change is still possible with due consideration.
C h A p t E R 5 thE WAy FORWARD SUHAKAM will continue to have follow-up meetings with relevant ministries/ agencies to discuss further the issues raised and how to move forward with SUHAKAM’s recommendations.

162 SUHAKAM 5.4 huMAN tRAFFICKING OVERVIEW The Human Rights Commission of Malaysia (SUHAKAM) takes note that human trafficking and people smuggling has become an alarming trend in Malaysia.

In the current year, there were nine complaints of human trafficking and people smuggling.
Usually, human trafficking in Malaysia involves sexual exploitation and forced labour.

SUHAKAM learnt through a news report that the National Strategic Office - Anti-Trafficking in Persons and Anti-Smuggling of Migrants Council (NSOMAPO) recorded 1,360 cases in 2018 involving human trafficking victims placed at shelters24.

SUHAKAM notes that, out of the figure, sexual exploitation cases were the highest at 776, followed by forced labour with 508 cases25.
According to Shakib Ahmad Shakir, Deputy Secretary General of the Ministry of Communications and Multimedia, there is a decline in the number of cases from 429 to 303, when compared to the human trafficking cases between 2017 and 201826.

On 26 June 2019, SUHAKAM was briefed by Dan Wright, Deputy Political Chancellor of the US Embassy here, on the US State Department’s Trafficking in Persons Report.

In the meeting between the embassy and NGOs, Wright reiterated that Malaysia was on the Tier Two Watchlist.
He said Malaysia does not meet the minimum standards for the elimination of human trafficking but was making significant efforts to do so.

Among them was convicting slightly more traffickers, issuing a considerable number of passes allowing victims freedom of movement from shelters, 24 Human Trafficking Cases on the Rise in Malaysia: says Shakib Shakir, Ministry Deputy Secretary General, Borneo Post, 20 March 2019, https://www.theborneopost.
com/2019/03/20/human-trafficking-cases-on-the-rise-in-malaysia-says-ministry- deputy-sec-gen/ Ibid.

25 26 Shakib Ahmad Shakir, Deputy Secretary General of the Ministry of Communications and Multimedia during the Cyber Crime Prevention and Anti-Trafficking Briefing Programme on 19 March 2019 in the Auditorium of Radio and Television of Malaysia, Sarawak via Human Trafficking Cases on the Rise in Malaysia, Borneo Post, 20 March 2019.
ANNUAL REPORT 2019 163 and establishing an additional shelter for adult female trafficking victims.

The new shelter has not housed any victims yet.

The government reported some investigations into the allegations of official complicity in trafficking activities.
It also established a Royal Commission of Inquiry (RCI) to look into the camps and mass graves discovered in Wang Kelian in 201527. suhAKAM’s EFFORts On 25 April 2019 in Kuala Lumpur, SUHAKAM published officially the report, ‘Sold Like Fish’, which was in collaboration with Fortify Rights, a human rights NGO based in Bangkok.

The report focuses on crimes perpetrated by human traffickers against Rohingya refugees in the sea, and human trafficking camps in Malaysia and Thailand.
It is aimed at providing evidence for the RCI.

It is also to ensure justice for the victims, accountability for the perpetrators and policy changes to strengthen Malaysia’s national and regional response to human trafficking.

In the report, SUHAKAM analysed the criminal dimensions of the violence against the Rohingyas, who are victims under the Rome Statute28 of the International Criminal Court (ICC) – which the government of Malaysia earlier acceded to - as well as international jurisprudence.
The report stated that, under Art.

7 of the Rome Statute, a crime against humanity is committed when one or more prohibited criminal acts are, “committed as a widespread or systematic attack directed against any civilian population, without knowledge of the attack”29.

The report says that an “attack” in the context of crimes against humanity need not involve armed conflict and may occur during peace30.
RECOMMENDAtIONs Throughout its investigation, SUHAKAM found a reasonable ground to believe that a transnational crime syndicate committed enslavement, imprisonment, torture and rape, murder, extermination, and forcible C h A p t E R 5 27 2019 Trafficking in Persons Report (Malaysia), the US Embassy, 20 June 2019 28 The government of Malaysia decided to withdraw its instrument of accession to the Rome Statute of the International Criminal Court on 5 April 2019.
29 Fortify Rights, “Sold like Fish”: Crimes against humanity, mass graves, and human trafficking from Myanmar and Bangladesh to Malaysia from 2012 to 2015, Relief Web, 27 March 2019, https://reliefweb.int/report/malaysia/sold-fish-crimes-against- humanity-mass-graves-and-human-trafficking-myanmar-and Ibid.

30 164 SUHAKAM transfer or deportation as part of a widespread and systematic attack against Rohingya civilians from Myanmar.
SUHAKAM believes that they did so with the knowledge that a widespread and systematic attack was underway.

SUHAKAM conducted visits, interviews and recorded statements from various stakeholders.

SUHAKAM is of the view that survivors of these attacks deserve protection under Malaysian law as survivors of human trafficking, in the case of Rohingyas, and they are to be protected as refugees.
SUHAKAM recommends that the RCI31 establish the facts and circumstances of the human trafficking, deaths, and mass graves in Wang Kelian, Perlis, and the law enforcement agencies’ response to the mass graves and trafficking of men, women and children to Malaysia from 2012 to 2015.

Wherever possible, SUHAKAM recommends the Royal Commission of Inquiry on Wang Kelian identifies those believed to be responsible and to prosecute them in Malaysia.
They must also be held accountable individually beyond criminal prosecution.

SUHAKAM views that Malaysia should hold to account those responsible for committing crimes against humanity through fair and impartial trials conducted under international human rights law.

thE WAy FORWARD SUHAKAM will continue monitoring by visiting victims of human trafficking at the Department of Social Welfare’s shelter.
31 The Royal Commission of Inquiry (RCI) on Wang Kelian was set up by the government of Malaysia on 29 January 2019, among others, to study all documentary evidence on the human trafficking and mass graves which was discovered in Wang Kelian.

The RCI commenced on 17 April 2019 for 17 days and was concluded on 18 Jun 2019.

The RCI findings are still pending.


ANNUAL REPORT 2019 165 5.5 REFUGEES AND ASYLUM SEEKERS OVERVIEW Article 14 of Universal Declaration of Human Rights (UDHR) guarantees that everyone has the right to seek and to enjoy in other countries asylum from persecution and this right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
In the current year, SUHAKAM received 14 complaints about refugees and asylum seekers.

A substantial number of complaints were related to the arrests and detention of refugees and asylum seekers.

According to the United Nations High Commission for Refugees (UNHCR), as of June 2019, there are 81 refugees and asylum seekers detained in Immigration Depots for a long period.

Of them, 41 are non-Rohingya, which include Chins, Myanmar Muslims, Rakhines and Arakanese.
Whereas, another 40 of them are refugees and asylum seekers from countries such as Pakistan, Yemen, Iraq and many others.

SUHAKAM highlighted this matter to the Immigration Department’s Director General during a meeting, and the list of these 81 people was provided for his further action.

SUHAKAM’s EFFORTS During the year SUHAKAM took the initiative to investigate a case involving 35 Rohingyas including nine minors who had landed in Perlis waters in poor physical and health conditions.
The Rohingyas were believed to be trafficked from Bangladesh to Malaysia via Thailand’s waters.

However, after police investigations, they were all convicted under the Immigration Act for not having documents.

There was no conviction for trafficking as no syndicates were found during the arrest.

All of the refugees were detained at Belantik Immigration Depot.

They had proper medication and food.

SUHAKAM visited them on 11 April 2019, and the case was highlighted to UNHCR for their further action.
C H A P T E R 5 166 SUHAKAM In the first quarter of the current year, SUHAKAM visited the community of Rohingyas on Penang Island.

There are 300 families among the 500 residents and the majority are Rohingya, Myanmar Muslims and Myanmar Indians.

Several families share housing units in the community.

Issues pertaining to education, employment and health care were highlighted to SUHAKAM during the visit.

RECOMMENDATIONS Based on its visit, SUHAKAM recommends the following: i.
Refugee children should have the opportunity to continue formal education as this will ensure they do not engage in any negative social issues.

ii.

There should be cooperation among the NGOs, volunteers and other relevant agencies to jointly conduct skills-based classes such as the tailoring, vehicle repair, and barbering.

This could help the community to increase their skills to enhance their financial status.

iii.
iii.

The current government should consider the policy of allowing the Rohingya community to work.

This could impact the Rohingya community from the aspect of getting basic needs and significantly strengthening their economic status.

iv.

The government should also consider providing medical treatment for refugees in order to reduce their burden.

THE WAY FORWARD SUHAKAM will continue to investigate any human rights abuses involving refugees and asylum seekers.
ANNUAL REPORT 2019 167 5.6 PERSONS WITH DISABILITIES OVERVIEW Malaysia enacted the Persons with Disabilities Act 2008 (Act 685 or PWD Act) on 7 July 2008.

It subsequently acceded to the United Nations Convention on the Rights of Persons with Disabilities (CRPD) on 19 July 2010, with reservations to Article15 (freedom from torture or cruel, inhuman or degrading treatment or punishment) and Article 18 (liberty of movement and nationality).
The Persons with Disabilities Act defines PWD as “those who have long term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society”.

According to the Department of Social Welfare Malaysia (JKM), as of December 2019, there are 542,918 or over half a million of persons registered with a or multiple disabilities in Malaysia32.

Of this figure, 189,991 are women and 352, 927 were men33.
All PWD, regardless of the category of disabilities, registered or unregistered, enjoy the full range of human rights grounded in the PWD Act and CRPD, based on the principles of inclusion, equality and non-discrimination.
SUHAKAM is pleased to note that the government accepted in full all of the 11 recommendations on PWD from the Third Universal Periodic Review (UPR), demonstrating its commitment to promote and protect the rights of PWD in various aspects, including education, healthcare and accessibility.
While SUHAKAM appreciates the government’s commitment in this regard, it sees the need for the government to undertake more significant effort to transform its involvement into actions that bring tangible change in the lives of PWD in Malaysia.

C H A P T E R 5 32 Kementerian Pembangunan Wanita, Keluarga dan Masyarakat (KPWKM), https:// manis.kpwkm.gov.my/manis/#!/app/laporan/oku Ibid.

33 168 SUHAKAM 1.
33 168 SUHAKAM 1.

STRENGTHENING PWD’ RIGHTS THROUGH LAW REFORM SUHAKAM reiterates its call for the government to address the gaps in the existing PWD Act as highlighted in its previous annual reports.

They include: i. ii.

iii.

The absence of specific provisions that impose penalties on individuals and/or organisations that fail to comply with the Act has impeded its full implementation and enforcement34.

The absence of a provision for a remedy for PWD whose rights have been denied.
Section 41 of the PWD Act gives the government and its agencies who are members of the National Council on PWD immunity from any legal action arising from any conduct pursuant to the Act.

This raises the question of state responsibility and accountability under the CRPD35.

SUHAKAM reaffirms its position that the PWD Act should be reviewed by strengthening its protection mechanisms through the inclusion of additional provisions on enforcement, penalties and access to remedies36.
SUHAKAM fully supports the proposal to amend the PWD Act and other relevant laws so that any case of non-compliance with domestic legislation can be addressed effectively.

Since April, SUHAKAM has attended a series of discussions in its capacity as a member of the Special Committee established by the Ministry of Women, Family and Community Development (MWFCD) to draft new legislation on gender equality.
Among others, this new law seeks to promote and protect the rights of women and girls with disabilities.

2.

NATIONAL MONITORING MECHANISM UNDER THE CRPD SUHAKAM has submitted a request to MWFCD to pursue its appointment as the independent National Monitoring Mechanism (NMM) for Malaysia under Article 33(2) of the CRPD.
This is a follow-up to the recommendation by the Sub-Committee on Accreditation (SCA) of the Global Alliance 34 SUHAKAM Annual Report 2018, pg 133 35 SUHAKAM Annual Report 2016, pg 38 36 SUHAKAM Annual Report 2016, pg 38 ANNUAL REPORT 2019 169 for National Human Rights Institutions (GANHRI) in October 2010 when SUHAKAM’s accreditation status came under a special review.
SUHAKAM was made to understand that the MWFCD was considering amending the PWD Act and would form a special project team to deliberate SUHAKAM’s request for the NMM role.

SUHAKAM has registered its readiness to be part of the project team.

3.

COMPLAINTS ON DISABILITY-RELATED ISSUES SUHAKAM observes that PWD continue to face discrimination and exclusion that hinder them from participating in society on an equal basis as other non-disabled persons.
During the year, SUHAKAM received seven complaints that were mainly related to discrimination PWD faced in seeking employment, accessing banking services (ATM) and special assistance provided by airlines at the airport, as well as to participate in public events.

Of the seven complaints, five involved visual impairment, while two were to do with physical impairment.

SUHAKAM sees an urgent need for the government to adopt more effective measures for full enjoyment of their rights.

4.
4.

SEMINAR ON DISABLED-FRIENDLY PLACES OF WORSHIP IN MALAYSIA As a continuation of its previous work in promoting accessibility at places of worship, SUHAKAM organised another seminar on Disabled-friendly Places of Worship on 18 March in Kuala Lumpur.

The main objective was to provide a platform for relevant stakeholders to discuss the challenges that PWD face in accessing their places of worship.
The seminar also hoped to come up with a resolution calling for the formulation of a policy on disabled-friendly places of worship.

The seminar was officiated by Dato’ Maria Bernard Sinsoi, the Director of the Department for Development of Persons with Disabilities, under the Ministry of Women, Family and Community Development.
The panellists were Mr Francis Johen, SUHAKAM Commissioner; Mr Murugeswaran Veerasamy, President of Damai Disabled Persons Malaysia; and Mr Azari Mat Yasir, lecturer, Faculty of Built Environment and Surveying, Universiti Teknologi Malaysia.

The seminar was attended by 80 participants from faith-based organisations, committees of places of worship, government agencies and local authorities, as well as disability-related organisations.
Among the key questions and recommendations from the seminar were: C H A P T E R 5 170 SUHAKAM i. ii.

iii.

iv.

v. vi.

vii.

Is there a universal design which sets out disabled-friendly features at places of worship, such as a special seating area and Qibla direction for PWD?

Could the government provide financial aid to places of worship wanting to incorporate disabled-friendly facilities on their premises?
Committees that run places of worship in Malaysia lack awareness on the challenges faced by PWD in wanting to perform acts of worship, as well as the need for places of worship to provide PWD-friendly facilities.

There was a suggestion that Muslims who are wheelchair-bound be placed at the front section when performing their prayers in mosques.

They are often in the rear part of the prayer hall.

Malaysia could set up an “accessibility fund” as was done in Singapore.
The fund will be used to assist any party who wishes to provide or upgrade facilities for PWD.

The government should set up a tribunal to address discrimination against PWD in Malaysia.

Universal design should be included into university courses in architecture, interior design and civil engineering.

A resolution outlining 10 critical principles for guidelines on disabled- friendly places of worship was developed and adopted at the end of the seminar.
The resolution was then presented to the National Council of Persons with Disabilities (NCPWD), Ministry of Women, Family and Community Development (KPWKM) on 21 June.

SUHAKAM indicated to MWFCD its intention to be invited as a resource agency for the Universal Design and Built Environment Committee under the NCPWD.

The panellists at the Seminar on Disabled-friendly Places of Worship on 18 March.

ANNUAL REPORT 2019 171 5.


EFFORTS TO PROMOTE AWARENESS ON ACCESSIBILITY AND THE RIGHT TO WORSHIP In line with SUHAKAM’s on-going efforts to promote the equal right of PWD to worship, SUHAKAM developed a digital story entitled ‘I want to pray’with funding support from the Asia Pacific Forum for NHRIs (APF).

The digital story highlights the challenges faced by PWD who are deaf, and those with vision and with mobility impairments, in accessing their places of worship.
The challenges include physical barriers when entering the mosque, temple or church, barriers when they prepare for worship (for example carrying out ablution before prayers) and being excluded from different aspects of worship.

SUHAKAM hopes that the digital story can be used as a tool to promote greater inclusion in worship and other parts of daily life for the half a million Malaysians registered as having one or multiple disabilities.
It is currently available on SUHAKAM’s official Facebook Page and YouTube Channel.

C H A P T E R 5 Two PWD namely Mr Krishnan Sivasankaran (standing) and Mr Murugeswaran Veerasamy (seated) who participated in the digital story titled ‘I want to pray’ at a temple in Kuala Lumpur.
172 SUHAKAM the Recognising importance of providing places of worship that are friendly to PWD, SUHAKAM undertook the initiative to develop a simplified manual which contains 10 guiding principles on disabled-friendly places of worship which focuses on the following themes: 1.

Specific policy on PWD 2.

Needs and facilities for PWD 3.

Regular monitoring 4.

Amendments to PWD Act 5.

Raising awareness 6.

Budget allocation 7.

Training for relevant stakeholders 8.

Independent monitoring mechanism 9.


Introduce and enforce penalties 10.

Internal Standard Operating Procedures (SOP) on PWD THE WAY FORWARD The manual was distributed to a range of stakeholders including government agencies, local authorities, places of worship, disability-related organisations and educational institutions in Malaysia.
As an NHRI, SUHAKAM will continue to engage with various key stakeholders, including both state and non-state actors to advocate for law and policy changes towards improving the well-being of PWD in Malaysia.

It will also amplify awareness on the rights of PWD among members of public and at the same time, promote greater participation and inclusion of PWD in society.
ANNUAL REPORT 2019 173 5.7 WORKERS OVERVIEW In 2019, the Ministry of Human Resources (MoHR) invited SUHAKAM to make recommendations on its proposed amendments to the Trade Unions Act and the Industrial Relations Act, and the new Domestic Employees Regulations.

SUHAKAM submitted its recommendations based on normative standards and best practices of relevant international human rights laws.

1.

AMENDMENTS TO THE TRADE UNIONS ACT 1959 SUHAKAM welcomes most of the proposed amendments to this Act.
One of SUHAKAM’s key recommendations is for migrant workers to be allowed to become an executive member or employee of registered trade unions.

Meaningful participation and representation in trade unions for migrant workers is necessary to ensure respect and protection of their right to just and favourable conditions of work.

And Article 23 of the Universal Declaration of Human Rights also gives them the right to form and join trade unions.
Pursuant to the Court of Appeal judgment in Tan Tek Seng v Suruhanjaya Perkhidmatan Pendidikan (1996), due recognition of these rights is also integral to migrant workers’ civil right to life under Article 5(1) of the Federal Constitution, and civil right to freedom from slavery and forced labour under Article 6.

SUHAKAM also recommends that children who are qualified to work under the Children and Young Persons (Employment) Act 1966 should also be allowed to be a member of trade unions.
Article 15 of the Convention on the Rights of the Child gives a working child the right to freedom of association.

In this regard, a child’s right to education, work and freedom of association should be recognised and consistently protected under Malaysian law.

2.

AMENDMENTS TO THE INDUSTRIAL RELATIONS ACT 1967 SUHAKAM agreed to most of the amendments proposed to this Act.
SUHAKAM commends the proposed removal of the ouster clauses, and C H A P T E R 5 174 SUHAKAM to transfer the power to refer wrongful dismissal cases to the Industrial Court from the Minister to the Director-General of Industrial Relations.

SUHAKAM believes this would reduce undue political interference in the exercise of such powers and restore judicial oversight in terminated employees’ access to justice.

3.
3.

DOMESTIC EMPLOYEES REGULATIONS Although the Employment Act contains provisions on domestic employees, there are still no express provisions for their maternity leave, minimum wage, rest days or holidays, hours of work and conditions of service.

As such, SUHAKAM welcomes MoHR’s proposal to introduce the Domestic Employees Regulations to address these gaps.
As to its substance, SUHAKAM’s recommendations focuses on broadening the application of the Regulations to include Malaysian domestic employees and standardising the use and definition of “domestic employees”.

SUHAKAM’s recommendations are grounded on normative standards such as the ILO Domestic Workers Convention No.

189.

This instrument requires written contracts of service, payment of wages and rest days/ periods for domestic employees.

4.
4.

PROPOSED WITHDRAWAL OF AMENDMENTS TO EMPLOYMENT ACT 1995 CONCERNING PROTECTIONS AGAINST PRE-EMPLOYMENT DISCRIMINATION In 2018, SUHAKAM submitted recommendations concerning proposed amendments to this Act that included new provisions to protect job seekers against discrimination.

However, in 2019, SUHAKAM learned, and MoHR confirmed, that these provisions would be withdrawn from the draft amendment bill.
Therefore, on 17 September 2019, SUHAKAM conducted a stakeholder consultation to invite views and subsequently submitted recommendations to MoHR on the withdrawal.

During this consultation, SUHAKAM found that discrimination against job seekers in Malaysia are particularly prevalent among persons with disabilities, pregnant women and transgender persons and would require legal protection.

The best mechanism for such protection is this Act, whose scope should be expanded to include pre-employment.
Following the consultation, SUHAKAM issued a press statement and highlighted the issue to MoHR.

SUHAKAM reiterated that removing the proposed protections for jobseekers would allow the impunity to continue.

The prohibition against discrimination under Article 8(2) Federal ANNUAL REPORT 2019 175 Constitution must be upheld.
Furthermore, under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of Persons with Disabilities (CRPD), Malaysia is under obligation to eliminate discrimination against women and to provide equal access to employment for persons with disabilities.

RECOMMENDATION In conclusion, SUHAKAM recommended amendments in the proposed Acts and Regulation that uphold the following: i.
Workers play an important role not only in production but also to economic growth.

They deserve the right to work, right to just and favourable conditions of work and right to meaningful participation in trade unions.

ii.

Migrant workers should be allowed to become an executive member or employee of registered trade unions.

iii.

Children who are qualified to work under the Children and Young Persons (Employment) Act 1966 should also be allowed to be a member of trade unions.

iv.
iv.

SUHAKAM supports the proposed amendment for direct reference to Director-General of Industrial Relations, instead of Minister, in wrongful dismissal cases.

v. SUHAKAM also recommends clear protection for domestic employees’ maternity leave, minimum wage, rest days or holidays, hours of work and conditions of service.

vi.

SUHAKAM regrets the withdrawal of proposed protections for jobseekers which would allow the impunity to continue.

vii.
vii.

SUHAKAM believes Malaysia is responsible to respect, protect and fulfil the right to work and continue to uphold equal protection to all workers without distinction of any kind, such as gender, race, age, language, religion, political opinion or other status.

C H A P T E R 5 176 SUHAKAM 5.8 BUSINESS AND HUMAN RIGHTS OVERVIEW Business activities can have a wide range of positive and adverse impacts on human rights.
While governments have the primary duty to protect, respect and fulfil human rights, other stakeholders, including the businesses, have an essential role to play in respecting human rights.

They need to ensure that their activities and operations (including their supply chains) do not infringe the human rights of their workers and communities.
THE UN GUIDING PRINCIPLES ON BUSINESS AND HUMAN RIGHTS The business and human rights agenda reached a key milestone in 2011 when the UN Human Rights Council unanimously adopted the Guiding Principles on Business and Human Rights (UNGPs).

The Guiding Principles underpinned three pillars: the obligation of states to protect human rights, the responsibility of businesses to respect these rights; and access to effective remedies in and out of court against human rights violations.
Many different types of organisations around the world, including large and small enterprises representing diverse industry sectors, accept, endorse, and use the principles as a global standard to prevent and address the risk of adverse human rights violations in their day-to- day activities.

THE NATIONAL ACTION PLAN ON BUSINESS AND HUMAN RIGHTS In 2014, the UN Human Rights Council called on all States to implement the UNGPs and develop National Action Plans on Business and Human Rights (NAPBHR).
So far, around 23 countries have produced a NAPBHR, and 24 more are in the process of developing or have committed to developing one.

Various stakeholders, including civil society organisations (CSOs), indigenous peoples, national human rights institutions (NHRIs) and businesses have been involved in calling for and supporting, the developments of NAPs in their respective countries.
ANNUAL REPORT 2019 177 SUHAKAM’S EFFORTS SUHAKAM continues to play a significant role in advocating the business and human rights agenda in Malaysia by engaging various stakeholders and supporting them in their efforts to prevent human rights violations in businesses and ensuring more human rights-friendly business practices.

SUHAKAM is also consistently urging the government to translate the UNGPs into a National Action Plan on Business and Human Rights (NAPBHR).
In 2019, SUHAKAM undertook several activities as below: a) National High-Level Dialogue on Business and Human Rights On 24 June, SUHAKAM in collaboration with the Legal Affairs Division in the Prime Minister’s Department (BHEUU) and United Nations Development Programmes (UNDP) supported by the Faculty of Law, Universiti Kebangsaan Malaysia (UKM), Malaysian Centre for Constitutionalism and Human Rights (MCCHR) and Institute of Malaysian International Studies (IKMAS) held a National High-Level Dialogue (NHLD) on Business and Human Rights in Malaysia.
The dialogue themed “Towards a Malaysian National Action Plan (NAP) on Business and Human Rights”, aimed to bring together various stakeholders to exchange knowledge on business and human rights and to discuss the government’s approach on NAPBHR.

The NHLD was attended by government agencies, companies, NGOs, academics and trade unions.
During the dialogue, Minister in the Prime Minister’s Department YB Datuk Liew Vui Keong made an important announcement that on 20 June the Cabinet had endorsed a recommendation for human rights matters to be included under his ministerial portfolio.

It includes the development of a National Action Plan on Business and Human Rights for Malaysia, which will be assisted by BHEUU.

SUHAKAM will continue working closely with BHEUU and will offer its advice and inputs towards formulating a NAPBHR for Malaysia.
Among the key issues and recommendations derived from the NHLD were: i. ii.

That the NAPBHR should have its ownership within government and should clearly identify the development process, the implementation, reporting and other follow-up measures.

That the NAPBHR must be aligned with existing laws, policies and must reflect the Malaysian situation.
On the other hand, businesses C H A P T E R 5 178 SUHAKAM need to be provided with adequate time and space to enable them to adjust their practices and operations in accordance with the UNGPs.

That it is important for the business sector to understand the impact of their actions and to take appropriate measures in ensuring their operations are in-line with human rights principles and do not violate any laws and regulations in the country.
That human rights defenders and policymakers need to work closely to ensure that business has a policy space to create and adopt the new standard and the global benchmarks.

iii.

iv.

SUHAKAM hopes that in developing NAPBHR, the government will be engaging a wide range of stakeholders, including the business sector, civil society, policymakers, regulators, academia, etc.
Participants of the High-Level Dialogue on 24 June 2019. b) National Forum on Forced labour and Human Rights On 3 September, SUHAKAM in collaboration with the International Organisation of Migration (IOM) organised a National Forum on Forced Labour and Human Rights with the aim of bringing together government partners, private sector stakeholders as well as civil society organisations to discuss and address key challenges faced by businesses in implementing measures to tackle forced labour in supply chains.
ANNUAL REPORT 2019 179 Participants of the National Forum on Forced Labour and Human Rights organised in collaboration with IOM on 3 September 2019.

Prof. Dato’ Dr. Aishah Bidin, a former SUHAKAM Commissioner, provided an overview of business and human rights and the development of a national action plan on business and human rights.

There were three discussion panels: i. ii.

iii.

Panel one, on addressing forced labour in recruitment and global supply chains, was moderated by Dr. Andika Ab.
Wahab, Fellow, Institute of Malaysian and International Studies (IKMAS).

The panellists were Mr Manny Gomez, Managing Director at Staffhouse International Resources; Ms Rose Leong, Senior Operations Manager, Magnificent Emblem Sdn.

Bhd; and Ms Tara Dermott, Head of Sub-Office, IOM Hong Kong.

rights through Panel two on strengthening migrant worker’s coordinated action was moderated by Mr Andrew Khoo, Co-Chair of the Constitutional Law Committee, Bar Council.
The three panellists were Ms Aegile Fernandez, Director of Tenaganita; Mr Adrian Pereira, Executive Director of North South Initiative; and Ms Katrina Jorene Malliamauv, human rights activist.

Panel three on reforms and recommendations of labour law in Malaysia was moderated by Mr Lim Wei Jiet, Secretary-General, National Human Rights Society (HAKAM).
The panellists were SUHAKAM Commissioner Dato’ Mah Weng Kwai, Mr Kunaseelan C H A P T E R 5 180 SUHAKAM Nadarajah, Special Functions Officer to the Minister, Ministry of Human Resources Malaysia, and Dato Sri M. Ramachelvam, Co- Chair of the Bar Council’s Migrants, Refugees and Immigration Affairs Committee.
YB M. Kula Segaran, Minister of Human Resources, who delivered the keynote address at the forum, said that Malaysia stands against forced labour practices in global supply chains and the recruitment process.

He further highlighted that the government has undertaken several corrective measures to address challenges related to forced labour in the country.
c) Code of Conduct towards Compliance of Non-Discrimination Standards for the Private Sector As part of the efforts to promote a Business and Human Rights Agenda in 2017, SUHAKAM, Pusat KOMAS and Penang Institute came together to formulate a Code of Conduct for the Elimination of Racial Discrimination and the Promotion of Equality of Opportunity.
The Code of Conduct will serve as a guideline for businesses to prevent any discriminatory practices that may potentially infringe the rights of individuals in the employment sectors.

On 23 August, SUHAKAM in collaboration with the Pusat KOMAS, Penang Institute and with the support of Penang State Government organised a Roundtable Discussion on “Code of Conduct for the Promotion of Equal Opportunities through the Elimination of Racial Discrimination”.
The aim was to present the draft Code of Conduct and obtain feedback to enhance the draft code.
At the time of writing, the Code of Conduct has been finalised and is estimated to be launched in early 2020. d) Cooperation between SUHAKAM, Embassies of Belgium and the Netherlands On 6 November, SUHAKAM organised a Dialogue on Business and Human Rights entitled “Towards a Malaysian National Action Plan, Lessons Learnt from Belgium and the Netherlands”, in collaboration with embassies of Belgium and the Netherlands.
The dialogue was a platform to create awareness on the Guiding Principles and NAPBHR and to assess the challenges and opportunities through the development of NAPBHR by States.

It also encouraged peer-learning amongst them and exchange of good practices.
ANNUAL REPORT 2019 181 Two experts, namely Mr Dieter Vander Beke, Managing Director of the Belgian Federal Institute for Sustainable Development (FISD) and Mr Gilles Goedhart, Ministry of Foreign Affairs of the Netherlands, shared their experiences in the development and the implementation of the Belgian NAPBHR and the Netherlands NAPBHR.

Key issues shared by the experts were that: • • The government has to play an active role.
It needs to acknowledge that it is the state’s duty to protect human rights, as well as to assist businesses in realising their responsibility to respect human rights as stated in Pillar 2 of the UNGPs.

The government has to engage various stakeholders – business community, civil society organisations, trade unions, academia and experts to identify key issues and to gain support for the development of NAPBHR.
C H A P T E R 5 Panellists of the Business and Human Rights Dialogue on 6 November 2019. e) Meetings and Engagement with Stakeholders SUHAKAM continued its engagement with the relevant stakeholders and attended several meetings and programmes domestically and regionally in pursuing the business and human rights agenda.
Besides, SUHAKAM also utilised these opportunities to share its views and experiences in creating awareness on the importance of a NAPBHR as well as to gain support towards the realisation of NAPBHR in Malaysia.

Several meetings/ programmes attended and participated by SUHAKAM were as follows: 182 SUHAKAM No.

1.

2.

3.

4.

5.

6.
Table 22: Meetings/Programmes attended and participated Date Organiser Details 23 January 2019 14 – 15 March 2019 Sime Darby Property UNDP and UN Working Group on Business and Human Rights 27 May 2019 The IO Foundation (TIOF) 9 October 2019 REPSOL – a global integrated energy company 7 November 2019 The IO Foundation (TIOF) 25 – 27 November 2019 8th UN Forum on Business and Human Rights SUHAKAM provided an overview of business and human rights during the Lunch & Learn Talk on Business & Human Rights Program at the HQ of Sime Darby Property.
The Inaugural UN South Asia Forum on Business and Human Rights, in New Delhi, India, aimed at highlighting key business and human rights issues in the region as well as identifying opportunities for effective implementation of the UNGPs in the region.

At the invitation of the UNDP and UN Working Group on Business and Human Rights, Commissioner Prof. Dato’ Dr Aishah Bidin participated and provided inputs on business and human rights in Malaysia and SUHAKAM’s efforts.
Officer Helmi Fendy participated and provided an overview on the UN Guiding Principles on Business and Human Rights as well its status in Malaysia at the “TechUp Business and Human Rights” public session.

Commissioner Dato’ Mah Weng Kwai delivered a talk on Business and Human Rights at the REPSOL’s CRHR Workshop in Kuala Lumpur.

At the National Seminar on Digital Rights in Cyberjaya, Commissioner Jerald Joseph was a panelist in the session on ‘Human Rights and Digital Rights: Keeping our world human”.
The UN Forum on Business and Human Rights is an annual event that serves as a global platform for various stakeholders to discuss issues relating to business and human rights.

Commissioner Assoc.

Prof. Dr Nik Salida and Officer Siti Rahayu attended the 8th UN Forum on Business and Human Rights which was held at the UN Office in Geneva with the theme “Time to Act: Governments as Catalysts for Business Respect for Human Rights”.
ANNUAL REPORT 2019 183 THE WAY FORWARD SUHAKAM is concerned that a large number of businesses, especially small and medium-sized enterprises (SMEs) are still unaware of business and human rights.

Towards this end, SUHAKAM will continue its efforts to promote the human rights agenda, especially to SMEs to ensure that businesses at all levels can adhere to and respect human rights principles.
In addition, SUHAKAM hopes that the government will develop the NAPBHR in Malaysia by following established processes such as comprehensive consultation sessions and a thorough national baseline assessment.

SUHAKAM is always prepared to provide professional views on the NAPBHR development process when required.

C H A P T E R 5 184 SUHAKAM 5.9 EQUALITY AND NON-DISCRIMINATION 1.

DISAggREgATION Of POPULATION DATA a.


The Department of Statistics Malaysia (DOSM) estimated that in 2019, the total Malaysian population of 32.6 million consists of 3.2 million non-citizens (9.8%) and 29.4 million citizens [Bumiputera (69.3%); Chinese (22.8%); Indians (6.9%); and Others (1.0%)]37. b.

Under international law, minorities are defined based on national or ethnic, religious and/or linguistic identity, and States are obligated to protect minorities’ existence38.
Based on this definition and for this report, minorities in Malaysia would include Malaysians of Chinese and Indian descent and ‘Other’ ethnicities since their demographic is relatively smaller than the majority ‘Bumiputera’.

And they have a distinct ethnic, cultural, religious and linguistic identity39.

However, the DOSM population estimates are also unclear as to who constitutes “Bumiputera” and “Others”.
The Aborigines of Peninsular Malaysia (collectively referred to as Orang Asli)40 and natives of Sabah and Sarawak (collectively referred to as Orang Asal)41 may also be deemed as minorities if they are not already deemed as “Bumiputera”.

c. To this end, SUHAKAM recommends that DOSM and all other relevant agencies clarify the use and definition of the term “Bumiputera” and “Others” in the collection and publication of race or ethnicity-disaggregated data.
After all, “Bumiputera” is not defined anywhere in the Federal Constitution.

For consistency and 37 Department of Statistics Malaysia, Current Population Estimates 2019 <https://www.
dosm.gov.my/v1/index.php?r=column/cthemeByCat&cat=155&bul_id=aWJZRkJ4 UEdKcUZpT2tVT090Snpydz09&menu_id=L0pheU43NWJwRWVSZklWdzQ4TlhUUT09> as at 29 October 2019 38 Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities, as adopted through General Assembly Resolution A/RES/47/135 (3 February 1993), art 1.

See also: International Covenant on Civil and Political Rights (ICCPR), art 27.
39 Compare definition of “Malay” under Article 160 Federal Constitution 40 Definition of “Aborigine” under Article 160 Federal Constitution 41 Definition of “native” under Article 161A Federal Constitution ANNUAL REPORT 2019 185 clarity, the data should refer specifically to the race or ethnicity of the subjects.
A clear and objective collection, disaggregation and publication of data would significantly improve the identification of protection gaps and efficiency of measures to reduce inequalities in Malaysia.

This, in turn, would help fulfil the government’s human rights obligations and to achieve the 2030 Agenda for Sustainable Development Goals (SDGs)42.

2.

APPLICATION Of THE fEDERAL CONSTITUTION AND INTERNATIONAL NORMS a.
In its comments to the National Unity and Integration Department‘s (PERPADUAN) 2019 draft Cabinet Paper (“the Cabinet Paper”) for the National Action Plan on National Unity (2020-2025) (“the Action Plan”), SUHAKAM highlighted the fact that issues in the Action Plan generally engage Malaysia’s State responsibilities concerning peace and security, human rights and sustainable development.
Meanwhile, it specifically relates to the prevention of violent conflict, the prohibition of racial discrimination, and the promotion of peaceful and inclusive societies.
b. SUHAKAM, therefore, recommends that the Cabinet Paper and strategies and initiatives under the Plan be grounded in the Federal Constitution and relevant principles of international law, including the jus cogens prohibition of racial discrimination43 as well as Malaysia’s pledge to uphold equal rights and fundamental freedoms through the UDHR44 under Article 56 of the UN Charter.
Having a clear, objective and normative framework as a reference is imperative to combat stereotypes and unconscious bias that is inherent in dealing with discrimination issues.

c. On 17 December 2019, in collaboration with CCPR Centre, SUHAKAM organised a Workshop on Non-Discrimination and Hate Speech Law Reforms (“Workshop”).

This Workshop brought together 60 Malaysian policymakers, human rights lawyers and human 42 Adopted through General Assembly Resolution 70/1, UN Doc.
A/RES/70/1 (25 September 2015) 43 As recognised by the International Court of Justice in Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion (1971) ICJ Rep 16, para 52-53 In line with the Human Rights Commission Malaysia Act 1999, subsection 4(4) 44 C H A P T E R 5 186 SUHAKAM rights defenders to understand the work of the UN Human Rights Committee (CCPR), i.e.
the ICCPR treaty monitoring body.

The Committee was represented by its Chair Ahmed Fathalla (Egypt).

Malaysian Representative to ASEAN Intergovernmental Commission on Human Rights (AICHR), Eric Paulsen, was also present.

d. At the outset, Mr Ahmed began by stating that his keynote address was based on the views of the Committee through the General Comments (not his own) and concluding observations of Muslim ICCPR State parties during the review process.
He then proceeded to explain key ICCPR Articles concerning non- discrimination, for example, Articles 1 (right to self-determination); 18 (freedom of thought, conscience and religion); 19 and 20 (freedom of expression and information); 26 (equality before the law and equal protection under the law); and 27 (protection of ethnic, linguistic and religious minorities).

These are all interrelated and interdependent.


e. On the right to self-determination, the CCPR Chair emphasised that this is a collective right that State parties have to promote and respect.

As with all ICCPR rights, this right should be read in tandem with other rights under ICCPR.

For example, reading it with Article 27 would have the effect of promoting and respecting the rights of ethnic, linguistic or religious minority groups (e.g.
the indigenous peoples) not just to enjoy their culture, use their language or profess or practice their belief, but also to freely determine their political status and pursue their economic, social and cultural development.

f. Similarly, the right of these minorities to self-determination cannot be meaningfully realised without protecting their rights, including equal protection under the law, freedom of religion, and freedom of expression and information.
While exercise of the latter rights may be qualified to some extent through the law in limited circumstances, these rights fundamentally remain civil rights, i.e.

belonging to every person regardless of their minority/majority, political, legal or other status.

g. SUHAKAM Commissioner Dato’ Seri Hishamudin Yunus delivered the next presentation at the Workshop.
He began with the civil right to equal protection under the law in Article 8(1) of the Federal Constitution and how the courts, through cases such ANNUAL REPORT 2019 187 as Datuk Haji Harun Haji Idris (1981) and Alma Nudo Atenza (2019), have interpreted this article based on the doctrine of rational classification.
h. Dato’ Seri Hishamudin then continued with the prohibition of discrimination based on race, ethnicity, religion, descent, place of birth and gender under Article 8(2) of the Federal Constitution.

However, prohibited discrimination under this clause does not seem to cover disability and age-based discrimination.

The courts in Beatrice Fernandez (2005) and Rafizah Shima (2014) have also interpreted that this clause does not prohibit discriminatory policies in private sector employment.

i.
i.

Nevertheless, he reiterates that the Federal Constitution still provides for affirmative action to correct past systemic discrimination and to protect ethnic and linguistic minorities, e.g.

for the Orang Asli (of Peninsular Malaysia) in terms of Article 8(5)(c) and as upheld by the High Court in Sagong Tasi (2005).

As the SUHAKAM panel in the Public Inquiry into the Enforced Disappearance of Amri Che Mat (2019) found, religious minorities should not be persecuted.
They should be treated equally and protected because religious freedom is guaranteed under Article 11 Federal Constitution as a civil right of every person.

3.

ADDRESSINg INCOME INEQUALITY AND SOCIAL ExCLUSION a. Premised on SDGs 10: reduce inequality and SDG 16: promote peaceful and inclusive societies through strong institutions, SUHAKAM also recommends through the same Cabinet Paper that the Action Plan should cover measures to address systemic discrimination and to eradicate poverty.

b.
b.

Addressing income and gender inequalities, for example, by improving equal opportunity and access to justice and services would help to ensure better protection of every person’s right to life and equal protection under the law, as guaranteed under the Federal Constitution45 and UDHR46.

C H A P T E R 5 45 Federal Constitution, arts 5(1), 8(1) and 8(2) 46 Universal Declaration of Human Rights, Arts 1, 2, 3 and 7 188 SUHAKAM 4.

STATELESSNESS AMONg NATIONAL, ETHNIC, LINgUISTIC AND RELIgIOUS MINORITIES a.
In September 2019, SUHAKAM collaborated with Pusat KOMAS and the Institute for Development Studies Sabah to organise a National Conference on Non-Discrimination (“the Conference”).

The Conference was attended by 160 delegates including government officials, civil society and local communities.

b.

The UN Special Rapporteur on Minority Issues, Fernand de Varennes, delivered the keynote address (in his unofficial capacity) during the Conference.
During his speech, he explained his role in promoting the implementation of the Declaration on the Rights of Persons belonging to National, Ethnic, Religious and Linguistic Minorities and raising awareness on issues affecting minorities around the world such as statelessness, hate speech, ethno-religious conflicts and their equal access to justice and services.
c. Statelessness became a priority mandate for the Special Rapporteur’s office after UNHCR in 2017 found that 75% of stateless people around the world come from minority groups.

His office is now working closely with UNHCR in its #IBelong global campaign to end statelessness by 2024.

Statelessness affects minorities disproportionately through national laws, policies and practices that systemically or effectively exclude them politically or socially; or deny them registration or citizenship.
The Special Rapporteur underscored that addressing minority grievances on exclusion, inequality and injustice is key to preventing violent conflict47.

5.

REgULATINg AND COUNTERINg HATE SPEECH a.

In relation to the Cabinet Paper, SUHAKAM reiterates that the Sedition Act 1948 should be repealed and urged for the Action Plan to reflect the same, under Promise 27 of the Pakatan Harapan the erstwhile National Manifesto and as Unity Consultative Council.
SUHAKAM also recommended for regulation of hate speedier implementation of recommended by rights-based 47 United Nations and World Bank, Pathways for Peace: Inclusive Approaches to Preventing Violent Conflict Executive Summary (2018), Executive Summary at iv ANNUAL REPORT 2019 189 speech,48 while ensuring respect for and protection of freedom of speech as guaranteed under Article 10 Federal Constitution and Article 19 UDHR.
Law reforms and advocacy to this end should also reflect the collective responsibility of the government, the media and the society to act upon acts of incitement to hatred, as identified and recommended under the Rabat Plan of Action49.

b.

At the Conference, panellist Aidila Abdul Razak of Malaysiakini highlighted challenges of navigating between propagating hate speech and arbitrary censorship of the comments made on its online news portal and reporting on hate speech.
When it comes to reporting on hate speech, Malaysiakini editors find making judgment calls more effective.

There are no fixed guidelines, and they have found that calling out hate speech by some personalities could make a positive impact.

However, verification of sources and the independence of social media remain some of the biggest challenges to freedom of speech in Malaysia today.
c. Fellow panellist Zulkifli Hashim, representing PERPADUAN, also acknowledged that hate speech on social media that targets a particular race or ethnicity is the latest challenge to national unity in Malaysia.

He urged political and community leaders to do their duty and play an active role in spreading the message of unity, peace and harmony at the societal level.
d. Incidentally, political cartoonist and panellist Zunar believes that promoting understanding between the different races and religion must also include the withdrawal of arbitrary restrictions on public discourses of “sensitive issues”.

It must also ensure that communication of public policy decision affecting the different communities in Malaysia is consistent, clear and meaningful.
e. At the Workshop, SUHAKAM Commissioner Dato’ Mah Weng Kwai, delivered a presentation titled “Pitfalls and Gaps in Current Malaysian Hate Speech Laws”.

He began by reiterating that freedom of 48 i.e.

Three-part test under Article 19 ICCPR and prohibition of incitement under Article 20 ICCPR 49 Rabat Plan of Action on Prohibition of Advocacy of National, Racial or Religious Hatred that constitutes Incitement to Discrimination, Hostility or Violence, UN Doc.
A/HRC/22/17/Add.4 (11 Jan 2013), para 35 C H A P T E R 5 190 SUHAKAM speech under Article 10(1) Federal Constitution is not absolute and may be restricted by the law based on national security, public order or morality, Malaysia’s international relations and incitement to any offence.
Herein lies the challenge of regulating hate speech for in Malaysia: through the enforcement of example, Sedition Act 1948, Printing Presses and Publications Act 1984, and Sections 211 and 233 of the Communications and Multimedia Act 1998 – all of which this government promised to abolish.

laws, f. Dato’ Mah clarified that while all incitement to hostility, discrimination or violence is hate speech, not all hate speech constitutes incitement.
In line with Article 20 of ICCPR, it is an act that amounts to incitement to hostility, discrimination or violence, where there is intent on the speaker’s part to advocate hostility, discrimination or violence and there is a reasonable likelihood that the act may result in the same.

Elements such as the provocation of the content; the social standing or influence of the speaker; the mode of dissemination (social media etc.
); and the targeted audience – all need to be factored in assessing the likelihood of intent and result.

Only acts that reach this high threshold of incitement should be prohibited.

Everyone should also remember that hate speech leads to hate crimes, violence and war.

g. Citing specific problematic provisions under said laws, Dato’ Mah went on to demonstrate how current hate speech laws in Malaysia fall short of these standards.
Therefore, hate speech law reforms should be aimed at striking a balance between the protection of the right to freedom of speech and expression, which is primary, and the restrictions to such right, which must be enforced proportionately as an exception and only as necessary on permissible grounds.
Hate speech law reforms should also be aimed at closing gaps and addressing existing pitfalls, including the continuing political threats against civil society, human rights defenders and mainstream media; and populist and polarising political rhetoric.

6.

INSTITUTIONAL AND POLICY REfORMS TO STRENgTHEN NATIONAL UNITY a.
During the Conference, Sabah Assistant Minister of Law and Native Affairs and panellist YB Jannie Lasimbang emphasised that the promotion of ethnic and religious understanding should involve ANNUAL REPORT 2019 191 indigenous communities and meaningful participation of village leaders.

Policies such as the National Action Plan on Unity must also be able to promote inclusion, diversity and pluralism, that upholds the rule of law and is in line with international human rights standards.

b.
b.

Meanwhile, SUHAKAM Commissioner and panellist, Jerald Joseph, challenged the government to be consistent and courageous in rising above populism, in fulfilling their election promises and holding those responsible for inciting hatred accountable.

c. Human rights lawyer and panellist, Andrew Khoo, stressed the need to appreciate the dynamics of de jure and de facto discrimination particularly in terms of the Federal Constitution, the Malaysia Agreement and human rights treaties.
Recommendations SUHAKAM’s recommendations, past and present, related to this thematic area are as follows: a.

Reform the Printing Presses and Publications Act 1984 and other media laws to liberalise the licensing of the media and publications, and to legally recognise the establishment of a Media Council, with a view to promote equal access to freedom of information; freedom of the press; and responsible journalism50.

b.
b.

Review the Aboriginal Peoples Act 1954 to address protection gaps and issues affecting the Orang Asli as an ethnic and linguistic minority in Malaysia, including their land rights as recommended by SUHAKAM in its National Inquiry into the Land Rights of Indigenous Peoples51.

C H A P T E R 5 c. Repeal the Sedition Act 1948 without further delay, and address the disproportionality in the presumption of “seditious tendency”52.
50 SUHAKAM Annual Report 2011, 14-15 51 SUHAKAM Report on the National Inquiry into the Land Rights of Indigenous Peoples (2013), 164-174 52 SUHAKAM Press Statement, 17 May 2014 192 SUHAKAM d. Enact and enforce the Harmony Bills (i.e.

Religious and Racial Hate Crimes Bill, National Harmony and Reconciliation Commission Bill and National Harmony Bill) as proposed by the National Unity Consultative Council, and with the amendments recommended by SUHAKAM53.
e. Address “hate speech” only as an exception to freedom of speech based on the objective criteria rooted in Article 19 of the Universal Declaration of Human Rights (UDHR) and Article 10(1) Federal Constitution.

Therefore, only “hate speech” defined and determined as incitement to race, religious or national hatred and war should be prohibited.
At the same time, freedom of speech should be restricted only to the extent necessary and proportionate to fulfil the legitimate aims of respect for the reputation of others and for protection of national security, public order, public health or morals, as prescribed in the law.

f. Clarify and define the classification of data disaggregated by race or ethnicity, especially in relation to the “Bumiputera” or “Others” categories.
A clear and objective collection, disaggregation and publication of data would significantly improve identification of protection gaps and efficiency of measures to reduce inequalities in Malaysia.
g. Strategies and initiatives for national unity and social cohesion in Malaysia should be rooted in the Federal Constitution and Malaysia’s human rights obligations, including concerning the pre- emptive norm (jus cogens) prohibition of racial discrimination54 and the pledge to uphold equal rights and fundamental freedoms through the UDHR55 under Article 56 of the UN Charter.
Having a clear, objective and normative framework as reference is imperative to overcome the inherent unconscious bias and stereotypes while dealing with discrimination.
53 SUHAKAM Annual Report 2018, 59 54 As recognised by the International Court of Justice in Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion (1971) ICJ Rep 16, para 52-53 In line with Human Rights Commission Malaysia Act 1999, subsection 4(4) 55 ANNUAL REPORT 2019 193 h. Reduce inequalities in Malaysia, including correcting systemic discrimination, eradicating poverty and improving access to justice and services in order to promote and protect every person’s right to life and equal protection under the law, as guaranteed under the Federal Constitution56 and the UDHR.
SUHAKAM Commissioners and participants with the Chair of the UN Human Rights Committee, Ahmed Fathalla (Egypt), at the Workshop on Non-Discrimination and Hate Speech Law Reforms.

C H A P T E R 5 56 Federal Constitution, arts 5(1), 8(1) and 8(2) 194 SUHAKAM 5.10 ISLAM AND HUMAN RIGHTS The core message that the promotion and protection of human rights was demanded in Islam came out strong during the SUHAKAM-JAKIM National Seminar on Islam and Human Rights last year.
Building on the momentum, this year, SUHAKAM accentuated engagements and cooperation with religious groups and authorities at various levels to find ways to diminish the general misconception that human rights, or its principles at the very least, run contrary to Islamic teaching.

Following the encouraging speech by YB Datuk Seri Dr. Mujahid Yusof, Minister in the Prime Minister’s Office for religious affairs, at the seminar, SUHAKAM met with the Minister on 14 January.
Aside from ascertaining his plan to introduce the concept of Rahmatan lil ‘Alamin together with Maqasid Syariah, the meeting aimed to establish a closer working relationship and to discuss contemporary human rights issues in the country.

The Minister explained that the term Rahmatan lil ‘Alamin means compassion for all.

He expressed hope that that would be the model for the administration of Islam in Malaysia by 2025.
Maqasid Syariah is an Islamic legal doctrine that encapsulates the human rights principles of justice, equality and inclusivity, among others.

The government has worked out a strategic plan that contains focus areas that will be examined for the implementation of Rahmatan lil ‘Alamin.

They are preaching and media, education and human capital development, halal hub and Hajj management, Maqasid culture in research and thinking, mosque management, law and justice, and socio-economy.
The meeting also discussed the following issues: i. ii.

While there is a perception that some politicians make use of Islam to gain political traction, others contend that dividing the two topics was unnecessary because religion cuts across all sectors, including the government.

But it was agreed that politicians should refrain from using religion as their sole political agenda.

Communities in Malaysia should overcome unfounded fears.
The Minister was referring to some groups’ objection and fear of Malaysia’s accession of the International Convention on the Elimination of all ANNUAL REPORT 2019 195 iii.

iv.

v. Forms of Racial Discrimination (ICERD).

He said that the principles of justice and non-discrimination were upheld during Prophet Muhammad S.A.W’s struggle to spread Islam in the Jahiliyah period.
Concerns over the safety of children and quality of Islamic education, especially in unregistered tahfiz schools, have highlighted the need for their registration and close monitoring by the State.

The Minister shared current initiatives by the federal government to overcome these, including the 2016 National Tahfiz Education Policy (DFTN) that seeks to establish uniform tahfiz education across Malaysia.
The DFTN, which takes cognisance of the National Education Policy, will strengthen the curriculum as well as help in the monitoring and enforcement of laws covering such institutions.

Also, JAKIM was getting amendments passed to the Administration of Islamic Law (Federal Territories) Act 1993 (Act 505).

The amendment bill, which has undergone first reading in October 2018, seeks to expand the role of JAKIM, beyond registering tahfiz centres.
A National Tahfiz Council will be established to assess and ensure that tahfiz institutions produce viable and holistic Huffaz or graduates of tahfiz institutions who are able to compete in mainstream sectors professionally.

There were grave concerns about child marriage in Malaysia.

The Minister highlighted the federal government’s current Standing Operating Procedure (SOP) for the rules to be stringently adhered to in any application of marriage involving underage children.
The Roundtable Conference on “Philosophy and procedures of Syariah criminal punishment towards achieving the aim of Compassion for All (Rahmatan lil ‘Alamin)” agreed to several legal reforms moving towards rehabilitative and educative punishments instead of punitive ones.

SUHAKAM views positively the initiatives being undertaken by the Minister through the introduction of Rahmatan lil ‘Alamin and Maqasid Syariah.
Both of them stress the same global principles as that for the promotion and protection of human rights.

Nonetheless, SUHAKAM notes that public perception of the relationship between Islam and human rights must be corrected for human rights to be truly understood, practised and respected in Malaysia.

In the various outreach and training programmes SUHAKAM conducted during the year, several participants still viewed human rights as a western ideology that failed to respect Malaysian culture and beliefs.
They stressed that human rights were incompatible and undermined Islam and the Federal Constitution.

They fear that human rights encourage same-sex relations, chooses the rights of criminals over national security, and weakens the special position of the monarchy and a particular community, contrary to the guarantees in the Federal Constitution.
C H A P T E R 5 196 SUHAKAM Other than its various community outreach programmes, SUHAKAM also continued its collaboration with state religious authorities to include human rights topics in Friday sermons.

This is to demonstrate how human rights is not only in line with, but also commanded in Islam.

This year, SUHAKAM submitted draft sermons that focus on social justice, women and children’s rights, anti-trafficking, and combating torture, cruel, inhuman and degrading treatment or punishment.
The following are the list of draft scripts SUHAKAM forwarded which were considered and incorporated in part or in full by the federal or state religious departments: Table 23: List of human rights topics in Friday sermons Script Submitted by SUHAKAM Friday Sermon Incorporating SUHAKAM’s Submission (In Part or Full) No.

1.

2.

3.

4.
1.

2.

3.

4.

Islam menegakkan Keadilan Sosial (Islam upholds Social Justice) Dijual seperti Ikan (Sold Like Fish) Pelihara Hak Asasi Kanak- Kanak (Protect Children’s Rights) Pelihara Hak dalam Islam (Protection of Rights in Islam) Date Read 3 May 16 Aug. 26 Jul.
Islam Menegakkan Keadilan Sosial: • Department of Islamic Development Malaysia (JAKIM) and Federal Territory Islamic Religious Department (JAWI) Penang Islamic Religious Department (JAIPP) • Banteras Pemerdagangan Manusia – Perak Islamic Religious Department (JAIPK) Dijual seperti Ikan (Sold Like Fish) – Penang Islamic Religious Department (JAIPP) 27 Sept. Islam Menyantuni Hak Kanak-Kanak – (JAIPK) 22 Nov. Pelihara Hak Asasi Kanak-Kanak - Jabatan Hal Ehwal Agama Islam Negeri Sabah (JHEAINS) 22 Nov. Kanak-Kanak Pewaris Negara - (JAWI) 29 Nov. Pelihara Hak Dalam Islam: • • JHEAINS JAIPK 6 Dec. 13 Dec.
Towards the end of the year, SUHAKAM sent two scripts on protection against torture and empowering women’s rights.

They are being considered for inclusion by the various state agencies.

In support of SUHAKAM’s submissions, the Selangor Islamic Religious Department Director, Dato’ Haji Haris bin Kasim, offered SUHAKAM at a meeting on 4 March the opportunity to attend a short course on writing scripts for Friday sermons to strengthen the quality of its submissions.
SUHAKAM took part in a course on 26-28 March 2019 in Shah Alam, Selangor.

ANNUAL REPORT 2019 197 Besides the above, as part of its continued effort to provide human rights training for civil servants, SUHAKAM also rolled out its Human Rights Literacy Programme for the staff of state religious departments this year.

Thus far, SUHAKAM has conducted six sessions involving 366 staff members of the following state religious departments: i. ii.

iii.

iv.

v. vi.
iii.

iv.

v. vi.

Selangor Islamic Religious Department (25 March) Department of Islamic Development of Malaysia (29 March) Penang Islamic Religious Department (24 July) Federal Territory Islamic Religious Department (17 September) Melaka Islamic Religious Department (15 October) Sarawak Islamic Religious Department (21 October) Human Rights Literacy Programme conducted for staff of the Penang Islamic Religious Department on 24 July 2019.
Apart from promoting a better understanding of human rights, the programme also aimed at demonstrating how human rights principles were commanded in Islam and formed the cornerstone of documents key to Muslim countries and civilisations.

They are the 1990 Cairo Declaration of Human Rights in Islam and Sahifah Madinah (Constitution of Madinah) 622 CE.

During the session, SUHAKAM had the opportunity to interact with participants on a few issues.

They were: i.
They were: i.

The word ‘Haqq’, translated as ‘rights’, occurs 287 times in the Quran and is used in approximately 18 different contexts or meanings.

In C H A P T E R 5 198 SUHAKAM Islam, human rights are granted by Allah S.W.T.

and not by any king or legislative body.

The definition of human rights from an Islamic perspective is broader and more comprehensive for the betterment of humankind.
It covers, among others, rights and responsibilities, ownership of property, partnership, desire, justice, accuracy, appropriateness, truthfulness, power, prosecution, judiciary, freedom, choice and privilege.

In principle, Islam does not allow discrimination on any ground, including religion and/or race.

Islam, however, accepts and allows for different entitlements and treatments to specific groups of people; for example, the disabled, women, children, and senior citizens.
While Islam allows caning as one of the methods for parents to discipline their child, this method cannot be carried out indiscriminately and willfully.

Islamic teaching has outlined that disciplining children has the sole aim of educating them and that it must be commensurate with the child’s age.

The appropriate approach to educate and discipline a child based on his/her age is as follows: ii.

iii.
iii.

• • • Children aged 4-6 years old – Respond to any misbehaviour by way of taujih (explanation/advice) as a way to educate the child; Children aged 7-9 years old - Any repeat of misdeeds is addressed through tasbih (reinforcement of explanation or advice given in the earlier phase; Children from 10 years old – If misdeed is still repeated, to ensure the child’s himayah (protection) from further misdeed and sin, the child can be caned.
However, if parents failed to undertake taujih and tasbih actions earlier, they do not have the right to punish the child later by canning.

This programme was well received.

Participants suggested that SUHAKAM carry out more of such sessions for state religious departments focusing on international human rights treaties and contemporary human rights issues in Malaysia like rights of children, women and persons with disabilities.
Through established relationships with various state religious authorities, SUHAKAM hopes to engage with them on specific human rights issues under their purview.

One matter that SUHAKAM took up with them was related to children’s rights, especially those in unregistered tahfiz schools.

During the year, SUHAKAM’s concerns over the welfare and rights of the child were raised with news reports of deaths, fires, alleged abuse and rape in tahfiz schools.
On 18 March, the Sultan of ANNUAL REPORT 2019 199 Selangor ordered all unregistered, privately run tahfiz schools to close for reasons of the children’s safety as well as an inadequate academic curriculum.

SUHAKAM met with Dato’ Haji Haris bin Kasim, the Selangor Islamic Religious Department (JAIS) director, on 4 March to ascertain the changes JAIS had made after the sultan’s decree.

During the meeting, Dato’ Haji Haris shared the steps JAIS taken: i. ii.
JAIS updated the 2018 general guidelines for the establishment and registration of Islamic religious schools in the state (Garis Panduan Pengurusan Am (Penubuhan dan Pendaftaran) Sekolah Agama Islam Negeri Selangor Darul Ehsan 2018).

It takes cognisance of the state enactment on the monitoring of Islamic religious schools (Enakmen Pengawalan Sekolah-Sekolah Agama Islam Negeri Selangor 1988 (Pindaan 2001)).
This was done to keep a close watch on the registration of newly established Islamic religious educational institutions, including tahfiz schools, and to ensure that they are properly planned and have taken into consideration safety and health issues.

JAIS had also introduced a programme called ‘Fast Track SPM Huffaz Selangor’.
The programme, which is jointly coordinated by JAIS and the Persatuan Insitusi Tahfiz Negeri Selangor (PITAS - Selangor Tahfiz Institutions Association), involves tuition classes at private tahfiz schools, which would enable the students to sit for the national examination as a private candidate.

SUHAKAM took the opportunity to offer a human rights training session for tahfiz school administrators in Selangor.
After the JAIS director agreed, a Human Rights Workshop for the Administrators of Tahfiz Schools was conducted jointly by SUHAKAM, JAIS and PITAS on 22 – 23 April 2019 in Shah Alam, Selangor.

(Refer to page 8 for a report on the workshop).

The decree by the Selangor Sultan is a best practice that demonstrates the power of the sultans individually and the Conference of Rulers collectively, to mobilise state religious departments to take immediate action to promote and protect human rights.
On Oct 1, a SUHAKAM delegation led by its chairman Tan Sri Othman Hashim met with the Keeper of the Rulers’ Seal Tan Sri Syed Danial bin Syed Ahmad.

They brought to his attention three specific issues that fall under the purview of state religious authorities, and therefore, under the power of State Rulers.

These matters were highlighted with the aspiration that they would be conveyed to and considered by the Conference of Rulers: C H A P T E R 5 200 SUHAKAM Registration of Tahfiz Schools i.
Noting that the best interests of the child should be the primary consideration in any laws and policies that impact the rights of a child, SUHAKAM urged the state reglious authority to make the registration of tahfiz schools compulsory.

A positive example was seen when the Sultan of Selangor ordered the closure of private tahfiz schools that were unregistered with JAIS because of issues related to safety and the quality of the curriculum.

ii.

iii.
ii.

iii.

Underage marriage SUHAKAM stressed that child marriage might curtail many aspects of the rights of the child.

The situation becomes grave when the free, prior and informed consent of the child is not obtained before marriage.

SUHAKAM reiterates its stance that the age of marriage for both boys and girls should be raised to 18 years.
Disabled-friendly mosques SUHAKAM shared its current initiative to advocate for disabled-friendly places of worships, and the accessibility of mosques to persons with disabilities (PWD).
Following from the Seminar on Disabled-Friendly Places of Worship held on 18 March this year and the Seminar on Disabled-Friendly Mosques on 20 October the previous year, SUHAKAM identified these key issues related to mosques: a) b) c) Many mosques in Malaysia do not comply with federal laws to ensure physical accessibility for PWD.
They lack ramps, have no disabled-friendly parking or access to the ablution area; The cost to upgrade and maintain such facilities is expensive, and many mosque management committees cannot undertake them.

They are dependent on public donations (refer to page 169 for SUHAKAM’s Seminar on Disabled-Friendly Places of Worship in Malaysia); and There was a lack of awareness among the mosque’s management committees members of the need to ensure accessibility for PWD.
Among SUHAKAM’S proposals were for state religious authorities to be made responsible for ensuring mosques were accessible to all Muslims, that there are special features and facilities to cater for PWD.

For this purpose, state religious authorities must work closely with local councils to enforce the Uniform Building By-Laws 1984.

Also, state governments should allocate funds for the installation of disabled-friendly facilities in mosques.
ANNUAL REPORT 2019 201 SUHAKAM’s delegation led by Chairman Tan Sri Othman Hashim with The Keeper of the Rulers’ Seal, Tan Sri Syed Danial bin Syed Ahmad on 1 October 2019.

In response, Tan Sri Syed Danial agreed that there was a need for the Conference of Rulers to have the opportunity to consider relevant issues from all angles.

As such he agreed for SUHAKAM to present these issues before the Conference of Rulers at its Pre-Council Meeting in February 2020.
THE WAy FoRWARD SUHAKAM looks forward to its upcoming session at the Pre-Council Meeting of the Conference of Rulers in February 2020 where it hopes to raise the human rights aspect of child marriages, tahfiz schools and disabled-friendly mosques.

At the same time, SUHAKAM will continue to work closely with federal and state religious authorites on conducting human rights capacity building sessions.
SUHAKAM will also submit draft Friday sermons on a range of other human rights subjects to be considered by the religious authorities in the various states.

SUHAKAM will also maintain its engagement with religious authorities to discuss and find solutions for any human rights issues that come up.
C H A P T E R 5 202 SUHAKAM 5.11 DEATH PENALTy SUHAKAM welcomes the government’s decision to abolish the mandatory death penalty for 11 offences under the Penal Code and the Firearms (Increased Penalties) Act 1971.

SUHAKAM views this move as a step in the right direction towards the total abolition of death penalty in this country.

SUHAKAM has been engaging the Legal Affairs Division of the Prime Minister’s Department (BHEUU) on the proposed abolition of mandatory death penalty.
Commissioner, Dato’ Mah Weng Kwai was appointed as SUHAKAM representative and a member of the Special Cabinet Committee to study and make recommendations on alternative punishment to replace mandatory death penalty and on transitionary measures for current death row prisoners when the abolition comes into force.
In these circumstances, SUHAKAM conducted a stakeholder consultation on 2 October 2019 to obtain views on related issues and input for the purpose of formulating SUHAKAM recommendations to the Committee.

40 participants from relevant government agencies, members of the Malaysian Bar Council and NGOs attended this consultation.

Recommendations As an outcome for the stakeholder consultation, SUHAKAM will submit the following recommendations to the Special Committee for their serious consideration.

i.
i.

The idea of replacing death penalty with life imprisonment for a term of 30 years would be in line with SUHAKAM’s consistent position for total abolition of the death penalty.

ii.
ii.

However, the government in formulating the law reforms to this end should seriously reconsider the proportionality of punishment to the gravity of all crimes currently punishable by death (mandatory and discretionary), and progressively move from a criminal justice system ANNUAL REPORT 2019 203 that is rooted in deterrent and retributive justice to restorative and rehabilitative justice.

iii.
iii.

In any event, SUHAKAM disagrees with natural life imprisonment and corporal punishment as alternative punishments to replace the death penalty.

Natural life imprisonment denies prisoners of any hope of rehabilitation and reintegration into society and, together with corporal punishment, violates the right to freedom from torture and cruel and degrading treatment and punishment.

iv.
iv.

Adequate safeguards and best practice guidelines should be in place and enforced to ensure that courts adopt sentencing practices that would achieve similar goals.

v. Prison conditions and standards of treatment of prisoners must also be improved to ensure that imprisonment does not effectively become cruel and degrading punishment to life prisoners.

vi.
vi.

SUHAKAM primarily calls for resentencing of current death row prisoners, with a view for commutation of sentences to serve prorated prison term or conditional release.

vii.
vii.

The proposed implementation of diyat57 as one of the alternative punishments to replace mandatory death penalty for the offence of murder may be incompatible with SUHAKAM’s consistent position for total abolition of the death penalty since the proposal is still premised on courts having the discretionary power to sentence either death penalty, diyat and/or imprisonment with the pardon of the deceased’s family and at the option of the deceased’s representative(s).

viii.
viii.

Section 426 of the Criminal Procedure Code may already be invoked for the High Court to order the payment of compensation to representatives of deceased victims upon a conviction of murder.

Hence, the need to introduce diyat as an alternative or as part of the mitigation action to reduce the burden of the victim’s family is open to question.
Furthermore, without adequate safeguards, there is no guarantee that implementation of diyat would lead to equal treatment for the offender(s) in the face of justice especially due to differences in financial capabilities.

57 Diyat is known as “blood money” or compensation under Islamic Shariah Law for death or injury caused by a serious offence against a person.
C H A P T E R 5 CHAPTER 6 ADMINISTRATIVE AND FINANCE 206 SUHAKAM ADMINISTRATIVE AND FINANCE OVERVIEW The Corporate Services Division performs a supporting function in the administration, finance and human resources management so that core functions can take place efficiently and effectively.

The division has successfully conducted several programmes and activities, including the development of capacity and skills of the officers and staff.

1.
1.

CAPACITy DEVElOPMENT AND KNOWlEDgE ENHANCEMENT The Human Resources Unit continues to provide a variety of training and courses as part of its effort to enhance the capacity and skills of SUHAKAM officers and staff in terms of technical and human rights skills.

To this end, SUHAKAM consistently emphasises the need to continue improving knowledge, and the development of skills in human rights, towards their career development, and welfare.
In addition, information and communication technology related knowledge is also extended to the officers as value-added skills.

Table 24: In-house training, 2019 No.

Date Details 1.

2.

3.

4.

5.
26 April 16 May 24 May 27 May 26 July Briefing on Financial Management and Retirement Planning by the Employees Provident Fund (EPF) Briefing on Preventive Laws in Malaysia (POCA, SOSMA, POTA) by Joshua Ericsson, Law and International Treaties Division Ramadan Tazkirah Programme “My Last Ramadan” by Ustaz Syafiq Shawal, organised by the Kelab Kebajikan & Sukan SUHAKAM SUHAKAM Induction Course for new staff Gender Equality & Sexual Harassment in Malaysia by Aisya Abdul Rahman (Officer, Law and International Treaties Division) ANNUAL REPORT 2019 207 No.
Date 6.

7.

25 May 8 August 8.

27 September 9.

4 October 10.

10 October Details Briefing on Flexi-Working Hours by Mohamad Azizi Azmi, Corporate Services Division Treaty Body Reporting by Ms Hanae Hanzawa, Human Rights Officer, OHCHR South-East Asia Regional Office, Bangkok, Thailand Briefing on SUHAKAM Group Insurance Policy to all staff in Headquarters by En Ibrahim, Rosegate Insurance Brokers Sdn.

Bhd.
Bhd.

Training on Slido Application by Hana Shazwin Azizan, International Coordination and Media Relations Division Knowledge Sharing Session on Forced Labour with SUHAKAM by the International Labour Organization (ILO) 22 November Video Screening and discussion on the Uyghur in China 11.

12.

5 November 13.
12.

5 November 13.

6 November Briefing on SUHAKAM Group Insurance Policy to all staff in Sarawak Office by En Ibrahim, Rosegate Insurance Brokers Sdn Bhd Briefing on SUHAKAM Group Insurance Policy to all staff in SUHAKAM Sabah Office by En.

Ibrahim, Rosegate Insurance Brokers Sdn.

Bhd.


One of the in-house training sessions conducted by the International Labour Organisation (ILO) for SUHAKAM staff C H A P T E R 6 208 SUHAKAM Usually, speakers/trainers for the in-house training comprise SUHAKAM staff or are experts invited by SUHAKAM.

However, for this year SUHAKAM in collaboration with OHCHR and the ILO organised two in-house training sessions for all its staff on treaty body reporting and forced labour.
Such partnerships are great for increasing the capacity and knowledge of human rights issues of SUHAKAM staff.

If given the opportunity, SUHAKAM would like to continue this collaboration with relevant international human rights bodies.

Further to the above, efforts were also undertaken by the Human Resources Unit to source other training and courses provided by third parties, such as government training institutions and private training providers which are either free or charge minimal fees.
Table 25: Training and courses provided by third parties, 2019 Organiser No.

of Courses National Institute of Public Administration (INTAN) Islamic Science University of Malaysia (USIM) Prime Minister’s Department (JPM) Selangor Islamic Religious Department Intellectual Property Corporation (MyIPO) National Library Private Companies 9 1 1 1 1 1 5 No.

1.

2.

3.

4.

5.

6.

7.


Besides that, staff members were also provided with the opportunity to participate in various human rights training and courses abroad, which are usually sponsored by the organiser.

They include the following: Table 26: Human rights training and courses at international level, 2019 No.

Date Subject Matter Organiser 7 – 18 January 6th International Winter Course Human Rights and Asia 2019 18th Session of the United Nations Permanent Forum on Indigenous Issues 1.

2.

3.
2.

3.

22 – 26 April 6 – 10 May Seoul National University Human Rights Centre, Republic of South Korea United Nations Headquarters, New York Training Course for NHRI’s on International Human Rights Mechanisms Office of the High Commissioner for Human Rights, Geneva ANNUAL REPORT 2019 209 Undoubtedly, capacity building and knowledge enhancement for officers and staff require sufficient financial allocation.

This is because most of the human rights-related courses are often conducted overseas.
SUHAKAM has to regulate the participation of officers and staff for overseas courses as the annual grant by the government is very limited.

Nevertheless, SUHAKAM still managed to provide adequate exposure and training for its officers and staff to enable them to perform and deliver their best.

2.

ANNuAl gRANT by THE gOVERNMENT As a National Human Rights Institution or NHRI, SUHAKAM receives an annual management grant from the government, as stated in the Human Rights Commission of Malaysia Act 1999.
The total operating expenditures allocated from 2009 to 2019 ranged from RM10 million to RM11.6 million.

In 2016, SUHAKAM received only RM5.9 million for operating expenses.

For 2019, SUHAKAM received a grant of RM10.45 million despite requesting for a total of RM15 million.

After an appeal, SUHAKAM was granted an additional sum of RM2 million.
In August, SUHAKAM received additional grant of RM500,000 for the office of the Children’s Commissioner, increasing the total amount received for 2019 to RM12,950,500.
Figure 4: shows the total Operating Grant Allocation channelled to SUHAKAM by the government between 2015 and 2019 ) M R ( n o i t a c o l l A t n a G r 14,000,000 12,000,000 10,000,000 8,898,822 11,616,300 11,116,300 12,950,500 8,000,000 6,000,000 4,000,000 2,000,000 0 5,953,930 2015 2016 2017 Year 2018 2019 C H A P T E R 6 210 SUHAKAM However, the amount of the grant is only sufficient to cover the minimum operating costs of SUHAKAM.
Nevertheless, as a result of prudent spending practices, SUHAKAM is able to implement several programmes and activities based on the functions and mandates given.

Taking into account the increasing demands of the government, civil society and the public as a whole, SUHAKAM is of the view that the grant should be increased in line with these demands.
In addition, the Paris Principles state that an NHRI such as SUHAKAM should be provided with sufficient allocations, to enable it to appoint its own officers and premises, to be independent and not subject to financial controls by the government that may adversely affect SUHAKAM’s independence58.
In addition, to ensure Malaysia is a nation with the world’s most respected human rights record, Janji 26 Buku Harapan, also states explicitly that allocations for human rights activities by SUHAKAM and other related bodies will be increased.

3.

FINANCIAl POSITION AND PERFORMANCE Section 19(1) of the Human Rights Commission of Malaysia Act, 1999 states that the Malaysian Government shall provide SUHAKAM with adequate funds annually to enable SUHAKAM to discharge its functions.
For the year 2019, SUHAKAM received a grant of RM12,950,500 compared to RM11,116,300 in 2018, an increase of 16.5%.

No.

1.

2.

3.

4.

5.

6.
Table 27: Allocations of funds Allocation Total Received (RM) First Quarter (Jan – Mar) Second Quarter (Apr – June) Third Quarter (Jul – Sept) Fourth Quarter (Oct – Dec) Additional Appropriation 2,612,625.00 2,612,625.00 2,612,625.00 2,612,625.00 2,000,000.00 Allocation for the Office of the Children’s Commissioner 500,000.00 Total Funds Received 12,950,500.00 58 Principle 2 of the Paris Principles states that: “The national institution shall have an infrastructure which is suited to the smooth conduct of its activities, in particular adequate funding.
The purpose of this funding should be to enable it to have its own staff and premises, in order to be independent of the government and not be subject to financial control which might affect its independence.” ANNUAL REPORT 2019 211 SUHAKAM’s income consists of an Operating Grant Allocation disbursed annually by the government to SUHAKAM, hibah and interest received from a fixed deposit.
These, as well as project funds received by SUHAKAM, are utilised to promote awareness and to provide education on human rights.

Among the sources listed, the Operating Grant Allocation distributed annually by the government to SUHAKAM via the Prime Minister’s Office is the primary source of funding used to carry out its operations.

SUHAKAM’s spending requirements are in line with the demands of civil society for SUHAKAM to address more human rights issues in Malaysia.
For 2019, the operating expenses of SUHAKAM amounted to RM13,098,145.

SUHAKAM’s expenditure comprises emoluments, procurement of supplies and services and assets acquisition.

Emolument expenses include payment of wages and salaries, permanent allowances, statutory contributions for employees, overtime allowances and other financial benefits for 82 positions filled for the year 2019.
The expenditure for supplies and services consists of travelling expenses, communications and utilities, rentals, supplies, repairs and maintenance, professional services and hospitality.

These costs include expenses to run the various human rights programmes such as field studies and investigations, awareness-raising programmes, visits to places of detention and many others.

SUHAKAM’s assets acquisition for 2019 included procurement of computers, equipment and reading materials.
C H A P T E R 6 212 SUHAKAM Figure 5: shows the total expenditure of SUHAKAM from 2015 to 2019 14,000,000 12,000,000 11,476,104 11,262,751 12,001,202 13,098,145 ) M R ( e u t i r d n e p x E 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 0 9,832,150 2015 2016 2017 Year 2018 2019 SUHAKAM’s expenses for 2019, not taking into account the depreciation of assets and write-offs, are as follows: Table 28: SUHAKAM’s Expenditure, 2019 Expenditure Emolument Supplies and services Asset Rewards other fixed payment Other expenses Total Amount Total (RM) 5,611,871 7,295,590 129,248 58,869 2,567 13,098,145 Percentage Expenditure 42.84% 55.70% 0.99% 0.45% 0.02% 100.00% ANNUAL REPORT 2019 213 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 0 (2,000,000) (4,000,000) (6,000,000) ) M R ( e u t i r d n e p x E Figure 6: shows comparison of Government Grant Allocation and SUHAKAM’s Operation Expenditure 4 0 1 , 6 7 4 , 1 1 2 2 8 , 8 9 8 , 8 0 5 1 , 2 3 8 , 9 0 3 9 , 3 5 9 , 5 0 0 3 , 6 1 6 , 1 1 1 5 7 , 2 6 2 , 1 1 2 0 2 , 1 0 0 , 2 1 0 0 3 , 6 1 1 , 1 1 0 0 5 , 0 5 9 , 2 1 5 4 1 , 8 9 0 , 3 1 9 4 5 3 5 3 , 2015 2016 2017 2018 2019 ) 2 8 2 , 7 7 5 2 ( , ) 0 2 2 , 8 7 8 3 ( , Year ) 2 0 9 4 8 8 ( , ) 5 4 6 7 4 1 ( , Grant allocation Operational Expenses Surplus/(Deficit) 4.
SuHAKAM’S FINANCIAl STATEMENT, 2015-2019 Below are SUHAKAM’s financial statements from 2015 to 2019.
Table 29: Statement of Comprehensive Income for 2015-2019 Statement of Comprehensive Income Income Govenrment Grant 2015 2016 2017 2018 2019 8,898,822 5,953,930 11,616,300 11,116,300 12,950,500 Other Income 292,138 67,687 269,806 217,779 623,750 Operational Expenditure (11,400,262) (10,034,682) (11,352,468) (12,164,058) (13,107,428) Finance Income 170,478 87,832 14,211 11,817 43,289 Surplus (Deficit) for the Current year (2,038,824) (3,925,233) 547,849 (818,162) 510,111 C H A P T E R 6 214 SUHAKAM Table 30: Statement of Financial Position, 2015-2019 Statement of Financial Position Non-Current Assets 2015 2016 2017 2018 2019 Property, Plant and Equipment Total Non- Current Assets Current Assets Deposits and Prepayment 734,670 532,137 446,154 283,298 274,015 734,670 532,137 446,154 283,298 274,015 808,290 637,367 631,607 631,256 659,566 Fixed Deposit 3,733,000 400,000 – 1,000,000 1,000,000 Cash and Bank Balances Total Current Assets 1,126,100 590,712 1,659,062 2,943,268 966,405 5,667,390 1,628,079 2,290,669 4,574,524 2,625,971 Total Assets 6,402,060 2,160,216 2,736,823 4,857,822 2,899,986 Equity Accumulated Surplus/ (Deficit) Accumulated Surplus/ (Deficit) for the current year brought forward 7,975,481 5,936,927 2,011,694 2,559,543 1,741,381 (2,038,554) (3,925,233) 547,849 (818,162) 510,111 Total Equity 5,936,927 2,011,694 2,559,543 1,741,381 2,251,942 Current liability Other Payables and Accrued Expenses Total Current Liability Total Equity and liability 297,419 148,522 177,280 3,120,441 648,494 297,419 148,522 177,280 3,120,441 648,494 6,234,346 2,160,216 2,736,823 4,861,822 2,899,986 ANNUAL REPORT 2019 215 Table 31: Financial Ratios Financial Ratios 2015 2016 2017 2018 2019 Current Ratio 19.06 0.05 0.05 10.96 0.07 0.07 12.92 0.06 0.07 1.47 0.64 1.79 4.05 0.22 0.29 0.23 (0.34) (1.95) 0.21 (0.47) 12.74 11.48 26.67 40.05 49.70 Debt Ratio Debt to Equity Ratio Return on Equity Ratio Fixed Asset Turnover Ratio THE WAy FORWARD The biggest concern for SUHAKAM undoubtedly is funding.
Financial limitations with regard to staffing and programmes prevent SUHAKAM from undertaking or delving into a wider range of human rights issues.

SuHAKAM is optimistic that the allocation for SuHAKAM will be increased in line with the government’s commitment to human rights and to enable SUHAKAM to carry out its mandate more broadly and efficiently.

C H A P T E R 6 APPENDICES 218 SUHAKAM APPENDIX I PRESS STATEMENTS No.

Topic 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.


18.

19.

20.

21.

22.

23.

24.

25.

26.
Arrest of 3 individuals under the Sedition Act 1948 Federal Government filed a suit against the Kelantan State Government Establishment of a Royal Commission of Inquiry (RCI) Yemen Symposium Date 14 January 19 January 20 February 21 February SUHAKAM’s Response to YB Dato’ Sri Nazri Aziz’s Statement 25 February Accession to Rome Statute of the ICC International Women’s Day Abolition of 11 offences with the Death Penalty Adoption of UPR recommendations at the 40th Session of the Human Rights Council in Geneva Judicial Colloquium 7 March 8 March 16 March 17 March 21 March International Day for the Elimination of Racial Discrimination 21 March Dumping of Industrial Waste into Sungai Kim Kim 22 March Resignation of Tan Sri Razali Ismail as SUHAKAM Chairman Protecting the Right to FOE of Human Rights Defenders MoU between SUHAKAM and Komnas HAM on statelessness in Sabah SUHAKAM’s Statutory Mandate as a National Human Rights Institution The Announcement of New Commissioners for SUHAKAM for 2019 – 2022 Peaceful Assembly (Amendment) Bill Regional Dialogue on UNCAT Alternatives to Children in Detention Passing of the Constitutional (Amendment) Bill World Day Against Trafficking in Persons Native Customary Land Rights International Day of the World’s Indigenous Peoples Unilateral Conversion The appointment of Prof. Dato’ Noor Aziah Mohd Awal as the Children’s Commissioner 17 April 22 April 23 April 24 April 26 June 4 July 8 July 17 July 17 July 29 July 1 August 9 August 22 August 23 August ANNUAL REPORT 2019 219 A P P E N D X I I No.
27.

28.

29.

30.

31.

32.

33.

34.

35.

36.

37.

38.

39.

40.
Topic International Day of the Victims of Enforced Disappearances The Deportation of Asylum Seekers from Turkey End of Mission Statement by the Special Rapporteur on Extreme Poverty and Human Rights The arrest of Shia followers 20 Years of SUHAKAM & the Way Forward Protection against Discrimination for Job Seekers Malay Dignity Congress Protection of Human Rights Defenders Use of SOSMA in LTTE Arrests Police Investigation of CAGED Spokesperson Date 30 August 31 August 1 September 10 September 11 September 23 September 11 October 16 October 16 October 9 November Brief Detention of Mu Sochua and Cambodian Activists 9 November SUHAKAM condemns the despicable missile attack at the office of Palestinian Independent Commission for Human Rights in Gaza Deferment of Reading of IPCMC Bill Debate of the SUHAKAM Annual Report 2018 in Parliament 15 November 4 December 5 December PRESS STATEMENTS BY CHILDREN’S COMMISSIONER No.
1.

2.

3.

4.
Topic Decision to drop criminal charges of sexual abuse against Tahfiz student The death of seven-year-old Tahfiz student Stakeholder Consultation with The Office of the Children’s Commissioner Universal Children’s Day Date 19 October 9 November 17 November 20 November 220 SUHAKAM APPENDIX II LIST OF ACTIVITIES CMD ETD POD ICD ESCRD MRD LITD SARAWAK SABAH OCC SUHAKAM Complaints and Monitoring Division Education and Training Division Promotion and Outreach Division International Coordination Division Economic, Social and Cultural Rights Division Media Relations Division Law and International Treaties Division Sarawak Office Sabah Office Office of Children’s Commissioner Human Rights Commission of Malaysia No.
Date Activity Venue Division/ Unit/ Branch CMD 1.

2.

3.

4.

5.

7 January Case visit to Sungai Buloh Prison Sungai Buloh, Selangor 11 January 14 January SUHAKAM’s Exhibition in conjunction with Opening of the Legal Year Meeting with YB Datuk Seri Dr. Mujahid Yusof, Minister in the Prime Minister’s Department (Religion) Putrajaya POD Putrajaya SUHAKAM 14 January Case visit to Tapah Prison 14 January Case visit to Seberang Perai Tengah District Police Headquarters (IPD) 6.
15 January Case visit to Bukit Mertajam City Mall Tapah, Perak Seberang Perai, Pulau Pinang Bukit Mertajam, Pulau Pinang CMD CMD CMD CMD 7.

16 January 8.

16 January Case visit to Dar Al-Quran Wal Hadeeth, regarding a student’s detention under SOSMA Padang Besar, Perlis Meeting with YB Waytha Moorthy Ponnusamy, Minister in the Prime Minister’s Department Putrajaya SUHAKAM 9.

16 January Case visit to Manjung IPD and Seri Manjung Hospital Manjung, Perak 10.
17 January Case visit to KD Sultan Idris 1 (Army Training Camp) Lumut, Perak CMD CMD ANNUAL REPORT 2019 221 A P P E N D X I I I Division/ Unit/ Branch LITD POD CMD POD No.

Date Activity Venue 11.

18 January 12.

20 January Watching Brief: Inquest into the Death of Muhammad Adib (Shah Alam Coroner’s Court) Shah Alam, Selangor SUHAKAM Exhibition in conjunction with Tropicana Residents’ Association’s Bazaar programme Petaling Jaya, Selangor 13.
22 January Case visit to SJKT Ladang Tuan Mee and SJKT Bestari Jaya Bukit Beruntung, Selangor 14.

23 January 15.

23 January 16.

23 January SUHAKAM Exhibition in conjunction with Lunch & Learn: Business and Human Rights Programme Ara Damansara, Selangor ACT4CAT Coalition Meeting with Solicitor General II, Attorney General’s Chambers Putrajaya SUHAKAM Talk on Business and Human Rights to Officers/Staff of Sime Darby Property Berhad Kuala Lumpur 17.
23-25 January Case visit regarding detention of a ship’s crew Sabah 18.

24 January 19.

25 January 20.

28 January 21.


28 January Meeting with Felda Soeharto Management on ‘SUHAKAM Bersama Masyarakat’ programme Kuala Kubu Bharu, Selangor Kuala Lumpur Kuala Lumpur Roundtable discussion on Kampung Chubadak Tambahan’s Complaints Follow-up Meeting with AIM, SUARAM, Bar Council and FLF on UNCAT Coalition Campaign Lecture on Anti-Bullying & Convention on the Rights of the Child at MARA Junior Science College (MRSM) Kuching SARAWAK ETD SABAH CMD POD CMD POD 22.
29 January Human Rights Workshop for Penor Prison Officers/Staff Kuantan, Pahang 23.

30 January Youth for Rights Programme at UiTM Alor Gajah Campus Alor Gajah, Melaka 24.

30 January Joint PC with SUARAM to highlight issues concerning children detained under POCA Kuala Lumpur 25.

4 February Case visit to Kuala Langat IPD Kuala Langat, Selangor ETD POD MRD CMD CMD 222 SUHAKAM No.

Date Activity Venue Division/ Unit/ Branch 26.

7 February 27.
7 February 27.

11 February Meeting with Election Commission (EC) Case visit to Kamunting Correctional Centre Putrajaya SUHAKAM Kamunting, Perak 28.

11 February Visit to Taiping Children’s Welfare Home Taiping, Perak 29.

11-28 February Watching Brief: Inquest into the Death of Muhammad Adib (Shah Alam Coroner’s Court) Shah Alam, Selangor 30.

12 February Case visit to Taiping IPD and District Social Welfare Department Taiping, Perak 31.

32.
32.

12 February Case visit to Kota Setar IPD 13 February Visit to Sekolah Menengah Penrissen No.

1 33.

13 February Case visit to Banting Hospital Kedah Kuching, Sarawak Banting, Selangor 34.

35.

13 February Case visit to Pokok Sena Prison Kedah 13-15 February SUHAKAM Bersama Masyarakat (meet the people) Programme Keningau, Sabah 36.

14 February 37.

14 February 38.

20 February Case visit to Perlis Correctional Centre Case visit to Tuanku Fauziah Hospital Case visit to Kuala Kubu Bharu Hospital 39.
20 February Case visit to Sungai Buloh Prison 40.

21 February Meet the Press Programme 41.

23 February Seminar on the Crisis in Yemen Arau, Perlis Kangar, Perlis Kuala Kubu Bharu, Selangor Sungai Buloh, Selangor Kuala Lumpur Kuala Lumpur 42.

23 February SUHAKAM Bersama Masyarakat Programme Lawas, Sarawak 43.

25 February Case visit to Taiping Hospital and Crystal Home Taiping, Perak 44.
25 February Visit to Limbang Community- Based Rehabilitation (PDK) and Limbang District Council Limbang, Sarawak CMD CMD LITD CMD CMD CMD SARAWAK CMD CMD SABAH CMD CMD CMD CMD MRD ICR MRD Sarawak CMD Sarawak ANNUAL REPORT 2019 223 No.

Date Activity Venue 45.

25-27 February SUHAKAM Bersama Masyarakat Programme Lahad Datu, Sabah 46.

26 February Case visit to SKJ(T) Ladang Selangor River Kuala Selangor, Selangor 47.
26 February Case visit and closed-door discussion with the Kuala Selangor District Education Office (PPD) Kuala Selangor, Selangor 48.

26 February Case visit to Children’s Welfare Home and SMK Convent Taiping, Perak 49.

26-27 February 50.
26-27 February 50.

28 February Training of Trainers (ToT) – Human Rights Course for Universiti Selangor (UNISEL) Lecturers, Shah Alam Campus Shah Alam, Selangor Case visit to Cawangan Tenaga Kerja Angkatan Tentera Malaysia (CTKATM) in regard to the death of J. Soosaimanicckam Kuala Lumpur 51.

28 February Visit to Henry Gurney School 52.

53.

1 March 1 March 54.

1,4,5 March 55.

4 March 56.

5 March 57.

58.
5 March 6 March Telok Mas, Melaka Kuala Lumpur Kuala Lumpur Open Consultation with Community and Orang Asli Expert Consultation on the Role of the Department of Orang Asli Development(JAKOA) Watching Brief: Inquest into the Death of Muhammad Adib (Shah Alam Coroner’s Court) Shah Alam, Selangor Meeting with the Secretary General of the Ministry of Foreign Affairs on UPR Matters Kuala Lumpur Site visit to Felda Soeharto in conjunction with ‘SUHAKAM Bersama Masyarakat’ programme Case visit to Seafield Sri Mariamman Temple ‘SUHAKAM Bersama Masyarakat’ programme at Felda Soeharto Kuala Kubu Bharu, Selangor Subang Jaya, Selangor Kuala Kubu Bharu, Selangor A P P E N D X I I I Division/ Unit/ Branch SABAH CMD CMD CMD ETD CMD CMD ESCRD CMD LITD ICD POD CMD POD 224 SUHAKAM No.
Date Activity Venue 59.

6 March 60.

7 March 61.
8 March Inquiry into the Disappearance of Pastor Raymond Koh and Amri Che Mat (Oral Submissions) Kuala Lumpur Routine visit to Institute of Drug Rehabilitation, Jelebu Prisons Department Routine visit to Sikamat Police Station Lock-up Division/ Unit/ Branch CMD CMD CMD CMD SARAWAK CMD POD POD CMD CMD CMD SARAWAK CMD CMD POD CMD SABAH Jelebu, Negeri Sembilan Seremban, Negeri Sembilan Kuala Lumpur Lundu, Sarawak Sabak Bernam, Selangor Kuching, Sarawak Subang Jaya, Selangor Kuala Lumpur Putrajaya 9 March Monitoring Women’s Day Event 12 March 12 March 13 March Working visit to Lundu District Office Recording statements regarding the death of J. Soosaimanicckam Subang Jaya, Selangor SUHAKAM Exhibition in conjunction with Human Rights & Anti- Corruption Training Workshop Subang Jaya, Selangor 66.
13 March 67.

13 March Human Rights and Anti-Corruption Training Workshop for Officers/Staff of Salcon Engineering Berhad Subang Jaya, Selangor ETD Meeting with Negeri Sembilan Fisheries Development Authority of Malaysia (LKIM) on ‘SUHAKAM Bersama Masyarakat’ programme Port Dickson, Negeri Sembilan 14 March 14 March Visit to the Department of Orang Asli Development(JAKOA) Pekan, Pahang Discussion with Yayasan Pahang Regarding Orang Asli in Larat Kuantan, Pahang 14 March Case visit to Sabak Bernam IPD 62.
63.

64.

65.

68.

69.

70.

71.

14 March Visit to Central Police Station Lock-up 72.

14-15 March Case visit to Seafield Sri Mariamman Temple 73.

74.

18 March 19 March Seminar on Disabled-Friendly Places of Worship Meeting with National Registration Department (NRD) regarding citizenship issues ANNUAL REPORT 2019 225 No.

Date Activity Venue 75.


19-29 March Watching Brief: Inquest into the Death of Muhammad Adib (Shah Alam Coroner’s Court) Shah Alam, Selangor Division/ Unit/ Branch LITD A P P E N D X I I I Putrajaya LITD Kuala Lumpur ESCRD 76.

77.

78.

79.

21 March 22 March 22 March 23 March 80.
25 March Watching Brief: Sedition Act (Federal Court) Closed-Door Discussion on SUHAKAM’s Study on Discrimination Against Transgender Persons Based in Kuala Lumpur and Selangor (Right to Education, Employment, Healthcare, Housing and Dignity) Discussion with Yayasan Negeri Pahang regarding Orang Asli Issues Judicial Colloquium: Applying International Human Rights Principles/Norms in Judicial Processes Meeting with the MOE on the Manual Kesedaran Sivik dan Amalan Nilai Murni (MKSANM) 81.
26 March Site visit on ‘SUHAKAM Bersama Masyarakat’ programme Kuala Lumpur Kuala Lumpur Kuala Lumpur Port Dickson, Negeri Sembilan 82.

27 March 83.

27 March 84.

27 March 85.

86.

87.

27 March 28 March 28 March 88.
28 March SUHAKAM Exhibition in conjunction with ‘Jom Jelajah Kampung’ programme at Mukim Hulu Bernam Hulu Selangor, Selangor Kuala Lumpur Kuala Lumpur Perak Perak Kuala Lumpur SUHAKAM Exhibition in conjunction with Launching of the Wang Kelian Report The Launch of the Investigation Report into the Wang Kelian Incident Meeting with Malaysian Rohingya Council Record statements on the death of J. Soosaimanickkam Visit of Delegation from National Agency for The Prohibition of Trafficking In Persons (NAPTIP) from Nigeria Meeting and interview session with witnesses regarding the Ramakrishan Ashram case CMD LITD ETD POD POD/ ETD/ CMD POD/ CMD CMD CMD CMD SUHAKAM Perak CMD 226 SUHAKAM No.
Date Activity Venue 89.

90.

91.

92.

93.

94.

95.

96.

97.
28 March 28 March Watching Brief: Sedition Act (Federal Court) Watching Brief: Contempt Proceedings Against Lawyer (Federal Court) 29 March Visit to Ramakrishna Ashrama Pulau Pinang 1 April Human Rights Lecture in UMS Division/ Unit/ Branch LITD LITD Putrajaya Putrajaya Pulau Pinang CMD Kota Kinabalu, Sabah Shah Alam, Selangor SABAH LITD 1-12 April 2-3 April 4 April 4 April 8 April Watching Brief: Inquest into the Death of Muhammad Adib (Shah Alam Coroner’s Court) Roundtable Discussion on Issues of Discrimination in Sabah Kota Kinabalu, Sabah SABAH Press Conference on the Findings of the Public Inquiry into the Disappearances of Amri Che Mat and Pastor Raymond Koh Kuala Lumpur Watching Brief: Citizenship (Kuala Lumpur High Court) Kuala Lumpur MRD CMD LITD Workshop on Forced Labour and Child Labour with Sarawak Stakeholders in collaboration with ILO Kuching, Sarawak SARAWAK 98.
9 April 99.

9 April 100.

9 April Monitoring at UTM Kuala Lumpur regarding Public Assembly on Education Rights Kuala Lumpur Visit to Pulau Carey with Bangsamoro Visit to Orang Asli Village Palebar Baru 101.

10 April ‘SUHAKAM Bersama Masyarakat’ programme Klang, Selangor Port Dickson, Negeri Sembilan Port Dickson, Negeri Sembilan 102.

10 April 103.

11 April 104.


11 April Routine visit to Central Lock-up, Kubang Pasu IPD Kubang Pasu, Kedah Routine visit to Belantik Immigration Depot Meeting with Rohingya community in Pulau Pinang Belantik, Kedah Seberang Jaya, Pulau Pinang CMD CMD CMD POD CMD CMD CMD ANNUAL REPORT 2019 227 A P P E N D X I I I No.

Date Activity Venue 105.

11 April 106.

12 April 107.

13 April 108.


15 April SUHAKAM Bersama Masyarakat Programme at Kampung Telok Melano Lundu, Sarawak Routine visit to Juru Immigration Depot Juru, Pulau Pinang CMD Community Day in cooperation with Lundu District Office & Pandan Zone Committee Members Lundu, Sarawak Working visit to Sabah Chief Minister, YAB Datuk Seri Panglima Haji Mohd.

Shafie bin Haji Apdal Kota Kinabalu, Sabah 109.

16 April Case visit to Pengkalan Chepa Prison 110.


16 April Seminar on Rights of the Elderly 111.

17 April Lecture Series in UiTM Kota Kinabalu Pengkalan Chepa, Kelantan Kota Kinabalu, Sabah Kota Kinabalu, Sabah SUHAKAM Bersama Masyarakat Programme Kiulu, Sabah SABAH 112.

18 April 113.

19 April 114.

22-23 April 115.

23 April 116.

23 April 117.
24 April Press Conference on the Public Release & Launch of SUHAKAM’s 2018 Annual Report Kuala Lumpur Human Rights and Child Rights Training Workshop for the Administrator of Tahfiz/Private Religious Schools in Selangor Shah Alam, Selangor Bilateral Signing of a MoU between SUHAKAM and Komnas HAM on Statelessness Issues in Sabah Kota Kinabalu, Sabah Watching Brief: Contempt Proceedings Against Lawyer (Federal Court) Putrajaya Workshop on Statelessness Issues in Sabah: Documentation Essential Towards Human Rights Protection Kota Kinabalu, Sabah 118 .
27-28 April Youth for Rights Camp programme in the Northern Zone at UUM Sintok, Kedah Division/ Unit/ Branch SARAWAK SARAWAK SABAH CMD SABAH SABAH MRD ETD ICD LITD SABAH LITD SABAH ICD POD 228 SUHAKAM No.

Date Activity Venue 119.

28 April SUHAKAM Exhibition in conjunction with ‘Drug Prevention and Smoking Risk Awareness’ programme organised by KRT PA Seri Negeri Sembilan Bandar Baru Sentul, Kuala Lumpur 120.

28-29 April Human Rights Training Programme for JAKOA Officers 121.

29-30 April 122.
29-30 April 122.

1 May Roadshow for “Mahkamah Bergerak” Public Assembly Monitoring: ‘The May Day Celebration’ 123.

2 May Visit to CCRC Dengkil Seremban, Negeri Sembilan Paitan, Sabah Kuala Lumpur Dengkil, Selangor 124.

2 May Watching Brief: Stateless Children (Kuala Lumpur High Court) Kuala Lumpur 125.

7 May Case visit to Ulu Choh Prison 126.

7-8 May Visit to Ladang Care, Chenderiang Ulu Choh, Johor Tapah, Perak Division/ Unit/ Branch POD ETD SABAH CMD CMD LITD CMD CMD CMD 127.

8 May 128.

13 May 129.


15 May 130.

16 May 131.

21 May 132.

133.

23 May 29 May 134.

29 May 135.
30 May Case visit to Kulai Jaya Police Station Kulai Jaya, Johor Human Rights Talk at INTI International College Subang, Selangor Subang, Selangor Visit to Puncak Alam Correctional Centre Puncak Alam, Selangor CMD Human Rights Talk for JAIS Officers and Staff Case visit to Batu Gajah Rehabilitation Centre, Prisons Department Shah Alam, Selangor Batu Gajah, Perak POD CMD Visit to Immigration Department Putrajaya Meetings with Pasir Gudang Municipal Council on Kim Kim River Pollution Investigation Pasir Gudang, Johor CMD CMD Meetings with BOMBA Johor on Kim Kim River Pollution Investigation Meetings with Johor Health Department on Kim Kim River Pollution Investigation Johor Bahru, Johor CMD Johor Bahru, Johor CMD ANNUAL REPORT 2019 229 No.
Date Activity Venue Division/ Unit/ Branch 136.

30 May Meetings with Johor Department of Environment on Kim Kim River Pollution Investigation Johor Bahru, Johor CMD 137.

30 May Case visit to Sungai Buloh Prison Sungai Buloh, Selangor CMD A P P E N D X I I I 138.

3 June Case visit to Kampung Orang Asli Gebok 139.

12 June Human Rights Talk at HELP College 140.

13 June 141.

13 June 142.

17 June 143.


17 June Meeting with LKIM Kelantan on SUHAKAM Bersama Masyarakat Programme Human Rights talk to a Delegation from RMIT University, Australia Kuala Lumpur Case visit to Bagan Serai Police Station Meeting with Family Members of the late M. Anbalagan 144.

19 June Case visit to Jawi Prison 145.

21 June Case visit to Kuantan IPD 146.

23 June 147.

24 June 148.

24 June 149.
24 June Youth for Rights programme with Members of the Scouts Association of Malaysia National High-Level Dialogue on Business and Human Rights: “Towards a Malaysian National Action Plan on Business and Human Rights” SUHAKAM Exhibition in conjunction a National High-Level Dialogue on Business and Human Rights Mantin, Negeri Sembilan Kuala Lumpur Kota Bharu, Kelantan CMD POD POD ETD Pulau Pinang CMD Pulau Pinang CMD Jawi, Pulau Pinang Kuantan, Pahang Kuala Lumpur CMD CMD POD Putrajaya ESCRD Putrajaya POD Press Conference on the National High-Level Dialogue on Business and Human Rights Kuala Lumpur MRD 150.
151.

24 June Routine visit to Gerik IPD Gerik, Perak CMD 24-25 June Follow up Awareness Programme on Child’s Right to Safety at MRSM Tun Ghazali Shafie Kuala Lipis, Pahang ETD 230 SUHAKAM No.

Date Activity Venue Division/ Unit/ Branch CMD CMD LITD CMD 152.

153.

25 June 25 June 154.

26 June 155.

27 June 156.


28 June Case visit to Gerik Hospital Gerik, Perak Case visit to Kampung Orang Asli Cunex, Gerik Gerik, Perak Watching Brief: Disabled child’s right to education and personal security (Kuala Lumpur High Court) Kuala Lumpur Courtesy visit from the International Committee of the Red Cross (ICRC) Kuala Lumpur Human Rights Literacy programme for JAKIM Senior Officers Putrajaya POD 157.

28 June Case visit to Sekolah Seksyen 7 158.


1 July Case visit to Lenggeng Immigration Depot 159.

2 July Case visit to Bukit Jalil Immigration Depot 160.

2 July 161.

2-4 July 162.

3 July 163.


4 July Recording Session at Wai FM Bidayuh about SUHAKAM and its functions Workshop on Human Rights Best Practices (HRBP) in Schools Programme and “Training of Trainers” (ToT) Human Rights Module post UPSR and PT3 (Southern Zone) Case visit to Langkap Immigration Depot Meeting with Port Dickson Municipal Council regarding Complaints on the implementation of the Malaysia Vision Valley (MVV) Project 2.0 164.
4 July Watching Brief: Citizenship (Kuala Lumpur High Court) 165.

5 July Case visit to Bentong Prison 166.

8 July 167.

8 July Regional Dialogue on Malaysia’s Accession to UNCAT Press Conference on Regional Dialogue on Malaysia’s Accession to the UNCAT Bangi, Selangor Lenggeng, Negeri Sembilan Bukit Jalil, Kuala Lumpur Kuching, Sarawak CMD CMD CMD SARAWAK Melaka ETD Langkap, Perak Port Dickson, Negeri Sembilan Kuala Lumpur Bentong, Pahang Kuala Lumpur Kuala Lumpur CMD CMD LITD CMD POD MRD No.
Date Activity Venue 168.

9 July Case visit to Klang District Parole Office Klang, Selangor 169.

10 July Visit to Jasin Correctional Centre 170.

10 July Visit to CCRC Tiang 2, Melaka 171.

10 July 172.

10 July Briefing on UNCAT with experts from the Association for APT, CTI and UNCAT Committee Member Abdel Wahab Hani UNCAT Committee and SUHAKAM Meeting with Attorney General Malaysia, Tan Sri Tommy Thomas 173.

11 July Visit to Machap Umboo Immigration Depot 174.
12 July Media Interview (Bernama News Channel) with UNCAT Committee Member Abdel Wahab Hani 175.

15 July Case visit to PPR Sentul Murni 176.


15-17 July Workshop on HRBP in Schools Programme and “Training of Trainers” (ToT) Human Rights Module post UPSR and PT3 (Central Zone) ANNUAL REPORT 2019 231 A P P E N D X I I I Division/ Unit/ Branch CMD CMD CMD SUHAKAM Jasin, Melaka Tiang 2, Melaka Kuala Lumpur Putrajaya SUHAKAM Machap Umboo, Melaka Kuala Lumpur Sentul, Kuala Lumpur Selayang, Selangor CMD POD MRD CMD ETD 177.

16 July 178.
16 July 178.

17 July Meeting with Complainant Regarding Scam Issue Bukit Sentosa, Selangor CMD Press Conference to Introduce the new Commissioners of SUHAKAM for 2019-2022 Kuala Lumpur MRD SUHAKAM 179.

17 July Youth for Rights Programme at Jeli Community College Tanah Merah, Kelantan POD 180.

18 July Visit to Kampung Segaliud 181.

18 July 182.
18 July 182.

18 July Case visit to Semenyih Immigration Depot Case visit to Bukit Jalil Immigration Depot Sandakan, Sabah Semenyih, Selangor Bukit Jalil, Kuala Lumpur SABAH CMD CMD 232 SUHAKAM No.
Date Activity Venue Visit to the Department of Environment Negeri Sembilan with regard to the Quarry Project in Kampung Orang Asli Gebok Mantin Seremban, Negeri Sembilan Youth for Rights programme at Universiti Teknologi Petronas (UTP) Tronoh, Perak Division/ Unit/ Branch CMD POD CMD CMD CMD Seremban, Negeri Sembilan Seremban, Negeri Sembilan Seremban, Negeri Sembilan Putrajaya LITD Kuala Lumpur Kuching, Sarawak Kuala Lumpur Kuching, Sarawak Kuala Lumpur CMD SARAWAK CMD SARAWAK CMD Putrajaya CMD Visit to JAKOA Negeri Sembilan and Melaka with regard to Quarry Project in Kampung Orang Asli Gebok Mantin Visit to UPEN Negeri Sembilan in regard to Quarry Project in Kampung Orang Asli Gebok Mantin Discussion on Lock-up Management, Sikamat Police Station Watching Brief: Freedom of Religion (Federal Court) Meeting regarding ‘Custodial Medical Unit’ Working visit to YBhg Datu Jaul Samion, Acting State Secretary of Sarawak Working visit to Dr. Dusit Jaul, Special Officer to the Minister of Communications and Multimedia Visit to Immigration Office, Federal Territory of Kuala Lumpur with regard to the death of Thomas Orhions Ewansiha Courtesy visit to Immigration Department 183.
19 July 184.

20 July 185.

23 July 186.

23 July 187.

23 July 188.

24 July 189.

25 July 190.

25 July 192.

26 July 193.

26 July 194.

29 July 195.

29 July 191.

25 July Meeting with UNHCR Meeting between Director General of JAKOA, SUHAKAM, Non-Governmental Organisations, SUHAKAM and Bar Council Kuala Lumpur CMD 196.

29 July Press Conference with Media in Sarawak 197.

29 July Discussion with NGO Kuching, Sarawak Kuching, Sarawak SARAWAK SARAWAK ANNUAL REPORT 2019 233 No.

Date Activity Venue 198.


29-31 July Workshop on HRBP in Schools Programme and “Training of Trainers” (ToT) Human Rights Module Post UPSR and PT3 (Central Zone) Langkawi, Kedah 199.

31 July 200.

1 August Meeting with UN Special Rapporteur on Minority Rights 9th National Conference on Non-Discrimination 201.

2 August Sharing Session on Death in Custody 202.


2 August Briefing on Human Rights and SUHAKAM in conjunction with Co-operative Institute of Malaysia (CIM) Monthly Assembly programme Kuala Lumpur Kota Kinabalu, Sabah Kuala Lumpur Petaling Jaya, Selangor A P P E N D X I I I Division/ Unit/ Branch ETD LITD SUHAKAM SABAH CMD POD 203.

2-4 August Mobile Service Centre Roadshow Lahad Datu, Sabah SABAH 204.
5-6 August SUHAKAM’s Exhibition in conjunction with National Conference Anti- Trafficking in Persons 205.

5-8 August Watching Brief: Bullying in School 206.

6-8 August Workshop on HRBP in Schools Programme and “Training of Trainers” (ToT) Human Rights Module post UPSR and PT3 (Eastern Zone) Kuala Lumpur Kuala Lumpur Kuala Terengganu, Terengganu POD LITD ETD 207.

7 August Youth for Rights programme at Pasir Gudang Community Pasir Gudang, Johor POD 208.

8 August 209.

8 August 210.


8 August Working visit to YB Datuk Amar Haji Mohamad Asfia bin Awang Nassar, Speaker, Sarawak State Legislative Assembly Kuching, Sarawak SARAWAK Human Rights Literacy Programme for Pulau Pinang Islamic Religion Department Officer Lebuh Pantai, Pulau Pinang POD Working visit to Kuching South City Council Mayor, Dato James Chan Khay Syn Kuching, Sarawak SARAWAK 211.

9 August Working visit to Sarawak Energy Berhad Kuching, Sarawak SARAWAK 234 SUHAKAM No.
Date Activity Venue 212.

9 August 213.

9-10 August 214.

14 August 215.

15 August 216.

15 August 217.

15 August 218.

16 August 219.
18 August Division/ Unit/ Branch SARAWAK POD SUHAKAM Working visit to YBhg Datu Vasco Sabat Singkang, General Manager, Sarawak Land Consolidation and Rehabilitation Authority (SALCRA) Kota Samarahan, Sarawak SUHAKAM Exhibition in conjunction with International Day of the World’s Indigenous Peoples, Pahang State Level Bera, Pahang Special Rapporteur on Extreme Poverty & Human Rights Official Visit to Malaysia Kuala Lumpur Working visit to YAB Datuk Patinggi Dr. Abang Haji Abdul Rahman Zohari Bin Tun Abang Haji Openg, Chief Minister of Sarawak Kuching, Sarawak SARAWAK Working visit to Kuching North City Hall Mayor, Datuk Haji Abang Wahap Bin Haji Abang Julai Kuching, Sarawak Signing Ceremony of a MoU between SUHAKAM and Universiti Malaysia Sarawak Kuching, Sarawak Meeting with Dean and Management of Faculty of Social Sciences UNIMAS Kuching, Sarawak SARAWAK SARAWAK SARAWAK Meeting with Family Members with regard to Gopal Krisnan s/o M. Rajalingam’s death Ayer Hitam, Pulau Pinang CMD 220.
19 August SUHAKAM Bersama Masyarakat Programme Tumpat, Kelantan 221.

19 August Case visit to Sungai Petani Prison with regard to Gopal Krisnan s/o M.Rajalingam’s death Sungai Petani, Kedah 222.

20 August Case visit to Kuala Muda IPD 223.

21 August Courtesy Visit to PDRM Kuala Muda, Kedah Bukit Aman, Kuala Lumpur 224.

20 August Case visit to Sultan Abdul Halim Hospital Sungai Petani, Kedah 225.
20 August SIS Judicial Review Against Selangor Fatwa Council (Kuala Lumpur High Court) Kuala Lumpur POD CMD CMD SUHAKAM CMD LITD ANNUAL REPORT 2019 235 A P P E N D X I I I No.

Date Activity Venue Division/ Unit/ Branch 226.

22 August 227.

25 August Meeting With Pulau Pinang Fishermen’s Association (PEN MUTIARA) Pulau Pinang CMD Briefing on Human Rights and SUHAKAM’s Exhibition in conjunction with Taman Subang Mas Residents, Subang Jaya Subang Jaya, Selangor POD 228.
25 August Visit to Kampung Orang Asli Kuala Koh 229.

26 August Watching Brief: Bullying in School Kelantan CMD Kuala Lumpur LITD 230.

26 August Training and visit to Kampung Sri Maimunah Kuching, Sarawak SARAWAK CMD 231.

26 August Case visit to Gerik IPD 26 August Visit to Kampung Orang Asli Sungai Papan 232.

27 August Watching Brief: Contempt Proceedings Against Attorney General (Shah Alam High Court) 233.

27 August Visit to Puncak Borneo Prison 234.

28 August Visit to Henry Gurney School 235.


28 August Meeting and Discussion with Rajah Charles Brooke Memorial (RCBM) Hospital Gerik, Perak Gerik, Perak Shah Alam, Selangor CMD CMD LITD Kuching, Sarawak Kuching, Sarawak Kuching, Sarawak SARAWAK CMD CMD SARAWAK CMD 236.

28 August Visit to Alternative Learning Centre (ALC) Lahad Datu, Sabah SABAH 237.

29 August 238.

29 August Visit to Semuja Immigration Detention Centre Meeting and discussion with Sentosa Hospital 239.
30 August Visit to CCRC Kuching 240.

3 September 241.

4-5 September SUHAKAM Exhibition in conjunction with National Forum on Forced Labour and Human Rights Workshop on Prison Reform at Malaysian Prisons Department Headquarters Serian, Sarawak Kuching, Sarawak Kuching, Sarawak Kuala Lumpur Kajang, Selangor SARAWAK CMD SARAWAK SARAWAK CMD POD CMD 236 SUHAKAM No.

Date Activity Venue 242.

10-12 September Mobile Service Centre Roadshow 243.

12 September 244.

14-15 September 245.


16 September Commemoration of SUHAKAM’s 20th Anniversary SUHAKAM Exhibition in conjunction with National Celebration of Indigenous Peoples Meeting with family members of POCA detainees 246.

17 September Case visit to Kuantan IPD 247.


17 September SUHAKAM Stakeholders Consultation on Proposed Withdrawal of Amendments to the Employment Act 1955 concerning Jobseekers Discrimination Keningau, Sabah Kuala Lumpur Tapah, Perak Kuantan, Pahang Kuantan, Pahang Kuala Lumpur 248.

18 September Case visit to Tengku Ampun Afzan Hospital Kuantan, Pahang 249.
18 September Interview of PPUKM’s Pathology Consultant with regard to Thomas Orhions Ewansiha’s death Cheras, Kuala Lumpur Division/ Unit/ Branch SABAH SUHAKAM POD CMD CMD LITD CMD CMD 250.

18-20 September Workshop on Human Rights Best Practices (HRBP) in Schools Programme and “Training of Trainers” (ToT) Human Rights Module post UPSR and PT3 in Sarawak 251.

19 September Case visit to Sg.

Buloh Prison 252.

19 September Case visit to Ampang Jaya IPD 253.


25 September Youth4Rights Talk at INTI College 254.

2 October Stakeholders Consultation on Alternative Punishment and Interim Measures for ToTal Abolition of Death Penalty in Malaysia 255.

2 October Case visit to Sg.

Buloh Hospital 256.


3 October Meeting with NGOs due to complaints received from Pulau Pinang Fishermen’s Association Kuching, Sarawak SARAWAK Sungai Buloh, Selangor Ampang Jaya, Selangor Nilai, Negeri Sembilan Kuala Lumpur CMD CMD POD LITD Sungai Buloh, Selangor CMD Pulau Pinang CMD ANNUAL REPORT 2019 237 A P P E N D X I I I No.

Date Activity Venue Division/ Unit/ Branch 257.

3 October Record Statements on the Disappearance of Joshua Hilmy and Ruth Hilmy Pulau Pinang CMD 258.
8 October Monitoring of Public Assembly on World Habitat Day Kuala Lumpur 259.

10 October Meeting with Management of FELDA Wilayah Mempaga on SUHAKAM Bersama Masyarakat Programme Bentong, Pahang 260.

10 October ILO Training on Forced Labour for SUHAKAM Staff Kuala Lumpur 261.

10 October 262.

14 October Record statements of relevant officers and staff from Semenyih Immigration Depot with regard to Mohammad Jakaria’s death Case visit to Ampang Jaya IPD with regard to POCA detainees 263.
14 October Meeting with the Ministry of Foreign Affairs on UPR Matters 264.

14-15 October Visit to Tawau Prison Semenyih, Selangor Ampang Jaya, Selangor Kuala Lumpur Tawau, Sabah CMD POD LITD CMD CMD ICD CMD 265.

17-18 October SUHAKAM Exhibition in conjunction with UNIMAS Research Open Day SARAWAK Kota Samarahan, Sarawak 266.

18 October ILO Direct Contact Mission C19 267.

18 October 268.
18 October 268.

19 October Asylum Access Refugee Children & Alternative to Detention (ATD) Briefing SUHAKAM Exhibition in conjunction with ‘Wanita Anti Jenayah 3.0’ Programme Kuala Lumpur Kuala Lumpur Pantai Dalam, Kuala Lumpur LITD LITD POD 269.

21 October 270.

26 October Human Rights Literacy Programme for Sarawak Islamic Religion Department Officers Human Rights Lecture at SMK Balai Ringin 271.
31 October Case visit to Kajang Hospital Kuching, Sarawak POD SARAWAK Serian, Sarawak Kajang, Selangor SARAWAK CMD 238 SUHAKAM No.

Date Activity Venue 272.

30-31 October UPR Info Regional Workshop on Human Rights Monitoring for the UPR Kuala Lumpur Division/ Unit/ Branch ICD 273.

4 November Case visit to Kluang Hospital Kluang, Johor CMD 274.

4-6 November 275.
4-6 November 275.

5 November Human Rights Training Workshop for the Ketua Bahagian Siasatan Jenayah Daerah (KBSJD) (Eastern Zone) Kuala Terengganu, Terengganu Meeting with Lawyer with regard to “Tahanan Limpah Sultan”(“At the Pleasure of the Sultan”) Kuala Lumpur 276.

5 November Record statements at Simpang Renggam Prison 277.

6 November Case visit to KLIA’s detention Room with regard to the detention of Cambodians Simpang Renggam, Johor Sepang, Selangor ETD CMD CMD CMD 278.
6 November Business and Human Rights Dialogue: Towards a Malaysian National Action Plan Lesson Learnt from Belgium and the Netherlands Hotel Istana, Kuala Lumpur ESCRD 279.

7 November Case visit to Taiping Prison Taiping, Perak 280.

8 November Meeting with Syiah Community with regard to Complaints Received Pendang, Kedah 281.

8 November Case visit to Kangar IPD 282.

15 November 283.
15 November 283.

20 November Children’s Commissioner Stakeholder Consultation with CSO’s Human Rights Programme in Johor Education Department Kangar, Perlis Kuala Lumpur Johor 284.

19-20 November 2019 Forensic Seminar: Enhancing Healthcare in Detention Centres Kuala Lumpur CMD CMD CMD OCC ETD CMD 285.

21 November Roundtable Discussion on Social Wellbeing: Social Issues concerning- Muslim and Non Muslim LGBT Persons in Malaysia Kuala Lumpur ESCRD 286.
22 November Visit to The Ramakrishna Ashrama Pulau Pinang Pulau Pinang CMD ANNUAL REPORT 2019 239 No.

Date Activity Venue Division/ Unit/ Branch 287.

22 November Meeting with Refugee NGO at Pulau Pinang, Special Officer to Prof. Dr. P. Ramasamy Palanisamy and Chief Minister of Pulau Pinang, YB Chow Kon Yeow Pulau Pinang CMD A P P E N D X I I I 288.

25 November Amnesty International Meeting with SUHAKAM on IPCMC Bill Kuala Lumpur 289.

25 November UPR Consultation with the Sarawak State Government 290.
26 November UPR Consultation with the Sabah State Government 291.

26 November SUHAKAM Roundtable Discussions on Chain Remand and Lock-up Rules 292.

27 November Case visit to Ipoh IPD 293.

27 November Case visit to Pusat Tahfiz Al-Barakah 294.

27-28 November Watching Brief: Inquest into the Death of J. Soosaimanickam at Ipoh Sessions Court LITD ICD SARAWAK ICD SABAH LITD CMD CMD CMD Kuching, Sarawak Kota Kinabalu, Sabah Kuala Lumpur Ipoh, Perak Ipoh, Perak Ipoh, Perak LITD 295.
28 November Case visit to Gerik Police Station Gerik, Perak 296.

28 November Case visit to SMK Chemomoi 297.

28 November Case visit to Bentong IPD 298.

9 December Awareness Programme on Women’s Rights 299.

10 December 2019 International Human Rights Day Celebration 300.

10 December 301.

11 December 302.
11 December 302.

12 December Press Conference on 2019 International Human Rights Day Celebration Briefing for State Secretary of Sabah on Legal Basis of Human Rights and Core International Human Rights Treaties Briefing Session for Sabah State Government Officials on the Legal Foundation of Human Rights and the UPR Process Bentong, Pahang Bentong, Pahang Alor Setar, Kedah Kuala Lumpur Kuala Lumpur Kota Kinabalu, Sabah Kota Kinabalu, Sabah CMD CMD CMD POD SUHAKAM MRD SABAH ICD LITD SABAH 240 SUHAKAM No.
Date Activity Venue 303.

13 December Watching Brief: Inquest into Batu Arang shooting (Shah Alam Court) Shah Alam, Selangor 304.

18 December Case visit to Petaling Jaya IPD with regard to the death of Mathan s/o Muniandy 305.

21 December Case visit to Kuala Lumpur Hospital 306.

23 December Case visit to Kuala Selangor’s NADA with regard to complaints received on water supply 307.
26 December Visit to Bentong Prison Petaling Jaya, Selangor Kuala Lumpur Kuala Selangor, Selangor Bentong, Pahang Division/ Unit/ Branch CMD CMD CMD CMD CMD ANNUAL REPORT 2019 241 A P P E N D X I I I I APPENDIX III LIST OF TALKS, MEETINGS, WORKSHOPS AND CONFERENCES – NATIONAL No.

Date 1.

3 January 2.

6 January 3.

7 January 4.

7 January 5.

6.


11 January 14 January Talks, Meetings, Workshops and Conferences Venue Representatives Meeting with Islamic Education Division, MOE on the Manual Kesedaran Sivik dan Amalan Nilai Murni (MKSANM) Kuala Lumpur •Tan Sri Razali Ismail •Datuk Lok Yim Pheng •Rafidah Yahya •Shahizad Sulaiman •Hasmah Abdul Manaf •Mr.
Jerald Joseph Closing Ceremony of the Humanitarian Lab 2.0 – Rohingya Refugees in Malaysia Discussion on the Report of the Independent Committee on Foreign Workers Management No.

2/2019 Meeting with the MACC and Salcon Engineering Bhd for Human Rights Course on “Human Rights and Anti- Corruption Seminar” Gombak, Selangor Cyberjaya, Selangor •Mr.

Jerald Joseph Kuala Lumpur •Rafidah Yahya •Shahizad Sulaiman Meeting with MFQ Asia Sdn.
Bhd Kuala Lumpur •Helmi Fendy Mohammad Idris Meeting with Datuk Seri Dr. Mujahid bin Yusof, Minister in the Prime Minister’s Department (Religion) Putrajaya •Tan Sri Razali Ismail •Prof.

Dato’ Dr. Aishah Bidin •Dato’ Mah Weng Kwai •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Datuk Lok Yim Pheng •Mr.

Jerald Joseph •Rafidah Yahya •Siti Zaihan Zulkarnain •Nur Syamimi Amran •Siti Rahayu Mohamed Noor 242 SUHAKAM No.

Date 7.
Date 7.

15 January Talks, Meetings, Workshops and Conferences Ministry of Foreign Affairs’ Universal Periodic Review (UPR) Consultation 1/2019 Venue Representatives Putrajaya •Mr.

Francis Johen Anak Adam •Mr.

Jerald Joseph •Josefina Abdullah •Mr.

Jerald Joseph •Datuk Lok Yim Pheng •Mr.

Francis Johen •Prof.

Dato’ Dr. Aishah Bidin •Dato’ Mah Weng Kwai •Datuk Godfrey Gregory Joitol •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Dr.

Cheah Swee Neo •Mr.

Jerald Joseph 8.


16 January Meeting with YB Waytha Moorthy Ponnusamy, Minister in the Prime Minister’s Department Putrajaya 9.

17 January Putrajaya Ahli Panel Jawatankuasa Pemilihan Calon Pesuruhjaya Malaysia Yang Baharu Dalam Suruhanjaya Bebas Tetap Hak Asasi Manusia, Pertubuhan Kerjasama Islam (IPHRC-OIC) Bagi Penggal 2019-2022 10.

17 January Borneo Law Conference 11.

17 January Meeting with UNHCR 12.


22 January Discussion on the Report of the Independent Committee on Foreign Workers Management No.

3/2019 Kota Kinabalu, Sabah Kuala Lumpur Putrajaya •Datuk Godfrey Gregory Joitol •Jasmih Slamat •Heflin Dino •Joshua Ericsson •Mr.

Jerald Joseph ANNUAL REPORT 2019 243 Pheng •Prof.

Dato’ Dr. Aishah Bidin •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Rafidah Yahya •Lee Pei Hsi •Siti Zaihan Zulkarnain •Chua Yen Sin •Datuk Godfrey Gregory Joitol •Mr.
Jerald Joseph •Jasmih Slamat •Heflin Dino •Mr.

Jerald Joseph •Heflin Dino No.

Date 13.

23 January Talks, Meetings, Workshops and Conferences The ACT4CAT Coalition Meeting with Solicitor- General II Venue Representatives Putrajaya •Datuk Lok Yim A P P E N D X I I I I 14.

24 January Meeting with the Director of Department of Unity, Integration National (JPNIN) Kota Kinabalu, Sabah 15.

25 January Meeting with Municipal Council Sandakan, Sabah 16.

25 January 17.
25 January 17.

28 January Meeting with Director General, Post Service Division, Public Service Department (JPA) Program Eksekutif Tertinggi Badan Berkanun Persekutuan YAB Perdana Menteri dan Ketua Setiausaha Negara Putrajaya •Datuk Lok Yim Pheng •Mohd Tan’im Tajuddin Putrajaya •Simon Karungaram 18.

28 January The ACT4CAT Coalition Meeting Kuala Lumpur •Datuk Lok Yim Pheng •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Lee Pei Hsi •Siti Zaihan Zulkarnain •Chua Yen Sin 19.

30 January 20.
30 January 20.

31 January Meeting with ILO to discuss issues related to forced labour Meeting with Ambassador Annika Ben David, Swedish Special Envoy for Human Rights Kuala Lumpur •Datuk Lok Yim Pheng Kuala Lumpur •Mr.

Jerald Joseph 244 SUHAKAM No.

Date Talks, Meetings, Workshops and Conferences 21.

31 January Discussion with Borneo Bulk Carries Sdn.

Bhd.

22.

8 February Meeting with IOM 23.

8 February Meeting with UNDP 24.

8 February 25.

12 February 26.

12 February 27.

16 February 28.


18 February Venue Representatives Shah Alam, Selangor Kuala Lumpur Bangi, Selangor •Mr.
Jerald Joseph •Kevin Jason James •Sarah Adibah Hamzah •Helmi Fendy Mohammad Idris •Lee Pei Hsi •Heflin Dino First Meeting of the Special Select Committee on Rights and Gender Equality Kuala Lumpur Meeting with Head of Department, Sabah Federal Secretary’s Office Kota Kinabalu, Sabah Discussion between Electoral Reform Committee (ERC) and NGOs Discussion between SUHAKAM and Indonesia’s Representative to the ASEAN Intergovernmental Commission on Human Rights (AICHR) Indonesia Meeting between SUHAKAM and Electoral Reform Committee (ERC) Putrajaya •Mr.
Jerald Joseph •Datuk Lok Yim Pheng Kuala Lumpur •Mr.

Jerald Joseph •Abdul Rahman Abdullah Putrajaya •Dato’ Mah Weng Kwai •Datuk Lok Yim Pheng •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Mr.

Jerald Joseph •Yustina Ishak •Simon Karunagaram •Aida Suraya Haron •Chua Yen Sin 29.

18 February Meeting with MAPO on Amendment to ATIPSOM Act Putrajaya •Sarah Adibah Hamzah •Joshua Ericsson •Mohd Tan’im bin Tajuddin ANNUAL REPORT 2019 245 A P P E N D X I I I I No.

Date 30.
Date 30.

18 February Talks, Meetings, Workshops and Conferences Media Interview with Free Malaysia Today on Yemen Symposium Venue Representatives Kuala Lumpur •Tan Sri Razali Ismail 31.

20 February Meeting with Asian Network on NHRIs (ANNI) Kuala Lumpur 32.

20 February Meeting with Mr. Eric Paulsen, Malaysia’s Representative to the ASEAN Intergovernmental Commission on Human Rights (AICHR) Kuala Lumpur 33.

21 February Management Meeting, Prime Minister’s Office Putrajaya 34.
22 February Meeting with Malaysian Care on Prison Reform Kuala Lumpur •Tan Sri Razali Ismail •Mr.

Jerald Joseph •Datuk Lok Yim Pheng •Dato’ Mah Weng Kwai •Prof.

Dato’ Dr. Aishah Bidin •Mr.

Francis Johen •Datuk Godfrey Gregory Joitol •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Tan Sri Razali Ismail •Mr.

Jerald Joseph •Datuk Lok Yim Pheng •Dato’ Mah Weng Kwai •Prof.

Dato’ Dr. Aishah Bidin •Mr.

Francis Johen •Datuk Godfrey Gregory Joitol •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Dr.
Cheah Swee Neo •Mr.

Jerald Joseph •Simon Karunagaram •Abdul Rahman Abdullah •Nur Adlin Abd.

Ghaffar 246 SUHAKAM No.

Date Talks, Meetings, Workshops and Conferences Venue Representatives 35.

22 February Meeting with JAKOA Kuala Lumpur 36.

22 February Working visit and meeting with High Commissioner of India on issues related to migrant workers in Malaysia Kuala Lumpur 37.

23 February Seminar on the Crisis in Yemen Kuala Lumpur 38.
25 February Meeting with UNICEF Kuala Lumpur •Tan Sri Razali Ismail •Mr.

Jerald Joseph •Datuk Lok Yim Pheng •Dr.

Cheah Swee Neo •Simon Karunagaram •Paremeswari S. •Helmi Fendy •Abel Athi Kumar •Joshua Ericsson •Hasmah Abdul Manaf •Azian Juliana A/P Ng Kee Choo •Datuk Lok Yim Pheng •Mr.

Jerald Joseph •Abdul Rahman Abdullah •Muhammad Faiz Abd Rahman •Kevin Jason James •Tan Sri Razali Ismail •Mr.

Jerald Joseph •Datuk Lok Yim Pheng •Dato’ Mah Weng Kwai •Prof.
Dato’ Dr. Aishah Bidin •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Dr.

Cheah Swee Neo •Mr.

Jerald Joseph •Datuk Lok Yim Pheng ANNUAL REPORT 2019 247 No.

Date 39.

25-26 February 40.

26 February Talks, Meetings, Workshops and Conferences Venue Representatives IOM Training on Screening Victims of Trafficking Kuala Lumpur Book Launch on “We too have a right to schooling: Orang Asli Women Speak Out” Kuala Lumpur •Mohd Tan’im Tajuddin •Azian Juliana Ng Kee Choo A P P E N D X I I I I 41.
26 February Media Interview with Sinar Harian on Orang Asli Kuala Lumpur •Mr.

Jerald Joseph 42.

27 February Discussion on SUHAKAM investigation into complaints from Kampung Chubadak Tambahan Residents 43.

27-28 February Women’s Regional Network Summit Kuala Lumpur Putrajaya •Datuk Lok Yim Pheng •Muhammad Faiz Abd Rahman •Paremeswari S. 44.

1-3 March 45.

4 March 46.
4 March Hepatitis C Virus (HCV) Diagnostics Advocacy Workshop George Town, Pulau Pinang •Siti Rahayu Mohamed Noor Second Meeting of the Special Select Committee on Rights and Gender Equality Kuala Lumpur •Lee Pei Hsi Meeting with Director General of Selangor Islamic Religious Department (JAIS) Shah Alam, Selangor •Datuk Lok Yim Pheng •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Rafidah Yahya •Shahizad Sulaiman •Siti Zaihan Zulkarnain •Mohd Ariff Saifullah •Datuk Godfrey Gregory Joitol •Simon Karunagaram •Chua Yen Sin •Norashikin Hamzah 47.
4 March Meeting with IOM on Human Trafficking Issues 48.

4 March Meeting of the Committee on the Remodeling Project of the Locks-up of the MACC No.

1 Kota Kinabalu, Sabah Kuala Lumpur 49.

4-5 March National Consultation on Malaysian Media Council Kuala Lumpur 248 SUHAKAM No.

Date 50.

7-10 March 51.

11 March 52.

53.

11 March 13 March 54.

14 March 55.

15-16 March 56.
18 March Talks, Meetings, Workshops and Conferences Invitation to sit on the Evaluation Panel for the Practical Programme “Training and Module Development for Orang Asli Learning Centres” in Kampung Cunex Media Interview with Astro Awani – Let’s Talk with Sharaad Kuttan – Human Rights and Islam -Process in ratifying ICERD Venue Representatives Gerik, Perak •Hasmah Abdul Manaf Kuala Lumpur •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh Meeting with the District Office of Tuaran Tuaran, Sabah Training in recording statements for SUHAKAM Sarawak Officers Kuching, Sarawak Public Launch of Electoral Reform Roundtable Report Parliament, Kuala Lumpur The Clean Energy Collaboration Panel on “Community Involvement in Energy Projects” Kuching, Sarawak Kuala Lumpur Courtesy visit and meeting with the Ambassador of Philippines to address issues related to migrant workers and refugees in Malaysia •Jasmih Slamat •Yustina Ishak •Chua Yen Sin •Mr.
Francis Johen Anak Adam •Abel Athi Kumar •Datuk Godfrey Gregory Jaitol •Mr.

Jerald Joseph •Abdul Rahman Abdullah •Jasmih Slamat •Aida Suraya Haron 57.

18 March Inter-Government Session with NGOs in Kuching regarding ATIPSOM Act Kuching, Sarawak •Sophian Osman •Alfonso Min No.

Date Talks, Meetings, Workshops and Conferences 58.

19 March Meeting with National Registration Department 59.

19 March 60.
19 March 60.

21 March Interview with Astro Awani – Let’s Talk with Sharaad Kuttan – OKU Rights in Malaysia and Human Rights in Sarawak Meeting with Integrity Unit, MOE ANNUAL REPORT 2019 249 A P P E N D X I I I I Venue Representatives Putrajaya •Datuk Lok Yim Pheng •Mr.

Jerald Joseph •Datuk Godfrey Gregory Joitol •Simon Karunagaram •Jasmih Selamat •Nur Adlin Abd.

Ghaffar •Aida Suraya Haron •Heflin Dino •Mr.


Francis Johen Anak Adam Kuala Lumpur Putrajaya •Datuk Lok Yim Pheng •Simon Karunagaram •Aida Suraya Haron •Sarah Adibah Hamzah 61.

62.

21 March 26 March Launch of KOMAS’ Racial Discrimination Report 2018 Kuala Lumpur Parliamentary Briefing: Summary of Human Rights Commitment – Universal Periodic Review (UPR) 2018 Kuala Lumpur •Mr.

Jerald Joseph •Hana Shazwin Azizan •Josefina Abdullah •Viven Rao Krishna Moorthi 63.
26 March Interview: Let’s Talk with Sharaad Kuttan Kuala Lumpur •Mr.

Jerald Joseph 64.

26-28 March Workshop on Writing Friday Sermons Shah Alam, Selangor •Mohd Ariff Saifullah 65.

27 March Meeting on proposed amendment to SUHAKAM Act 1999 (Act 597) Putrajaya •Mr.

Jerald Joseph •Prof.

Dato’ Dr. Aishah Bidin •Dato’ Mah Weng Kwai •Datuk Lok Yim Pheng •Simon Karunagaram 250 SUHAKAM No.

Date 66.

28 March 67.

28 March 68.

1 April 69.


1-5 April Talks, Meetings, Workshops and Conferences Media Interview with Astro Awani – Wang Kelian Human Trafficking Human Rights talk: “From Truth to Reconciliation: Healing Canada Indigenous perspective on reconciliation” Interview with New Straits Times – SUHAKAM’s views on lowering voting age to 18 Roundtable Discussion on Non-Discrimination 70.

2 April Seminar on Transgender: Between Human Rights and Religious Rights ILKAP, Bangi 71.

3 April 72.
3 April 72.

3 April Media Interview with BFM Evening Edition – SUHAKAM Report on Enforced Disappearances Meeting with the Malaysian Training Teacher Institute (IPGM) 73.

4 April International Association of Democratic Lawyers (IADL) and Confederation of Lawyers of Asia and the Pacific (COLAP) Delegation Visit Kuala Lumpur Venue Representatives Kuala Lumpur •Mr.

Jerald Joseph Kuala Lumpur •Mr.

Jerald Joseph •Hasmah Abdul Manaf Kuala Lumpur •Mr.

Jerald Joseph Kota Kinabalu and Sandakan, Sabah •Mr.
Jerald Joseph •Datuk Godfrey Gregory •Abel Athi Kumar •Prof.

Dato’ Dr. Aishah Bidin •Siti Rahayu Mohamed Noor Kuala Lumpur •Dato’ Mah Weng Kwai Putrajaya •Datuk Lok Yim Pheng •Rafidah Yahya •Hasmah Abdul Manaf •Muhammad Syafiq Ikhwan Ghazali •Tan Sri Razali Ismail •Aisya Abdul Rahman No.

74.

Date 4 April 75.

5 April 76.


5 April Talks, Meetings, Workshops and Conferences Media Interview with Astro Awani – Let’s Talk with Sharaad Kuttan – Findings of Public Inquiry into the Disappearances of Pastor Raymond Koh and Amri Che Mat Media Interview with Astro Awani – Let’s Talk with Sharaad Kuttan – SUHAKAM Resistance to Human Rights Discourse Meeting with BHEUU on National Workshop on Business and Human Rights 77.
8 April Asia Europe Institute (University of Malaya) Exhibition and Forum on Modern Direct Democracy 78.

8 April Meeting with IOM ANNUAL REPORT 2019 251 Venue Representatives Kuala Lumpur •Dato’ Mah Weng Kwai A P P E N D X I I I I Kuala Lumpur •Mr.

Jerald Joseph Putrajaya Kuala Lumpur Kuala Lumpur •Prof.

Dato’ Dr. Aishah Bidin •Dr.


Cheah Swee Neo •Aisya Abdul Rahman •Siti Rahayu Mohamed Noor •Chua Yen Sin •Siti Rahayu Mohamed Noor •Helmi Fendy Mohammad Idris •Sarah Adibah Hamzah •Datuk Lok Yim Pheng •Mr.

Francis Johen 79.

8 April ILO Worker’s Rights Seminar Kuching, Sarawak 80.

8-12 April 81.

82.

9 April 9 April Study visit by Bangsamoro Human Rights Committee and Regional Human Rights Commission Kuala Lumpur •Mr.
Jerald Joseph Media Interview with BFM – How to Talk Treaties Kuala Lumpur Media Interview with Bernama Today – Know Your Rights Kuala Lumpur •Dato’ Mah Weng Kwai •Dato’ Mah Weng Kwai 252 SUHAKAM No.

83.

Date 9 April Talks, Meetings, Workshops and Conferences Venue Representatives Seminar on Understanding the Rome Statute System and the International Criminal Court Kuala Lumpur •Dato’ Mah Weng Kwai •Prof.

Dato’ Dr. Aishah Hj.

Bidin •Dr.

Cheah Swee Neo •Nur Adlin Abd.

Ghaffar 84.

10 April 85.


10 April 2019 State of World Population Report : “Unfinished Business : The Pursuit of Rights & Choices for All” Launch of Amnesty International’s Global Report on Death Sentences and Executions 2018 86.

11 April Talk on Human Rights and International Treaties 87.

11-12 April 88.

12 April 89.


12 April Coalition for the International Criminal Court (CICC) Asia-Pacific Regional Strategy Meeting Meeting with YB Prof. Dr. Ramasamy Palanisamy, Pulau Pinang Deputy Chief Minister, on the Draft Code of Conduct for the Promotion of Equal Opportunities Through the Elimination of Racial Discrimination Meeting with YAB Prime Minister, Tun Dr. Mahathir Mohamad Kuala Lumpur •Dr.
Cheah Swee Neo Petaling Jaya, Selangor Bukit Beruang, Melaka Kuala Lumpur Pulau Pinang •Chua Yen Sin •Josefina Abdullah •Viven Rao Krishna Moorthi •Joshua Ericsson •Tan Sri Razali Ismail •Aisya Abdul Rahman •Mr.

Jerald Joseph •Helmi Fendy Mohammad Idris Putrajaya •Tan Sri Razali Ismail •Mr.

Jerald Joseph •Datuk Lok Yim Pheng •Dato’ Mah Weng Kwai •Prof.

Dato’ Dr. Aishah Bidin •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh No.

Date 90.

12 April 91.

13 April 92.

14 April 93.

15 April 94.


15 April 95.

18 April 96.

19 April 97.

19 April 98.

20 April Talks, Meetings, Workshops and Conferences Launch of Women’s Aid Organisation (WAO) Report titled “Where’s the Child?
The Rights of Child Domestic Violence Survivors” Regional Consultation on Creating Common Platform for Expediting International Justice Mechanism for Rohingya victims of Genocide Talk on SUHAKAM’s Role and Functions in the Protection and Promotion of Children’s Rights in Malaysia Meeting with PERPADUAN and Australian Human Rights Commission on National Harmony Commission Bill Women Development Department (JPW) Stakeholders Engagement Meeting on Sexual Harassment Bill Roundtable Discussion on Law Reform to the Aboriginal Peoples Act 1954 Roundtable Dialogue Series on Accessibility, Protection and Care, and the Empowerment of Children in Malaysia Media Interview with Astro Awani – Let’s Talk with Sharaad Kuttan – Challenges in Teaching Human Rights Media Interview with The Malaysian Insight – Missing activists report made public to provoke reaction ANNUAL REPORT 2019 253 Venue Representatives •Joshua Ericsson Kelana Jaya, Selangor Kuala Lumpur •Mr.
Jerald Joseph A P P E N D X I I I I Kuala Lumpur •Dr.

Cheah Swee Neo Putrajaya •Aisya Abdul Rahman •Sarah Adibah Hamzah Putrajaya •Aisya Abdul Rahman •Chua Yen Sin Petaling Jaya, Selangor Petaling Jaya, Selangor •Joshua Ericsson •Hasmah Abdul Manaf Kuala Lumpur •Datuk Lok Yim Pheng Kuala Lumpur •Tan Sri Razali Ismail 254 SUHAKAM No.

Date Talks, Meetings, Workshops and Conferences Venue Representatives 99.

22 April National Convention on Orang Asli 2019 Putrajaya •Mr.

Jerald Joseph •Mr.
Jerald Joseph •Mr.

Francis Johen •Datuk Lok Yim Pheng •Aisya Abdul Rahman •Aida Suraya Haron •Abel Athi Kumar 100.

23 April Meeting with Anti- Trafficking In Persons and Anti-Smuggling of Migrants Council (MAPO) 101.

24 April 102.

25 April 103.


25 April Meeting with National Anti-Drugs Agency Speaker for MYCorps South East Asia 2019 Programme Meeting with YB Prof. Dr. Ramasamy Palanisamy, Pulau Pinang Deputy Chief Minister, on the Draft Code of Conduct for the Promotion of Equal Opportunities Through the Elimination of Racial Discrimination Putrajaya •Datuk Lok Yim Pheng •Sarah Adibah Hamzah •Mohd Tan’im bin Tajuddin Selangor •Datuk Lok Yim Perak Penang Pheng •Mr.

Jerald Joseph •Mr.
Jerald Joseph •Mr.

Jerald Joseph •Helmi Fendy Mohammad Idris •Aisya Abdul Rahman 104.

26 April Meeting with UNHCR Kuala Lumpur •Kevin Jason s/o James 105.

27 April 106.

27 April 107.


30 April Programme “Jom Jelajah Kampung Mukim Hulu Bernam Utara” Kuala Kubu Bharu, Selangor •Ahmad Zaidi bin Baharuddin Meeting with Residents Committee of Taman Kayu Ara 1 & Developer Programme “Theory to Practice: P/CVE (Prevention/Countering Violent Extremism) in Malaysia” Kayu Ara, Selangor •Muhammad Faiz Abd Rahman Kuala Lumpur •Abdul Rahman Abdullah ANNUAL REPORT 2019 255 No.

Date 108.

30 April 109.

30 April 110.


2 May Talks, Meetings, Workshops and Conferences KPWKM Consultation Meeting on Periodic Report to the Convention on the Rights of the Child (CRC) Committee Meeting with UNICEF on new SUHAKAM-UNICEF MoU and support for the new Children’s Commissioner Healthcare for All: Trans- inclusive Healthcare Seminar Venue Representatives Putrajaya •Nur Syamimi Amran Putrajaya •Dr.
Cheah Swee Neo •Aisya Abdul Rahman •Joshua Ericsson Kuala Lumpur •Abel Athi Kumar A P P E N D X I I I I 111.

3 May Meeting with BHEUU Putrajaya 112.

3 May Meeting with UNICEF 113.

3 May 114.

3 May 115.

3 May Workshop to Discuss the Findings of the “Background Studies for the Development of National Action Plans on Forced Labour and Child Labour” JPW Workshop on Sexual Harassment Bill Meeting with BHEUU on Amendments to SUHAKAM Act and NHRAP Kota Kinabalu, Sabah Kuala Lumpur •Dr.
Cheah Swee Neo •Heflin Dino •Helmy Fendy Mohammad Idris •Sarah Adibah Hamzah Putrajaya •Chua Yen Sin Putrajaya •Dr.

Cheah Swee Neo •Mohamad Azizi Azmi •Helmy Fendy Mohammad Idris •Joshua Ericsson 116.

3 May International Labour Organisation (ILO) Workshop on Forced and Child Labour Kuala Lumpur •Sarah Adibah Hamzah 256 SUHAKAM No.

Date 117.

7 May 118.


8 May Talks, Meetings, Workshops and Conferences Venue Representatives Alternatives to Detention for Children (ATD) Advocacy Strategy Meeting Pakatan Harapan and the Reform Agenda: One Year on Joint Press Conference Kuala Lumpur Petaling Jaya, Selangor •Joshua Ericsson •Lee Pei Hsi •Norashikin Hamzah •Josefina Abdullah 119.

8 May Human Rights talk: “Correction: Collaboration on Paralegal Training for Orang Asli Group in Perak” Gerik, Perak •Hasmah Abdul Manaf 120.
9 May The ACT4CAT Coalition Meeting Kuala Lumpur 121.

10 May Meeting with BHEUU Putrajaya •Aisya Abdul Rahman •Lee Pei Hsi •Siti Zaihan Zulkarnain •Dr.

Cheah Swee Neo 122.

10 May 123.

10 May 124.

13 May 125.

14 May 126.
15 May Tuba Island Community Enhancement Programme (CEP) Meeting External Evaluation Meeting on International Detention Coalition (IDC) Project on Ending Child Immigration Detention PERPADUAN Technical Meeting on Harmony Commission Bill Human Resource Ministry’s Stakeholder Engagement on Proposed Amendments to the Industrial Relations Act and Trade Unions Act Meeting with ASEAN Parliamentarians for Human Rights (APHR) Putrajaya •Jesrina Kaur Grewal Kuala Lumpur •Joshua Ericsson Putrajaya •Sarah Adibah Hamzah Putrajaya •Sarah Adibah Hamzah Kuala Lumpur •Dr.
Cheah Swee Neo ANNUAL REPORT 2019 257 No.

Date 127.

16 May Talks, Meetings, Workshops and Conferences Stakeholder Discussion with YB Datuk Liew Vui Keong, Minister in the Prime Minister’s Department, on the Proposed Abolition of the Mandatory Death Penalty Venue Representatives Putrajaya •Jesrina Kaur Grewal •Aisya Abdul Rahman A P P E N D X I I I I 128.

17 May Meeting with the Prisons Department regarding Prison Reform Kajang, Selangor 129.

23 May Meeting with BHEUU Putrajaya 130.


23 May Meeting with the IO Foundation Kuala Lumpur 131.

23 May Meeting with PERPADUAN on the National Harmony Commission Bill Kuala Lumpur 132.

23 May Meeting with the Director of PERKESO Sabah 133.

23 May Media Interview with Astro Awani – Let’s Talk with Sharaad Kuttan – Understanding human rights – Is the law sufficient?

Kota Kinabalu, Sabah Kuala Lumpur •Dr.


Cheah Swee Neo •Simon Karunagaram •Abdul Rahman Abdullah •Muhammad Faiz Abd Rahman •Aida Suraya Haron •Siti Rahayu Mohamed Noor •Dr.

Cheah Swee Neo •Dr.

Cheah Swee Neo •Helmy Fendy •Siti Rahayu •Paremeswari S. •Jesrina Kaur Grewal •Sarah Adibah Hamzah •Abel Athi Kumar •Jasmih Slamat •Prof.

Dato’ Dr. Aishah Bidin 258 SUHAKAM No.

Date Talks, Meetings, Workshops and Conferences Venue Representatives 134.
24 May Management Meeting, Prime Minister’s Office Putrajaya •Dr.

Cheah Swee Neo 135.

27 May 136.

137.

27 May 27 May 138.

28 May 139.

28 May Introduction to Business and Human Rights in TECH Petaling Jaya, Selangor •Helmi Fendy Mohammad Idris Meeting on school caning Putrajaya •Chua Yen Sin Meeting with ASEAN Parliamentarians for Human Rights Meeting with Mr Alex Douglas, Centre for Humanitarian Dialogue Discussion with BHEUU on the appointment of SUHAKAM Members Kuala Lumpur •Dr.
Cheah Swee Neo Kota Kinabalu, Sabah Kuala Lumpur •Jasmih Slamat •Heflin Dino •Dr.

Cheah Swee Neo 140.

30 May Roundtable Discussion on the IPCMC Bill Kuala Lumpur 141.

14 June 142.

17 June Discussions on Proposed Amendments to ATIPSOM Act “Business Transparency and Accountability In Supply Chains” Putrajaya Talking Drugs, Death Penalty & Human Rights Forum Kuala Lumpur 143.

17 June Coordination Meeting on National High Level Dialogue Putrajaya •Dr.
Cheah Swee Neo •Aisya Abdul Rahman •Paremeswari S. •Sarah Adibah Hamzah •Jesrina Kaur Grewal •Siti Rahayu Mohamed Noor •Chua Yen Sin •Nur Syamimi Amran •Simon Karunagaram •Aida Suraya Haron •Dr.

Cheah Swee Neo •Jesrina Kaur Grewal •Helmy Fendy Mohammad Idris ANNUAL REPORT 2019 259 No.

Date Talks, Meetings, Workshops and Conferences Venue Representatives 144.
19 June Follow up Meeting Regarding Prison Reform Kajang, Selangor •Simon Karunagaram •Aida Suraya Haron A P P E N D X I I I I Intellectual Discourse – “Nasib Orang Asli: Sampai Bila Akan Terpinggir” Serdang, Selangor •Hasmah Abdul Manaf 145.

19 June 146.

21 June 147.

21-23 June 148.

25 June 149.

25 June Meeting of the Committee on Universal Design and Built Environment Committee under the National Council for Persons with Disabilities No.
1 Invitation to sit on the Evaluation Panel for the Practical Programme “Training and Module Development for Orang Asli Learning Centres” Interagency Meeting with Minister in the Prime Minister’s Department, YB Datuk Liew Vui Keong on Law Reforms 2019 Dialogue Session YAB Deputy Prime Minister with People with Disabilities’ Non-Government Organisations Putrajaya •Dr.
Cheah Swee Neo •Rafidah Yahya •Lee Pei Hsi •Mohd Ariff Saifullah Abd Rahman Kuala Lipis, Pahang •Hasmah Abdul Manaf Putrajaya •Aisya Abdul Rahman Putrajaya •Rafidah Yahya •Siti Rahayu Mohamed Noor •Nur Syamimi Amran •Mohd Ariff Saifullah Abd Rahman •Dr.

Cheah Swee Neo •Simon Karunagaram 150.

26 June Meeting with civil society to discuss the Trafficking in Persons Report Kuala Lumpur 151.

28 June Prison and Addiction Conference Alor Setar, Kedah •Simon Karunagaram 260 SUHAKAM No.

Date 152.

28 June 153.


1-3 July 154.

2 July 155.

3 July 156.

5 July 157.

9 July 158.

9 July 159.

9 July Talks, Meetings, Workshops and Conferences Venue Representatives Meeting with International Republican Institute Kuala Lumpur Seminar on Underage Marriage by Sabah Ministry of Law and Natives Affairs Kota Kinabalu Third Meeting of the Special Select Committee on Rights and Gender Equality Kuala Lumpur •Dr.
Cheah Swee Neo •Viven Rao Krishna Moorthi •Joshua Ericsson •Heflin Dino •Lee Pei Hsi Interview with Bernama Today – Human Rights 101 Kuala Lumpur •Mr.

Jerald Joseph Kuala Lumpur APHR - International Center for Not-For Profit Law (ICNL) and SUHAKAM Roundtable Discussion with MPs on “Freedom of Expression, Hate Speech and Internet Regulation in Malaysia” •Tan Sri Othman Hashim •Dato’ Mah Weng Kwai •Dr.
Cheah Swee Neo •Aisya Abdul Rahman •Joshua Ericsson •Sarah Adibah Hamzah Putrajaya •Datuk Lok Yim Pheng Putrajaya •Jesrina Kaur Grewal •Josefina Abdullah Kuala Lumpur •Joshua Ericsson •Sarah Adibah Hamzah Meeting with Anti- Trafficking In Persons and Anti-Smuggling of Migrants Council (MAPO) Ministry of Foreign Affairs’ Universal Periodic Review (UPR) Consultation 2/2019 Malaysian Timber Certification Council’s (MTCC) Regional Consultation on Enquiry Draft of the Malaysian Criteria and Indicators for Forest Management Certification ANNUAL REPORT 2019 261 A P P E N D X I I I I •Abdul Rahman Abdullah •Aida Suraya Haron •Dr.
Cheah Swee Neo •Mohamad Azizi Azmi Talks, Meetings, Workshops and Conferences Venue Representatives No.

Date 160.

11 July 161.

12 July 162.

14-25 July 163.


15 July Meeting with Prisons Department regarding Prison Reform Kajang, Selangor Putrajaya Meeting on Monitoring Recommendation Status from Institutional Reforms Committee (IRC) Sustainable Rural Development Course for SIDS and ASIAN Countries Meeting with the Special Rapporteur on the Situation of Human Rights in Myanmar, Ms. Yanghee Lee Kuala Lumpur •Dr.
Madeline Berma Kuala Lumpur •Tan Sri Othman Hashim •Datuk Lok Yim Pheng •Simon Karunagaram •Jesrina Kaur Grewal •Rafidah Yahya •Hana Shazwin Azizan •Lee Pei Hsi •Aisya Abdul Rahman •Siti Rahayu Mohamed Noor •Norashikin Hamzah •Josefina Abdullah •Viven Rao Krishna Moorthi 164.

15 July Meeting with Minister in the Prime Minister’s Department (Law) Datuk Liew Vui Keong Putrajaya •Tan Sri Othman Hashim 165.
16 July KPWKM MPs Briefing on Sexual Harassment Bill Kuala Lumpur •Jesrina Kaur Grewal •Aisya Abdul Rahman •Chua Yen Sin 262 SUHAKAM No.

Date 166.

16 July 167.

19 July 168.

17 July Talks, Meetings, Workshops and Conferences Forum on “Wacana Mengorak Visi PDRM: IPCMC Sebagai Pengukur Integriti Institusi Polis” Media Interview with Sin Chew – Customary Land Rights Meeting with AMFORI on Business and Human Rights Venue Representatives Kuala Lumpur •Dato’ Mah Weng Kwai Kuala Lumpur •Mr.
Jerald Joseph Kuala Lumpur •Datuk Godfrey Gregory Joitol •Datuk Lok Yim Pheng •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Dr.

Cheah Swee Neo 169.

17 July Courtesy visit to Dato’ Nadzirah Osman, Deputy Secretary General, MOFA Putrajaya •Tan Sri Othman Hashim 170.

18 July BFM Interview Recording 171.

19 July 172.

23 July 173.


23 July Dialogue with Sahabat Alam Malaysia and Sarawak Indigenous Representatives Conference on Countering Hate Speech and Intolerance in Malaysia: Implementing the Rabat Plan of Action and UN Resolution Courtesy visit by Representative of UNCHR in Malaysia, Mr. Thomas Albrecht 174.

25 July Meeting with UNHCR 175.

25 July International Detention Coalition’s Evaluation Meeting with Stakeholders Kuala Lumpur Kuala Lumpur •Dr.

Cheah Swee Neo •Dr.
Cheah Swee Neo •Dr.

Madeeline Berma •Datuk Lok Yim Pheng Kuala Lumpur •Mr.

Jerald Joseph Kuala Lumpur •Tan Sri Othman Hashim Kuala Lumpur Kuala Lumpur •Mr.

Jerald Joseph •Joshua Ericsson 176.

26 July Meeting with Director General of BHEUU Putrajaya •Dr.

Cheah Swee Neo No.

Date 177.

26 July 178.


29 July Talks, Meetings, Workshops and Conferences Courtesy call to Datu Jaul Sameon (Acting, Sarawak State Secretary) and Dr. Jusit Jaul (Special Officer to Minister of Communication and Multimedia) Working visit to Director- General of Immigration ANNUAL REPORT 2019 263 Venue Representatives Kuching, Sarawak •Dr.

Madeline Berma A P P E N D X I I I I Putrajaya •Tan Sri Othman 179.
31 July Meeting with the Special Rapporteur on Minority Rights, Dr. Fernand de Varennes Kuala Lumpur Hashim •Datuk Lok Yim Pheng •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Mr.

Jerald Joseph •Sarah Adibah Hamzah •Mr.

Jerald Joseph •Dr.

Madeline Berma •Simon Karunagaram •Jesrina Kaur Grewal •Hana Shazwin Azizan •Aisya Abdul Rahman •Josefina Abdullah •Abel Athi Kumar 180.

1 August 181.
1 August 181.

2 August BHEUU Workshop on Reforms to Whistleblower Protection Act 2010 Tun Dr Siti Hasmah Lecture Series - HR: Reflections of the East, Perceptions of the West Putrajaya •Aisya Abdul Rahman Kuala Lumpur •Tan Sri Othman Hashim 182.

5 August Meeting with Prisons Department Regarding Prison Reform Kajang, Selangor •Simon Karunagaram •Abdul Rahman Abdullah •Aida Suraya Haron 264 SUHAKAM No.

Date 183.
Date 183.

5 August Talks, Meetings, Workshops and Conferences Discussion on Education of Politics and Democracy for Youth Under-18 with Dato’ Saifuddin Abdullah 184.

5-6 August MAPO-JHAMS National Conference on Anti- Trafficking in Persons Kuala Lumpur Venue Representatives Putrajaya •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Shahizad Sulaiman •Dr.

Cheah Swee Neo •Datuk Lok Yim Pheng •Dr.


Cheah Swee Neo •Mohd Tan’im Tajuddin •Jesrina Kaur Grewal •Paremeswari S. •Aisya Abdul Rahman •Sarah Adibah Hamzah •Ahmad Afiifi Ramli 185.

6 August Lecture on “Reflections of Malaysian PR to the UN” Kuala Lumpur •Tan Sri Othman Hashim 186.

7 August Meeting with a US Congressional Delegation Kuala Lumpur •Mr.

Jerald Joseph 187.

8 August 188.

8 August 189.

9 August 190.


9-10 August Courtesy call to Dato’ James Chan Khay Syn, Mayor of Kuching City South Council and YB Datuk Amar Haji Mohd Asfia Awang Nassar, Speaker, Sarawak State Legislative Assembly Management Meeting, Prime Minister’s Office Meeting with Director General, BHEUU World Indigenous Day Celebration, Pahang State Level 191.

13 August National Civic Education Launch Ceremony Kuching, Sarawak •Dr.

Madeline Berma Putrajaya •Dr.


Cheah Swee Neo Putrajaya •Tan Sri Othman Hashim Bera, Pahang •Azian Juliana Ng Kee Choo Putrajaya •Datuk Lok Yim Pheng •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh ANNUAL REPORT 2019 265 No.

Date Talks, Meetings, Workshops and Conferences Venue Representatives 192.

13 August Working visit to The Advocates Association of Sarawak Kuching, Sarawak •Dr.

Madeline Berma 193.
Madeline Berma 193.

13 August Meeting with Positive Malaysian Treatment Access and Advocacy Group (MTAAG+) Kuala Lumpur •Dato’ Mah Weng Kwai •Dato’ Seri Mohd Hishamudin Md Yunus •Dr.

Cheah Swee Neo 194.

13 August Discussion with Sarawak Society for the Blind (SSB) Kuching, Sarawak •Dr.

Madeline Berma A P P E N D X I I I I 195.

14 August Meeting with the Special Rapporteur on Extreme Poverty and Human Rights, Professor Philip Alston Kuala Lumpur 196.
15 August Meeting with KPWKM and BHEUU on Child Commission Putrajaya 197.

15 August UNICEF Theory of Change Workshop Kuala Lumpur •Dato’ Mah Weng Kwai •Datuk Lok Yim Pheng •Dr.

Madeline Berma •Mr.

Jerald Joseph •Datuk Godfrey Gregory Joitol •Dr.

Cheah Swee Neo •Simon Karunagaram •Lee Pei Hsi •Aisya Abdul Rahman •Josefina Abdullah •Viven Rao Krishna Moorthi •Mr.

Jerald Joseph •Dr.

Cheah Swee Neo •Chua Yen Sin •Joshua Ericsson 198.


16 August Meeting with Chief Commissioner of Malaysian Anti-Corruption Commission (MACC) Putrajaya •Datuk Lok Yim Pheng •Dato’ Mah Weng Kwai •Dato’ Seri Mohd Hishamudin Md Yunus •Datuk Godfrey Gregory Joitol •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Mr.

Jerald Joseph 266 SUHAKAM No.

Date 199.

19 August Talks, Meetings, Workshops and Conferences Venue Representatives SUHAKAM-SUARAM Public Consultation on IPCMC Bill Kuala Lumpur 200.
19 August 201.

20 August Monash University Forum on “Capacity Building for Refugees: The Way Forward” Bandar Sunway, Selangor The ACT4CAT Coalition Meeting Kuala Lumpur 202.

20 August Meeting with Transgender NGO 203.

21 August CSR and Human Rights Dialogue: Build From What Works in Malaysia 204.

21 August Courtesy visit to Tan Sri Abdul Hamid Bador, Inspector-General of Police (IGP) Kota Kinabalu, Sabah Petaling Jaya, Selangor Kuala Lumpur •Dato’ Mah Weng Kwai •Dato’ Seri Mohd Hishamudin Md Yunus •Mr.
Jerald Joseph •Dr.

Cheah Swee Neo •Aisya Abdul Rahman •Chua Yen Sin •Nur Syamimi Amran •Sarah Adibah Hamzah •Mr.

Jerald Joseph •Joshua Ericsson •Lee Pei Hsi •Chua Yen Sin •Siti Zaihan Zulkarnain •Jasmih Slamat •Heflin Dino •Dr.

Cheah Swee Neo •Ahmad Afiifi Ramli •Helmy Fendi Mohammad Idris •Tan Sri Othman Hashim •Datuk Lok Yim Pheng •Dato’ Mah Weng Kwai •Dato’ Seri Mohd Hishamudin Md Yunus •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Dr.

Madeline Berma •Mr.

Jerald Joseph •Dr.


Cheah Swee Neo •Simon Karunagaram No.

Date 205.

21 August 206.

22 August 207.

22 August 208.
22 August ANNUAL REPORT 2019 267 Talks, Meetings, Workshops and Conferences Venue Representatives Courtesy visit by EU Ambassador to Malaysia Strategic Discussion on Alternative Care for All Children in Malaysia Courtesy visit by the Australian High Commissioner to Malaysia Kuala Lumpur Kuala Lumpur Kuala Lumpur •Tan Sri Othman Hashim •Chua Yen Sin •Nur Syamimi Amran •Tan Sri Othman Hashim •Josefina Abdullah A P P E N D X I I I I Meeting with YB Liew Vui Keong, Minister in the Prime Minister’s Department Putrajaya •Tan Sri Othman Hashim •Datuk Lok Yim Pheng •Dato’ Mah Weng Kwai •Dato’ Seri Mohd Hishamudin Md Yunus •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Dr.
Madeline Berma •Mr.

Jerald Joseph 209.

23 August 210.

26 August 211.

26 August 212.

26 August 213.

26 August 214.
26 August UN Special Rapporteur on Extreme Poverty and Human Rights Preliminary Findings on Poverty in Malaysia Courtesy visit to YB Mohamed Hanipa Maidin, Deputy Minister, Prime Minister’s Department Launch of Study on Undocumented Migrant Workers Meeting with the Ministry of Human Resource (MOHR) on Encouraging Orang Asli Youth in TVET Skills Stakeholder Consultation - Wilmar’s No Exploitation Draft Protocol Briefing on Independent Police Complaints and Misconduct Commission (IPCMC) Kuala Lumpur •Dr.
Madeline Berma Putrajaya •Tan Sri Othman Hashim Kuala Lumpur •Datuk Lok Yim Pheng Putrajaya •Hasmah Abdul Manaf Kuala Lumpur •Paremeswari S. •Abel Athi Kumar Putrajaya •Dr.

Cheah Swee Neo •Jesrina Kaur Grewal 268 SUHAKAM No.

Date 215.

27 August 216.

27 August 217.

27 August 218.

27-28 August 219.

28 August 220.

28 August 221.

28 August 222.
28 August Talks, Meetings, Workshops and Conferences Venue Representatives Courtesy visit by Centre for Human Rights Research & Advocacy (CENTHRA) Kuala Lumpur Bar Council-CICC Lecture & Forum on Rome Statute of the International Criminal Court Kuala Lumpur •Tan Sri Othman Hashim •Datuk Lok Yim Pheng •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Datuk Lok Yim Pheng •Aisya Abdul Rahman Media Interview with The Malay Mail Online – SUHAKAM 20 Years Anniversary MIDAS-KAS Conference Theme: Humanitarian Assistance and Disaster Relief: Shared Responsibility Courtesy visit by Penggerak Malaysia & Majlis Rohingya Malaysia Interview with The Malaysian Insight – SUHAKAM 20 years - Under the New Chairman Meeting with Amnesty International Roundtable Discussion on Sexual Health for Tahfiz Institutions at Universiti Sains Islam Malaysia (USIM) Kuala Lumpur •Tan Sri Othman Hashim Kuala Lumpur •Ahmad Afiifi Ramli •Josefina Abdullah Kuala Lumpur •Tan Sri Othman Hashim Kuala Lumpur •Tan Sri Othman Hashim Kuala Lumpur Selangor •Dato’ Mah Weng Kwai •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Hasmah Abdul Manaf •Siti Zaihan Zulkarnain •Dato’ Mah Weng Kwai •Datuk Godfrey Gregory Joitol •Datuk Lok Yim Pheng •Dr.
Cheah Swee Neo •Sarah Adibah Hamzah 223.

3 September National Forum on Forced Labour and Human Rights 2019 Kuala Lumpur ANNUAL REPORT 2019 269 A P P E N D X I I I I No.

Date Talks, Meetings, Workshops and Conferences Venue Representatives 224.

4-5 September Workshop on Prison Reform Selangor •Dato’ Mah Weng Kwai •Datuk Lok Yim Pheng •Dr.

Madeline Berma •Dr.

Cheah Swee Neo •Simon Karunagaram 225.

5 September 226.

3 September 227.

5 September 228.

5 September 229.
11 September Malaysia Roundtable Discussion for the 12th ASEAN Forum on Migrant Labour Meeting with JAKOA Perak and Kedah on Coordinating “Programme in conjunction on Orang Asli Celebration Day 2019” Inter-agency Meeting with Datuk Liew Vui Keong, Minister at Prime Minister’s Department on Law Reforms 2019 Meeting on Amendments to SUHAKAM Act with BHEUU and Secretary of the House of Representatives, Datuk Roosme Hamzah Launching of Orang Asal/ Asli Day Celebration, National Level 2019 Kuala Lumpur •Datuk Lok Yim Pheng Tapah, Perak •Hasmah Abdul Manaf Putrajaya •Jesrina Kaur Grewal •Joshua Ericsson Kuala Lumpur •Dato’ Mah Weng Kwai •Dr.
Cheah Swee Neo •Jesrina Kaur Grewal •Joshua Ericsson Tapah, Perak •Siti Zaihan Zulkarnain •Hasmah Abdul Manaf •Syairin Adirah Abd.

Rahman •Mariani Che Hussin 230.

11-12 September 231.

12 September Smart Integrity Course at INTAN Southern Regional Campus (IKWAS) Interview with Astro Awani – Let’s Talk with Sharaad Kuttan – SUHAKAM 20 years Anniversary Kluang, Johor •Ahmad Zaidi Baharuddin Kuala Lumpur •Mr.

Jerald Joseph 270 SUHAKAM No.


Date Talks, Meetings, Workshops and Conferences Venue Representatives 232.

16 September Media Interview with Bernama TV – Hari Malaysia Kuala Lumpur •Dr.

Madeline Berma Kuala Lumpur •Mr.

Jerald Joseph Kuala Lumpur •Mr.

Jerald Joseph 233.

17 September 234.

17 September 235.
17 September Media Interview with Channel News Asia – Documentary on Rohingyas in Malaysia The Network of Malaysian Think Tanks Meeting (NMTT) on the Theme of “Rising to the Malaysia Baru Challenge: How do Think Tanks Remain Relevant and Meet the Aspirations of the People” Meeting with DCP Dato’ Nerita Yaacob, Deputy Director of Management (Training) Royal Malaysia Police Bukit Aman, Kuala Lumpur •Datuk Lok Yim Pheng •Rafidah Yahaya •Wan Norhafizah Junid •Nicole Kimberly Tan •Sukhvinder Singh •Joshua Ericsson •Chua Yen Sin •Lee Pei Hsi •Siti Zaihan Zulkarnain •Chua Yen Sin •Tan Sri Othman Hashim •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Tan Sri Othman Hashim 236.
17-18 September International Detention Coalition (IDC)-UNICEF ATD advocacy strategy meeting Kuala Lumpur 237.

18 September The Act4CAT Coalition Meeting Petaling Jaya 238.

18 September Forum on Gender Equal Citizenship for Malaysians 239.

18 September Courtesy visit by International Institute of Advanced Islamic Studies (IAIS) Malaysia Petaling Jaya, Selangor Kuala Lumpur 240.

18 September Courtesy call from New Zealand High Commission and NZ’s Chief Ombudsman Kuala Lumpur 241.
19 September FoA Roundtable Discussion organised by SUARAM and CIVICUS Kuala Lumpur •Mr.

Jerald Joseph No.

Date 242.

19 September 243.


20 September Talks, Meetings, Workshops and Conferences Public Forum on One Decade Later - A Review of the Persons with Disabilities Act 2008 Coordination Meeting on the Government’s Response to SUHAKAM Annual Reports for 2018 and 2019 ANNUAL REPORT 2019 271 Venue Representatives Kuala Lumpur •Mohd Ariff Saifullah •Nur Syamimi Amran Putrajaya •Datuk Lok Yim A P P E N D X I I I I Pheng •Mr.

Jerald Joseph •Dr.
Jerald Joseph •Dr.

Cheah Swee Neo •Rafidah Yahya •Lee Pei Hsi •Syamsul Azhar Zamani •Elza Nadiah Shaik Sulaiman 244.

20 September 245.

21 September First Meeting of the Special Committee on the Abolition of the Mandatory Death Penalty Human Rights-cum-NCR Forum in Conjunction with the Seacology Award Presentation Putrajaya •Dato’ Mah Weng Kwai Miri, Sarawak •Sophian Osman 246.

23 September Media Interview with Sinar Harian – Wacana Kuala Lumpur •Dr.

Madeline Berma 247.

23 September 248.


23 September 249.

24 September 250.

24 September Officiating of MyAgeing New Building and Panellist for Intellectual Discourse Media Interview with The Star – R.A.G.E – Sarawak Land Code and Sarawak IP Rights Courtesy visit by Italian Ambassador and Charge d’Affaires of the Embassy of Iraq IOM Training for SMEs on Forced Labour Selangor •Datuk Lok Yim Pheng Kuala Lumpur •Mr.
Jerald Joseph Kuala Lumpur Petaling Jaya, Selangor •Tan Sri Othman Hashim •Josefina Abdullah •Datuk Lok Yim Pheng •Dr.

Cheah Swee Neo •Sarah Adibah Hamzah •Helmy Fendy Mohammad Idris 272 SUHAKAM No.

Date 251.

24 September 252.

24 September 253.

24-25 September 254.


25 September Talks, Meetings, Workshops and Conferences Courtesy visit by the Ambassador of the Embassy of Italy in Malaysia Courtesy visit by the Charge d’ Affairs of the Embassy of the Republic of Iraq in Malaysia 10 Years Celebration of Excellence - National Native Pedagogy Colloquium at Teacher Training Institute of Tengku Ampuan Afzan.

Refugee Law and Policy Stakeholder Meeting 255.


25 September SUHAKAM Youth4Rights Talk at INTI College Venue Representatives Kuala Lumpur •Tan Sri Othman Hashim Kuala Lumpur •Tan Sri Othman Hashim •Josefina Abdullah Kuala Lipis, Pahang •Hasmah Abdul Manaf Brickfields, Kuala Lumpur Nilai, Negeri Sembilan •Joshua Ericsson •Ahmad Afiifi Ramli •Joshua Ericsson •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Joshua Ericsson 256.

25 September National Media Forum Selangor 257.


26 September LexisNexis Rule of Law Café Roundtable Discussion on “Now/Here I Belong” Kuala Lumpur 258.

27 September 259.

27 September 260.

30 September 261.

30 September 262.


30 September Roundtable Discussion on Gender Studies in Occupational Therapy among Professionals in Selangor Launch of the Report on Migrant Workers’ Access to Justice: Malaysia Meeting on Adopted Children’s Religion Sarawak Investment & Business Summit “The Future of Sarawak - What Next?

What Lies Ahead?

Meeting with North South Initiative Shah Alam, Selangor •Sarah Adibah Hamzah Kuala Lumpur •Dr.

Cheah Swee Neo Putrajaya •Sarah Adibah Kuching, Sarawak Hamzah •Dr.
Madeline Berma •Alfonso Min Petaling Jaya, Selangor •Simon Karunagaram •Aida Suraya Haron ANNUAL REPORT 2019 273 A P P E N D X I I I I Venue Representatives Kuala Lumpur •Mr.

Jerald Joseph Kuala Lumpur •Mr.

Jerald Joseph •Datuk Lok Yim Pheng •Dr.

Cheah Swee Neo •Joshua Ericsson •Chua Yen Sin Putrajaya •Tan Sri Othman No.

Date 263.

30 September 264.


30 September - 3 October Talks, Meetings, Workshops and Conferences Moderating a session: CSOs’ Discussion on AICHR ToR Review MCCHR National Expert Consultations on Freedom of Assembly, Freedom of Expression, Statelessness, Civic Space and Anti-Trafficking 265.

1 October Meeting with Tan Sri Syed Danial bin Syed Ahmad, The Keeper of the Rulers’ Seal 266.

1 October World Day Against Child Labour Putrajaya 267.
2 October SUHAKAM Stakeholder Consultation on Alternative Punishment to the Death Penalty Kuala Lumpur Hashim •Dato’ Mah Weng Kwai •Dato’ Seri Mohd Hishamudin Md Yunus •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Dr.

Cheah Swee Neo •Dato’ Mah Weng Kwai •Dato’ Seri Mohd Hishamudin Md Yunus •Dr.

Cheah Swee Neo •Jesrina Kaur Grewal •Aisya Abdul Rahman •Chua Yen Sin 268.
3 October Discussion with Director of SRS Project Consortium on Complaints Received from Penang Fisherman’s Association Pulau Pinang •Mr.

Jerald Joseph •Abdul Rahman Abdullah •Muhammad Faiz Abd Rahman •Ahmad Zaidi Baharuddin 274 SUHAKAM No.

Date 269.

4 October Talks, Meetings, Workshops and Conferences Venue Representatives Coordination Meeting with Institute of Forensic Medicine (IPFN) regarding Forensic Seminar 2019 Kuala Lumpur 270.

4 October Meeting with NRD on Transgender Report Putrajaya 271.
4 October Meeting with Datuk Roosme Hamzah, Secretary of the House of Representatives Kuala Lumpur •Dr.

Cheah Swee Neo 272.

5 October Meeting with UN High Commissioner for Human Rights Kuala Lumpur •Simon Karunagaram •Abdul Rahman Abdullah •Yustina Ishak •Dato’ Seri Mohd Hishamudin Md Yunus •Dr.

Cheah Swee Neo •Siti Rahayu Mohamed Noor •Dato’ Mah Weng Kwai •Datuk Lok Yim Pheng •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Datuk Godfrey Gregory Joitol •Dr.

Madeline Berma •Mr.

Jerald Joseph •Dr.


Cheah Swee Neo •Tan Sri Othman Hashim •Mr.

Jerald Joseph •Aisya Abdul Rahman Kuala Lumpur Kuala Lumpur 273.

7 October 274.

8 October 275.


9 October Courtesy visit by Ambassador of Denmark Stakeholder Engagement with Minister at the Prime Minister’s Department, Datuk Liew Vui Keong, on National Anti-Financial Crime Centre Bill 2019 Meeting with Malaysia Alliance of Civil Society Organisations (MACSA) Putrajaya •Datuk Lok Yim Pheng •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Rafidah Yahya •Shahizad Sulaiman 276.

10 October Art Expo Malaysia Kuala Lumpur •Datuk Lok Yim Pheng No.

Date 277.

11 October 278.


11 October Talks, Meetings, Workshops and Conferences Malaysian CSO-SDG Alliance-Kingsley Strategic Institute Roundtable Discussion: “SUHAKAM 20 Years On - Fearless Defender of Human Rights or Toothless Tiger?” Courtesy call to the Office of the Chief Registrar, Federal Court of Malaysia 279.

11 October 280.

12 October 281.

12 October 282.


14 October Media Interview (Astro Awani) on 2020 Budget Shared Prosperity Inclusive Development for Malaysia 2019, Malaysia Freedom Summit Media Interview with RTM1(Pesona) – The 2020 Budget focuses on women, family and children Courtesy call to Chief Justice Malaysia, The Right Honourable Tan Sri Tengku Maimun binti Tuan Mat ANNUAL REPORT 2019 275 Venue Representatives Kuala Lumpur •Dato’ Mah Weng Kwai •Dr.
Cheah Swee Neo •Simon Karunagaram •Aisya Abdul Rahman Putrajaya •Datuk Lok Yim A P P E N D X I I I I Pheng •Rafidah Yahya •Shahizad Sulaiman •Wan Norhafizah Junid •Muhammad Syafiq Ikhwan Ghazali Kuala Lumpur Kuala Lumpur •Dr.

Madeline Berma •Dr.

Madeline Berma Kuala Lumpur •Prof.

Dato’ Noor Aziah Mohd.

Awal Putrajaya •Tan Sri Othman Hashim •Dato’ Mah Weng Kwai •Dato’ Seri Mohd Hishamudin Md Yunus •Datuk Lok Yim Pheng •Dr.

Madeline Berma •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Mr.
Jerald Joseph 276 SUHAKAM No.

Date 283.

14 October Talks, Meetings, Workshops and Conferences 11th Indigenous Land Conference (Strengthening Indigenous Rights in New Malaysia) Venue Representatives Kuala Lumpur •Azian Juliana Ng Kee Choo 284.

15 October Seminar: Research on National Unity Index Kuala Lumpur •Sarah Adibah Hamzah 285.

15 October Workshop on “Kesedaran Pelan Induk Pengupayaan ASEAN: Mengarusperdanakan Hak Asasi Orang Kurang Upaya” Kuching, Sarawak •Sophian Osman 286.
15 October UNICEF Workplan Meeting 287.

15 October 288.

16 October 289.

16 October 290.

17 October 291.
18 October International Conference on Islam Unsurrendered: Women Rising Against Extremism, organised by Sisters in Islam Meeting with BHEUU on Debate on the 2018 SUHAKAM Annual Report Environmental Conference 2019: The Art & Science of Sustainable Development Media Interview with The Edge – Politics and Policy: Human rights apply to everyone Meeting with Direct Contact Mission to Malaysia on ILO Convention 19 Kuala Lumpur Kuala Lumpur Putrajaya •Aisya Abdul Rahman •Joshua Ericsson •Datuk Lok Yim Pheng •Dr.
Cheah Swee Neo •Jesrina Kaur Grewal •Dr.

Cheah Swee Neo Negeri Sembilan •Datuk Lok Yim Pheng Kuala Lumpur •Dato’ Seri Mohd Hishamuddin Md Yunus Kuala Lumpur •Dr.

Cheah Swee Neo 292.

18 October Meeting with Mr. Eric Paulsen, Malaysia’s Representative to AICHR Kuala Lumpur •Abdul Rahman Abdullah •Aisya Abdul Rahman •Sarah Adibah Hamzah •Tan Sri Othman Hashim •Mr.

Jerald Joseph •Dr.

Cheah Swee Neo •Viven Rao Krishna Moorthi ANNUAL REPORT 2019 277 No.

Date 293.
Date 293.

18 October Talks, Meetings, Workshops and Conferences Venue Representatives Children Commissioner meets with Asylum Access on ATD for Refugee Children Kuala Lumpur •Prof.

Dato’ Noor Aziah Mohd.

Awal •Aisya Abdul Rahman •Nur Syamimi Amran A P P E N D X I I I I 294.

18 October Media Interview with Berita Harian – 20 Years of the Establishment of SUHAKAM Kuala Lumpur •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh 295.

18 October Media Interview with Ikim.


FM on Child Rights Kuala Lumpur •Prof.

Dato’ Noor Aziah Mohd.

Awal 296.

18 October The Act4CAT Coalition Meeting Petaling Jaya •Chua Yen Sin •Lee Pei Hsi •Siti Zaihan Zulkarnain 297.

18 October 298.

21 October Meeting on ATIPSOM Act Amendments Coordination Meeting on Townhall Sessions of the Special Committee on Alternative Punishment to the Mandatory Death Penalty Putrajaya •Sarah Adibah Putrajaya Hamzah •Dato’ Mah Weng Kwai •Chua Yen Sin 299.
22 October Meeting on UNHCR Workplan Kuala Lumpur •Dr.

Cheah Swee Neo •Aisya Abdul Rahman 300.

23 October UNICEF Mini Play Conference Putrajaya 2019 Putrajaya •Nur Syamimi 301.

24 October Kuala Lumpur Human Rights talk: “Death in Custody” and “Introduction to the Mandela Rules” at National Defence University of Malaysia (UPNM) Amran •Shahizad Sulaiman •Aisya Abdul Rahman •Wan Nurhafizah Junid 278 SUHAKAM No.

Date 302.

29 October 303.

30 October 304.

30-31 October 305.

30-31 October 306.


31 October Talks, Meetings, Workshops and Conferences Meeting with Bahagian Pengurusan Sekolah Harian (BPSH), MOE, on the Launch of Human Rights Module post UPSR and PT3, in conjunction with International Human Rights Day 2019 Celebration Transparency International Malaysia Forum on Whistle-blower Protection Law in OECD Countries Workshop on Orang Asli National Development Plan (PPNOA) Regional Workshop on NHRIs Roundtable on Migrant Health Care 307.
31 October Courtesy visit by Pakistan High Commissioner 308.

31 October 309.

2 November 310.

4 November Courtesy call on Dato’ Mohd Zamruni Khalid, Institute of Diplomacy and Foreign Relations and Lecture Series Human Rights talk on United Nations Declaration on the Rights of Indigenous Peoples at Ladang CARE Meeting with YBhg.

Prof.

Emeritus Dato’ Paduka Dr. Mahmood Zuhdi Hj Abd.
Majid (ex- SUHAKAM Commissioner & Chairman of UPSI) Venue Representatives Putrajaya •Datuk Lok Yim Pheng •Rafidah Yahya •Shahizad Sulaiman •Wan Norhafizah Junid •Muhammad Syafiq Ikhwan Ghazali Kuala Lumpur •Aisya Abdul Rahman Putrajaya •Hasmah Abdul Manaf Kuala Lumpur Subang Jaya, Selangor Kuala Lumpur Kuala Lumpur •Tan Sri Othman Hashim •Datuk Lok Yim Pheng •Tan Sri Othman Hashim •Tan Sri Othman Hashim Chenderiang, Perak •Hasmah Abdul Manaf Kuala Lumpur •Tan Sri Othman Hashim •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh ANNUAL REPORT 2019 279 No.
Date Talks, Meetings, Workshops and Conferences Venue Representatives 311.

4 November Meeting with Belgium Embassy Representative Kuala Lumpur 312.

5 November Meeting with Sabah Law Society on various Human Rights Issues in Sabah Kota Kinabalu, Sabah •Dr.

Cheah Swee Neo •Paremeswari S. •Siti Rahayu Mohamed Noor •Helmi Fendy Mohammad Idris •Datuk Godfrey Gregory Joitol •Jasmih Slamat •Heflin Dino 313.
6 November Meeting with International Committee of the Red Cross (ICRC) Kuala Lumpur •Tan Sri Othman Hashim A P P E N D X I I I I 314.

6 November Conference on Sustainable Development Goals (SDG SUMMIT) 2019 Kuala Lumpur •Mr Jerald Joseph •Dr.

Madeline Berma •Hana Shazwin Azizan •Aisya Abdul Rahman •Josefina Abdullah 315.

6 November 316.
6 November 316.

6-29 November Closed Stakeholder Engagement on the Establishment of Ombudsman Office Malaysia Report on National Education Policy 2019 Lab, 2nd Phase Putrajaya •Aisya Abdul Rahman Putrajaya •Rafidah Yahya •Shahizad Sulaiman •Hasmah Abdul Manaf •Helmy Fendy Mohammad Idris 317.

7 November 318.

7 November Management Meeting, Prime Minister’s Office Putrajaya Briefing on Child Act and Child Justice Putrajaya •Dr.

Cheah Swee Neo •Dr.

Cheah Swee Neo 280 SUHAKAM No.

Date 319.


7 November Talks, Meetings, Workshops and Conferences TIOF - NFDR project and National Seminar on Digital Rights, MCMC-IO Foundation Digital Rights Seminar 320.

7 November Meeting on Social Welfare: LGBT Issues in Malaysia Putrajaya 321.

8 November Meeting with Parliamentarians for Global Action (PGA) and Ensemble Contre la Peine de Mort (EPCM) on death penalty Kuala Lumpur 322.

8 November 323.
8 November 323.

8 November Death Penalty Committee Meeting Media Interview with Astro Awani – Children’s Rights 324.

10 November Public Inquiry on IPCMC 325.

11 November Special Committee on Alternative Punishment to the Death Penalty Townhall Session (KL-Selangor) Venue Representatives Cyberjaya, Selangor •Mr.

Jerald Joseph •Aisya Abdul Rahman •Helmy Fendy Mohammad Idris •Dr.

Cheah Swee Neo •Paremeswari S. •Siti Rahayu Mohamed Noor •Dr.
Cheah Swee Neo •Jesrina Kaur Grewal •Aisya Abdul Rahman •Chua Yen Sin •Dato’ Mah Weng Kwai Putrajaya Kuala Lumpur •Prof.

Dato’ Noor Aziah Mohd.

Awal Kota Kinabalu, Sabah Putrajaya •Jasmih Slamat •Dato’ Mah Weng Kwai •Dr.

Cheah Swee Neo •Jesrina Kaur Grewal •Chua Yen Sin •Nur Syamimi Amran 326.

11-15 November Workshop on National Education Policy Putrajaya •Datuk Lok Yim Pheng 327.
12 November Policy Dialogue on the Implementation of ASEAN Consensus on the Protection and Promotion of the Rights of Migrant Workers Kuala Lumpur •Datuk Lok Yim Pheng ANNUAL REPORT 2019 281 No.

Date 328.

12 November Talks, Meetings, Workshops and Conferences Seminar on Women Issues Plaguing B40 Women at United Nations University International Institute for Global Health (UNU-IIGH) Venue Representatives Kuala Lumpur •Chua Yen Sin •Nur Syamimi Amran A P P E N D X I I I I 329.
13 November Briefing on Gender Sensitivity for Members of Parliament Kuala Lumpur 330.

13-14 November 331.

14 November Special Committee on Alternative Punishment to the Death Penalty Townhall Session (Johor) Meeting with Petronas on Business and Human Rights Johor Bahru, Johor Kuala Lumpur 332.
14 November Meeting with EU delegation and Netherlands Embassy Representative Kuala Lumpur •Datuk Lok Yim Pheng •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Dato’ Mah Weng Kwai •Jesrina Kaur Grewal •Dato’ Mah Weng Kwai •Dr.

Cheah Swee Neo •Paremeswari S. •Siti Rahayu Mohamed Noor •Helmi Fendy Mohammad Idris •Abel Athi Kumar •Dr.

Cheah Swee Neo •Paremeswari S. •Siti Rahayu Mohamed Noor •Helmi Fendy Mohammad Idris 333.

18 November 334.
18 November 334.

18 November Follow-up meeting with Bahagian Pengurusan Sekolah Harian (BPSH), MOE on the Launching of Human Rights Module Post UPSR and PT3, in conjunction with the International Human Rights Day 2019 Celebration Media Interview with Astro Awani – The Basic Principles on Fighting for Children’s Rights Putrajaya •Datuk Lok Yim Pheng •Rafidah Yahya •Shahizad Sulaiman •Wan Norhafizah Junid •Muhammad Syafiq Ikhwan Ghazali Kuala Lumpur •Prof.

Dato’ Noor Aziah Mohd.

Awal 282 SUHAKAM No.


Date 335.

18 November 336.

18 November 337.

18 November 338.

21-22 November 339.

21 November Talks, Meetings, Workshops and Conferences Meeting with Hon.
Executive Director, The Inclusivity Project and also General Secretary SWADHIKAR / National Campaign on Dalit Human Rights (NCDHR) Media Interview with BFM – Stakeholders’ Consultations with Office of Children’s Commissioner Technical Engagement within Malaysia and UNICEF under Country Programme Action Plan 2016-2020: Year-End Review Meeting for Rolling Work Plan 2019-2020 Prison Reform Colloquium Venue Representatives Kuala Lumpur •Mr.

Jerald Joseph Kuala Lumpur •Prof.

Dato’ Noor Aziah Mohd.


Awal Putrajaya •Nur Syamimi Amran Kajang, Selangor Kuala Lumpur RTD on Social Wellbeing: Social Issues concerning Muslim and Non- Muslim LGBT Persons in Malaysia by Department of National Unity and Integration •Mr.

Jerald Joseph •Simon Karunagaram •Aisya Abdul Rahman •Wan Norhafizah Junid •Dato’ Seri Mohd Hishamudin Md Yunus •Datuk Lok Yim Pheng •Dr.

Cheah Swee Neo •Paremeswari S. •Siti Rahayu Mohamed Noor •Helmi Fendy Mohammad Idris •Abel Athi Kumar •Nur Syamimi Amran 340.
22 November Focus Group Discussion on the Rights of Children in Detention Bangi, Selangor •Sarah Adibah Hamzah ANNUAL REPORT 2019 283 No.

Date 341.

25 November Talks, Meetings, Workshops and Conferences CSO Stakeholder Engagement Meeting on Ombudsman Malaysia with Deputy Minister at the Prime Minister’s Department, YB Mohamed Hanipa Maidin Venue Representatives Kuala Lumpur •Mr Jerald Joseph •Aisya Abdul Rahman A P P E N D X I I I I 342.
25 November Meeting with Amnesty International Kuala Lumpur •Dato’ Seri Mohd Hishamudin Md Yunus 343.

26 November Breakfast Seminar on Business and Human Rights Kuala Lumpur •Dr.

Cheah Swee Neo 344.

27 November Meeting with Malaysia Teacher Training Institute on syllabus mapping 345.

27 November 346.

27-28 November 347.

28 November 348.

29 November 349.
2-5 December Launch of Report The Effectiveness of Laws to Prevent and Curb Sexual Harassment BHEUU-Centre for Independent Journalism (CIJ) National Consultation on Right to Information Legislation Death Penalty Committee Meeting Meeting with Faculty of Arts, Humanities and Heritage (FKSW), UMS ILO Workshop on National Action Plan for Forced Labour and Child Labour Cyberjaya •Datuk Lok Yim Pheng •Rafidah Yahya •Shahizad Sulaiman •Muhammad Syafiq Ikhwan Ghazali •Chua Yen Sin Petaling Jaya, Selangor Putrajaya •Aisya Abdul Rahman Putrajaya Kota Kinabalu, Sabah Kuala Lumpur •Dato’ Mah Weng Kwai •Jasmih Slamat •Sarah Adibah Hamzah •Helmi Fendy Mohammad Idris 284 SUHAKAM No.
Date 350.

2-5 December 351.

6 December 352.

7 December Talks, Meetings, Workshops and Conferences UNICEF’s Communication for Development (C4D) Workshop Interview by ASTRO – Human Rights Mental Health Recovery Conference 2019 353.

9 December Meeting on Death Penalty 354.

9 December Outreach Session with NGOs & CSOs on Nuclear Disarmament & Non- Proliferation Venue Representatives Putrajaya •Siti Zaihan Zulkarnain Kuala Lumpur Kuala Lumpur Putrajaya •Mr.

Jerald Joseph •Dr.
Jerald Joseph •Dr.

Cheah Swee Neo •Dato’ Mah Weng Kwai Kuala Lumpur •Tan Sri Othman Hashim 355.

9 December 356.

9 December 357.

9 December 358.

10 December 359.

10 December Media Interview with BBC - Statelessness Kuala Lumpur Media Interview with Astro Awani – Human Rights - Where is Malaysia?

Launch of SUARAM’s Annual Report Interview with Nasional FM on Human Rights Day Workshop on Development of National Data Sharing Policy Kuala Lumpur Kuala Lumpur Kuala Lumpur Kuala Lumpur •Mr.
Jerald Joseph •Mr.

Jerald Joseph •Simon Karunagaram •Tan Sri Othman Hashim •Sarah Adibah Hamzah •Helmi Fendy Mohammad Idris 360.

11 December 361.

11 December 362.

12 December Global Migration Film Festival Kuala Lumpur EU Delegation Celebrating World Human Rights Day Kuala Lumpur •Mr.
Jerald Joseph •Dato’ Mah Weng Kwai Curriculum Review Committee (JKKSK) Meeting for Transgender Courses: Between Human Rights and Religious Rights Bangi, Selangor •Paremeswari S. •Shahizad Sulaiman •Siti Rahayu Mohamed Noor 363.

12 December Meeting with Aaron Myers, ANNI Report Consultant Kuala Lumpur •Dr.

Cheah Swee Neo 364.
Cheah Swee Neo 364.

12-13 December Workshop on National Guidelines on Human Trafficking Indicators •Mohamad Azizi Azmi Putrajaya •Sarah Adibah Hamzah •Abel Athi Kumar ANNUAL REPORT 2019 285 A P P E N D X I I I I No.

Date Talks, Meetings, Workshops and Conferences Venue Representatives 365.

13 December Death Penalty Committee Meeting Putrajaya 366.

13 December 29th National Lasallian Youth Convention 2019 Perak 367.

16 December Death Penalty Committee Meeting 368.


16 December Meeting with Australian High Commission Delegation on the Universal Periodic Review (UPR) Putrajaya Kuala Lumpur 369.

16 December Meeting with Bar Council Child Rights Committee Kuala Lumpur 370.

17 December Roundtable Discussion on Hate Speech Kuala Lumpur 371.

17 December Death Penalty Committee Meeting Putrajaya •Dato’ Mah Weng Kwai •Mr.

Jerald Joseph •Dato’ Mah Weng Kwai •Dr.

Cheah Swee Neo •Hana Shazwin Azizan •Josefina Abdullah •Prof.
Dato’ Noor Aziah Mohd.

Awal •Dr.

Cheah Swee Neo •Sara Ibrahim Warda •Nur Liyana Adlin •Dato’ Mah Weng Kwai •Dato’ Seri Muhamad Hishamudin Md Yunus •Mr.

Jerald Joseph •Dr.

Cheah Swee Neo •Dato’ Mah Weng Kwai 372.

17 December UNDP Human Development Report 2019 Dialogue Kuala Lumpur •Datuk Lok Yim Pheng 373.

17 December Book Launch By His Royal Highness Sultan Nazrin Muizzuddin Shah Ibni Almarhum Sultan Azlan Muhibbuddin Shah Al- Maghfur-Lah Kuala Lumpur •Tan Sri Othman Hashim 286 SUHAKAM No.

Date 374.
Date 374.

17 December Talks, Meetings, Workshops and Conferences SUHAKAM-CCPR Centre Workshop on Hate Speech and Non- Discrimination Law Reforms 375.

18 December Side-Meeting with UN Human Rights Committee Chair, Mr. Ahmed Fathalla and representatives of MOFA, Ministry of Home Affairs, BHEUU and PERPADUAN 376.

18 December 377.

20 December 378.


20 December Workshop on South- South Cooperation in Population and Development Courtesy call by Ambassador of Japan - HE Hiroski Oka Launch of Child Rights Coalition Malaysia’s NGO CRC Report on the Status of Children in Malaysia Kuala Lumpur Kuala Lumpur Kuala Lumpur Venue Representatives Kuala Lumpur •Dato’ Mah Weng Kwai •Dato’ Seri Mohd Hishamudin Md Yunus •Mr.

Jerald Joseph •Dr.
Jerald Joseph •Dr.

Cheah Swee Neo •Jesrina Kaur Grewal •Aisya Abdul Rahman •Chua Yen Sin •Sarah Adibah Hamzah •Nur Syamimi Amran Putrajaya •Tan Sri Othman Hashim •Dato’ Mah Weng Kwai •Mr.

Jerald Joseph •Dr.

Cheah Swee Neo •Jesrina Kaur Grewal •Aisya Abdul Rahman •Shahizad Sulaiman •Chua Yen Sin •Sarah Adibah Hamzah •Datuk Lok Yim Pheng •Tan Sri Othman Hashim •Prof.

Dato’ Noor Aziah Mohd.

Awal •Sara Ibrahim Warda •Nur Liyana Adlin ANNUAL REPORT 2019 287 No.

Date 379.
Date 379.

23 December Talks, Meetings, Workshops and Conferences Courtesy visit to YAA Dato’ Dr. Hj.

Mohd.

Na’im Hj.

Mokhtar Venue Representatives Putrajaya •Tan Sri Othman A P P E N D X I I I I 380.

23 December Discussion on the Development of a National Action Plan on Business and Human Rights (NAPBHR) Putrajaya 381.

26 December Meeting with Parastoo Theatre Kuala Lumpur 382.

27 December Meeting with Children’s Unit, Department of Social Welfare Putrajaya •Prof.

Dato’ Noor 383.
Dato’ Noor 383.

30 December Meeting with Sisters in Islam Kuala Lumpur Hashim •Dato’ Mah Weng Kwai •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Dr.

Madeline Berma •Prof.

Dato’ Noor Aziah Mohd.

Awal •Dr.

Cheah Swee Neo •Jesrina Kaur Grewal •Helmi Fendy Mohammad Idris •Prof.

Dato’ Noor Aziah Mohd.

Awal •Sara Ibrahim Warda •Nur Liyana Adlin Aziah Mohd.

Awal •Dr.

Cheah Swee Neo •Sara Ibrahim Warda •Nur Liyana Adlin •Prof.

Dato’ Noor Aziah Mohd.


Awal •Sara Ibrahim Warda •Nur Liyana Adlin 288 SUHAKAM APPENDIX IV LIST OF TALKS, MEETINGS, WORKSHOPS AND CONFERENCES – INTERNATIONAL No.

Date 1.

28-30 January 2.

26 February 3.


4-7 March Talks, Meetings, Workshops and Conferences Asia Pacific Forum of NHRIs (APF) Senior Executive Officers (SEO) Network Meeting Dialogue with the Foreign Minister - Progress and Challenges of Human Rights in Malaysia 2019 Annual Meeting of the Global Alliance of NHRIs (GANHRI) Venue Representatives Doha, Qatar •Dr.

Cheah Swee Neo Geneva, Switzerland •Mr.

Jerald Joseph Geneva, Switzerland •Datuk Godfrey Gregory Joitol •Mr.
Jerald Joseph •Hana Shazwin Azizan •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Mr.

Jerald Joseph •Josefina Abdullah •Prof.

Dato’ Dr. Aishah Bidin •Helmi Fendy Mohammad Idris •Siti Rahayu Mohamed Noor 4.

9 March 5.

14-15 March Projek Amanat Negara XVI 2019 organised by United Kingdom and Eire Council for Malaysian Students Nottingham, United Kingdom UPR Plenary Session, 40th Session of the Human Rights Council (HRC) Geneva, Switzerland 6.
14-15 March 2019 UN South Asia Forum on Business and Human Rights New Delhi, India Bangkok, Thailand 7.

29 March 8.

2-3 April Side Event on “Empowering the most marginalised and ensuring inclusiveness and equality: Realising the SDGs through Human Rights” APF-OHCHR Workshop on strengthening the capacity of NHRIs In South and South-East Asia to Integrate Human Rights in Humanitarian Action Bangkok, Thailand •Josefina Abdullah •Kevin Jason s/o James ANNUAL REPORT 2019 289 A P P E N D X I I V No.

Date 9.
Date 9.

24-25 April 10.

22-26 April 11.

6-10 May 12.

30-31 May 13.

10-11 June 14.

12-13 June 15.

26-28 June 16.
17 July Talks, Meetings, Workshops and Conferences Southeast Asia NHRIs Forum (SEANF) Technical Working Group (TWG) Meeting 1/2019 18th Session of the United Nations Permanent Forum of Indigenous Issues (UNPFII) GANHRI/FES/OHCHR/ UNITAR Training Course for NHRIs on International Human Rights Mechanism Regional Preparatory Meetings for the 2019 High-Level Segment on Statelessness AICHR Interregional Dialogue: Sharing Good Practices on Business and Human Rights The Responsible Business and Human Rights Forum Regional Workshop on ASEAN Declaration of Rights of Children in the Context of Migration (Children on the Move) and UNICEF Training on Case Management United Nations High Level Political Forum Side Event on Linking Peace, Justice and Development Through Good Governance Venue Representatives Dili, Timor Leste •Hana Shazwin Azizan New York, USA Geneva, Switzerland •Hasmah Abdul Manaf •Heflin AK Dino •Azian Juliana d/o Ng Kee Choo •Chua Yen Sin Bangkok, Thailand •Joshua Ericsson Bangkok, Thailand •Helmi Fendy Mohammad Idris UNCC Bangkok, Thailand •Dr.
Cheah Swee Neo •Helmi Fendy Mohammad Idris Bangkok, Thailand •Aisya Abdul Rahman New York, USA •Mr.

Jerald Joseph 290 SUHAKAM No.

Date 18.

23-25 July 19.

28-30 August 20.
29-30 August Talks, Meetings, Workshops and Conferences Southeast Asia NHRIs Forum (SEANF) Technical Working Group (TWG) Meeting 2/2019 Asia Pacific Forum of NHRIs (APF) Communications Network Workshop Workshop with Southeast Asia NHRIs Forum (SEANF) on localising SDGs and NDCs, gender equality and related monitoring system/accountability mechanism Venue Representatives Dili, Timor Leste •Paremeswari S. •Abdul Rahman Abdullah Ulaanbaatar, Mongolia •Hana Shazwin Azizan Jakarta, Indonesia •Aisya Abdul Rahman •Muhammad Faiz Abdul Rahman •Muhammad Syafiq Ikhwan Ghazali •Tan Sri Othman Hashim •Mr.
Jerald Joseph •Aisya Abdul Rahman 21.

3-5 September 24th Annual General Meeting of the Asia Pacific Forum of NHRIs (APF) and Biennial Conference Seoul, Korea 22.

3-5 September 23.

11-13 September 24.

24-25 September 25.

1-3 October 26.
3-4 October Commonwealth Forum of NHRIs (CFNHRI) Workshop on Sport and Human Rights Senior Officials Conference on Gender Mainstreaming in ASEAN Political-Security Community (APSC) Sectoral Bodies Consultation on the Mandate of the Special Rapporteur on the Sale and Sexual Exploitation of Children APF-OHCHR Human Rights in Humanitarian Action Workshop Regional Dialogue on the Role of NHRIs in Addressing Climate Change as a Trans- boundary Human Rights Issue Kigali, Rwanda •Viven Rao Krishna Moorthi Manila, Philippines •Prof.
Dato’ Noor Aziah Mohd.

Awal Florence, Italy •Prof.

Dato’ Noor Aziah Mohd.

Awal •Jesrina Kaur Grewal Bangkok, Thailand •Josefina Abdullah •Kevin Jason s/o James Bangkok, Thailand •Dato’ Mah Weng Kwai ANNUAL REPORT 2019 291 A P P E N D X I I V No.

Date 27.

8-9 October 28.

10-11 October 29.

22-24 October 30.

22-24 October 31.

23-25 October 32.

27-30 October 33.

27-30 October 34.

3-7 November 35.
11-12 November Talks, Meetings, Workshops and Conferences Southeast Asia Regional Forum on “The Role of Indigenous Knowledge in Rights-based Sustainable Development” Global Consultation on The Role of NHRIS in Facilitating Access to Remedy for Business-Related Human Rights Abuses 16th Annual Meeting of the Southeast Asia NHRIs Forum (SEANF) and Seminar on the Rights of Persons with Disabilities Expert Consultation - Advancing Children’s Rights to Healthy Environment The 2019 EU-Taiwan LGBTI Conference on Marriage Equality & The Protection of LGBTI Rights 11th International Conference of Ombuds Institutions for the Armed Forces 9th Regional Conference on Human Rights and Business in Southeast Asia 19th Informal ASEM Seminar on Human Rights: “Human Rights Education and Training” AICHR Consultation on the Realisation of the Right to Development to Enhance ASEAN Community (in Article 35- 37 of the ASEAN Human Rights Declaration), ASEAN Secretariat Venue Representatives Jogjakarta, Indonesia •Nyak Baqi Kamaruddin Geneva, Switzerland •Tan Sri Othman Hashim •Abel Athi Kumar Dili, Timor Leste •Tan Sri Othman Hashim •Datuk Godfrey Gregory Joitol •Simon Karunagaram Bogor, Indonesia •Prof.
Dato’ Noor Aziah Mohd.

Awal Taiwan •Dato’ Seri Mohd Hishamudin Yunus •Siti Rahayu Mohamed Noor Sarajevo, Bosnia and Herzegovina •Mr.

Jerald Joseph Bataan, Philippines •Dato’ Mah Weng Kwai Tromso, Norway •Datuk Lok Yim Pheng Bangkok, Thailand •Mr.

Jerald Joseph 292 SUHAKAM No.

36.

37.

38.

39.

Date 11-13 November Talks, Meetings, Workshops and Conferences AICHR Consultation on the Realisation of the Right to Development to Enhance the ASEAN Community Venue Representatives Jakarta, Indonesia •Dr.
Madeline Berma 12-14 November International Conference on Protection of Rights of the Migrant Workers Kathmandu, Nepal •Tan Sri Othman Hashim •Aida Suraya Haron 18-19 November 19-21 November 40.
21-22 November NHRI Workshop on Human Rights and Sustainable Development in Fisheries and Aquaculture International Expert Group Meeting on the role of Indigenous Peoples in implementing SDG 16: Peace, Justice and Strong Institutions Regional Roundtable on Alternative Care Arrangements for Children in the Context of International Migration in the Asia Pacific Bangkok, Thailand •Ahmad Afiifi Ramli Chiang Mai, Thailand •Dr.

Madeline Berma Bangkok, Thailand •Prof.

Dato’ Noor Aziah Mohd.

Awal 41.


25-27 November UN Forum on Business and Human Rights Geneva, Switzerland 42.

26-28 November Bali, Indonesia CTI–APT Regional Seminar on “Sharing experiences and building State capacity in Southeast Asia and the wider Asia-Pacific region: Strengthening institutional and legislative frameworks for effective law enforcement” •Associate Prof. Dr. Nik Salida Suhaila Nik Saleh •Siti Rahayu Mohamed Noor •Datuk Lok Yim Pheng •Lee Pei Hsi No.

Date 43.

3-6 December 44.


4-7 December 45.

46.

8-10 December 11-12 December 47.
17-18 December Talks, Meetings, Workshops and Conferences 2019 AICHR Regional Dialogue on the Mainstreaming of the Rights of Persons with Disabilities in the ASEAN Community, and a NHRI side event Consultation on Draft Principles for the Protection of the Rights of the Child in the Context of Surrogacy AICHR Consultation on Freedom of Opinion, Expression and Information in ASEAN ASEAN Dialogue on the United Nations Convention on the Rights of the Child (CRC) General Comments International Conference on “Migration and SDGs: ASEAN and Beyond: A Pathway to the 2030 Agenda: Episode II” ANNUAL REPORT 2019 293 Venue Representatives Bangkok, Thailand •Nur Syamimi Amran A P P E N D X I I V Siem Reap, Cambodia •Prof.
Dato’ Noor Aziah Mohd.

Awal Bali, Indonesia •Hana Shazwin Azizan Manila, Philippines •Prof.

Dato’ Noor Aziah Mohd.

Awal Bangkok, Thailand •Prof.

Dato’ Noor Aziah Mohd.

Awal 294 SUHAKAM APPENDIX V MONTHLY MEETINGS – ATTENDANCE OF SUHAKAM COMMISSIONERS No.

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of Meeting Date 1.

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Commissioners Present Commissioners Absent – Prof. Dato’ Dr. Aishah Bidin – Tan Sri Razali Ismail Tan Sri Razali Ismail Mr. Francis Johen Anak Adam Datuk Godfrey Gregory Joitol Prof. Dato’ Dr. Aishah Bidin Datuk Lok Yim Pheng Associate Prof. Dr. Nik Salida Suhaila Nik Saleh Dato’ Mah Weng Kwai Mr. Jerald Joseph Dr. Cheah Swee Neo Tan Sri Razali Ismail Mr. Jerald Joseph Mr. Francis Johen Anak Adam Datuk Godfrey Gregory Joitol Datuk Lok Yim Pheng Associate Prof. Dr. Nik Salida Suhaila Nik Saleh Dato’ Mah Weng Kwai Dr. Cheah Swee Neo Tan Sri Razali Ismail Mr. Jerald Joseph Mr. Francis Johen Anak Adam Datuk Godfrey Gregory Joitol Prof. Dato’ Dr. Aishah Bidin Datuk Lok Yim Pheng Associate Prof. Dr. Nik Salida Suhaila Nik Saleh Dato’ Mah Weng Kwai Dr. Cheah Swee Neo Mr. Jerald Joseph (Acting Chairman) Mr. Francis Johen Anak Adam Datuk Godfrey Gregory Joitol Prof. Dato’ Dr. Aishah Bidin Datuk Lok Yim Pheng Associate Prof. Dr. Nik Salida Suhaila Nik Saleh Dato’ Mah Weng Kwai Dr. Cheah Swee Neo No.
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Tan Sri Othman Hashim Dato’ Seri Mohd Hishamudin Md Yunus Associate Prof. Dr. Nik Salida Suhaila Nik Saleh Dato’ Mah Weng Kwai Datuk Lok Yim Pheng Datuk Godfrey Gregory Joitol Prof. Dato’ Noor Aziah Mohd Awal Dr. Madeline Berma Mr. Jerald Joseph Dr. Cheah Swee Neo 1.

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Tan Sri Othman Hashim Dato’ Seri Mohd Hishamudin Md Yunus Associate Prof. Dr. Nik Salida Suhaila Nik Saleh Dato’ Mah Weng Kwai Datuk Lok Yim Pheng Datuk Godfrey Gregory Joitol Prof. Dato’ Noor Aziah Mohd Awal Dr. Madeline Berma Mr. Jerald Joseph Dr. Cheah Swee Neo Tan Sri Othman Hashim Dato’ Seri Mohd Hishamudin Md Yunus Associate Prof. Dr. Nik Salida Suhaila Nik Saleh Dato’ Mah Weng Kwai Datuk Lok Yim Pheng Datuk Godfrey Gregory Joitol Prof. Dato’ Noor Aziah Mohd Awal Dr. Madeline Berma Mr. Jerald Joseph Dr. Cheah Swee Neo 8.
8-2019 14/8 9.

9-2019 10/9 296 SUHAKAM No.

Serial No.

of Meeting Date 10.

10-2019 8/10 11.

11-2019 18/11 12.

12-2019 11/12 Commissioners Present Commissioners Absent – Dr. Madeline Berma Prof. Dato’ Noor Aziah Mohd Awal 1.

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Tan Sri Othman Hashim Dato’ Seri Mohd Hishamudin Md Yunus Associate Prof. Dr. Nik Salida Suhaila Nik Saleh Dato’ Mah Weng Kwai Datuk Lok Yim Pheng Datuk Godfrey Gregory Joitol Prof. Dato’ Noor Aziah Mohd Awal Dr. Madeline Berma Mr. Jerald Joseph Dr. Cheah Swee Neo 1.

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Tan Sri Othman Hashim Dato’ Seri Mohd Hishamudin Md Yunus Associate Prof. Dr. Nik Salida Suhaila Nik Saleh Dato’ Mah Weng Kwai Datuk Lok Yim Pheng Datuk Godfrey Gregory Joitol Prof. Dato’ Noor Aziah Mohd Awal Mr. Jerald Joseph Dr. Cheah Swee Neo Tan Sri Othman Hashim Dato’ Seri Mohd Hishamudin Md Yunus Associate Prof. Dr. Nik Salida Suhaila Nik Saleh Dato’ Mah Weng Kwai Datuk Lok Yim Pheng Datuk Godfrey Gregory Joitol Dr. Madeline Berma Mr. Jerald Joseph Dr. Cheah Swee Neo 297 A P P E N D X V I I APPENDIX VI Auditor-General’s Certificate on SUHAKAM’s Account 298 299 A P P E N D X V I I 300 301 A P P E N D X V I I 302 303 A P P E N D X V I I 304 305 A P P E N D X V I I 306 307 A P P E N D X V I I 308 309 A P P E N D X V I I 310 311 A P P E N D X V I I 312 313 A P P E N D X V I I 314 315 A P P E N D X V I I 316 317 A P P E N D X V I I APPENDIX VII Photos of SUHAKAM Officers and Staff 320 I S N O I S I V D F O D A E H & T N E M E G A N A M , ) , Y R A T E R C E S Y T U P E D ( A Y H A Y H A D F A R I : T F E L M O R F G N I T T I S I , ) P U O R G G N K R O W W A L D N A Y C L O P I , Y R A T E R C E S Y T U P E D ( L A W E R G R U A K A N R S E J I , ) Y R A T E R C E S ( O E N E E W S H A E H C .
R D I ) , Y R A T E R C E S Y T U P E D ( M A R A G A N U R A K N O M S I , ) I I I N O S V D H C A E R T U O D N A N O I T O M O R P , Y R A T E R C E S I T N A T S S S A L A P C N R P ( I I I S H I E P E E L : T F E L M O R F G N D N A T S I , ) , Y R A T E R C E S I T N A T S S S A L A P C N R P ( I I I I N A Z Z A N W Z A H S A N A H , ) , I C M O N O C E , Y R A T E R C E S I T N A T S S S A L A P C N R P ( I I I M A N A M A R B U S I R A W S E M E R A P 321 I I I V X D N E P P A ) , Y R A T E R C E S I I I T N A T S S S A L A P C N R P ( H A L L U D B A N A M H A R L U D B A : E R U T C I P E H T N I T O N , Y R A T E R C E S I T N A T S S S A L A P C N R P ( I I N A T Y L R E B M K E L O C N I I , ) , Y R A T E R C E S ) I I I I N O S V D G N N A R T D N A N O I I T A C U D E , Y R A T E R C E S I T N A T S S S A L A P C N R P ( I I I N A M A L U S D A Z H A H S I I , ) ( I I I N A M A Z R A H Z A L U S M A Y S , ) I I I N O S V D S E C V R E S I E T A R O P R O C , Y R A T E R C E S I T N A T S S S A L A P C N R P ( I I I M Z A I I Z Z A D A M A H O M 322 ) G W P E ( , I S H I E P E E L , A Y H A Y H A D F A R I , I I D N U J H A Z F A H R O N N A W : T F E L M O R F G N I T T I S , N A M H A R D B A H A L L U F A S I I F F R A D H O M , I L A Z A H G N A W H K I I Q F A Y S D A M M A H U M : , I L M A R I F I I F A D A M H A , I N D D U R A M A K I Q A B K A Y N , R A K A B L A Z R H A Y S I , I I
 R Z D A N Q F U A T D A M A H O M 323 I I I V X D N E P P A I N S S U H E H C I I N A R A M , I N S N E Y A H C I ) G W L P ( , L A W E R G R U A K A N R S E J I , R O O N D E M A H O M U Y A H A R I T I S , H A Z M A H H A B D A H A R A S I : T F E L M O R F G N I T T I S I , Z Z A L U D B A A Z R A H R U N I I , S R D I D A M M A H O M Y D N E F Y M L E H , R A M U K A Y A J V R A M U K I I H R T A L E B A : T F E L M O R F G N D N A T S I 324 ) G M C I I ( , O O H C E E K G N O / D A N A L U J N A Z A I I , K A H S I A N I T S U Y , R A F F A H G D B A N L D A R U N I : T F E L M O R F G N I T T I S , M A R A G A N U R A K N O M S I , H A L L U D B A N A M H A R L U D B A , S E M A J O / S N O S A J N V E K I , I N D D U R A H A B I I D A Z D A M H A : T F E L M O R F G N D N A T S I N A M H A R .
I D B A Z A F D A M M A H U M , I D M A H T A A S L U D B A , I N D D U J A T M I ’ N A T D H O M 325 , H A Z M A H N K H S A R O N I I , H A L L U D B A A N F E S O J I , I I N A J N U M H A N Z A M , I I N A M A L U S K A H S H A D A N A Z L E I , B A H A W D B A H A M I T A F : , I N A M A Z R A H Z A L U S M A Y S : T F E L M O R F G N I T T I S ) G W C ( I P U O R G G N K R O W N O I T A C N U M M O C I 326 E C I F F O H A B A S , H A L L U D B A O N D M A Z N L F A I I I I I , F O S U Y E M M H A H S R U N , I M A R S A M Y S A D I : T F E L M O R F G N D N A T S I I N O G L A M N O J I , I I N O M S G S A N V E L I I , I M S A K D H O M N A Y F O S , T A M A L S H M S A J I I , ) R E N O S S M M O C I ( L O T I O J Y R O G E R G Y E R F D O G K U T A D 327 I I I V X D N E P P A I N M O S N O F L A , N A M S O N A H P O S I I , L A M D A M A H O M : , S U C R A M K A N A N E V V I I : T F E L M O R F G N I T T I S E C I F F O K A W A R A S 328 ) S C ( P U O R G S E C V R E S I E T A R O P R O C , D N A N A M R A P .
L I R A M U K H S E R U S , I W R O N H A K I T A R O N , I I D N U J N A L U R U N N A W , I R D A K L U D B A M A Z N A M K A L U T A Z Y M I : , P A N A M D B A A Z E F A R U N I , I M H A R A D U H L U R U N , I W R O N A D A H U S R U N I , I M D S A M I I T A Y A D H L U R U N , Y N O H T N A .
S O / S N O M O L O S , R A F A A J M A Z N D H O M I , H A B A A Z D E M A H O M F R A H Z I , I L A D H O M N A L S O R : T F E L M O R F G N D N A T S I , I N D U J A T I I F R A D A M M A H U M , F R A H S D M K F A H S D H O M I , R O N .
D M I L Z A Y S , I M Z A I I Z Z A D A M A H O M , , L A M S I I I D A M S R O N D H O M I , Z Z A D A M M A H O M E R M A Z D H O M I 329 LIST OF ABBREVIATIONS #ACT4CAT AICHR AGC APF APT ASEAN ATD ATIPSOM ATM BHEUU BHR CC CCRC CCTV CEDAW CENTHRA CFNHRI CHRP CMD CMU CoMIHL CPR CRC CRPD CS CSO CTI DASS DOE DOSM DPTN DUN EA EC Coalition of human rights defenders that are committed to campaign for UNCAT ASEAN Intergovernmental Commission on Human Rights Attorney General’s Chambers Asia Pacific Forum of National Human Rights Institutions Association of the Prevention of Torture Association of Southeast Asian Nations Alternatives to Detention for Children Anti-Trafficking in Persons and Anti-Smuggling of Migrants Accessing Banking Services Legal Affairs Division of the Prime Minister’s Department Business and Human Rights Children’s Commissioner Cure & Care Rehabilitation Centre Closed Circuit Television Convention on the Elimination of all Forms of Discrimination against Women Centre for Human Rights Research & Advocacy Commonwealth Forum of National Human Rights Institutions Commission on Human Rights of the Philippines Complaints and Monitoring Division Custodial Medical Unit Centre for Military and International Humanitarian Law Commenced Cardiopulmonary Resuscitation Convention on the Rights of the Child Convention on the Rights of Persons with Disabilities Corporate Services Division Civil Society Organisation Convention Against Torture Initiative Depression, Anxiety and Stress Scales Department of Environment Department of Statistics Malaysia National Tahfiz Education Policy State Legislative Assembly Employment Act 1955 Election Commission 330 EPF ESCRD ETD EU FEEP FELDA FISD GANHRI HAKAM HRBP HTF ICC ICCPR ICD ICERD ICESCR ICPPED ICRC IGP IIUM IIAM IKMAS ILO INTAN IO IOM IPCMC Employees Provident Fund Economic, Social and Cultural Rights Division Education and Training Division European Union Fire Emergency Evacuation Plan
 Federal Land Development Authority Belgian Federal Institute for Sustainable Development Global Alliance of National Human Rights Institutions National Human Rights Society Human Rights Best Practices Tuanku Fauziah Hospital International Criminal Court International Covenant on Civil and Political Rights International Coordination Division Convention on the Elimination of All Forms of Racial Discrimination International Covenant on Economic, Social and Cultural Rights International Convention for the Protection of All Persons from Enforced Disappearances International Committee of the Red Cross Malaysia Inspector General of Police International Islamic University Malaysia Institute of Internal Auditors Malaysia Institute of Malaysian International Studies International Labour Organization National Institute of Public Administration Investigation Officer International Organization for Migration Independent Police Complaints and Misconduct Commission Institute of Teacher Education Selangor Islamic Religious Department Perak Islamic Religious Department Penang Islamic Religious Department Department of Islamic Development Malaysia IPG JAIS JAIPK JAIPP JAKIM JAKOA/ JHEOA Department of Orang Asli Development Jaringan Kampung Orang Asli Pahang JAKOAP Federal Territories Islamic Religious Department JAWI 331 JHAMS JHEAINS JPW JIPS JKM JKSM JPA JPM KAS KPWKM Komnas HAM LGBT LITD LKIM MA MACC MACSA MAPO MCCHR MoHR MIDP MIDAS MyIPO MNHRC MOE MOFA MOH MOHA MRD MRSM MSEI MTE MoU MVV NADA NAPBHR NCPWD Joining Hands Against Modern Slavery Sabah State Islamic Religious Affairs Department Women Development Department Integrity and Standard Compliance Department Department of Social Welfare Jabatan Kehakiman Syariah Malaysia Public Service Department Prime’s Minister Department Konrad Adenaruer Stiftung Ministry of Women, Family and Community Development National Commission on Human Rights of Indonesia Lesbian, Gay, Bisexual and Transgender Law and International Treaties Division
 Fisheries Development Authority of Malaysia Medical Assistance Malaysian Anti-Corruption Commission Malaysia Alliance of Civil Society Organisation Council for Anti-Trafficking in Persons and Anti-Smuggling of Migrants Malaysian Centre for Constitutionalism and Human Rights Ministry of Human Resources Malaysian Institute for Debate and Public Speaking Malaysian Institute of Defence and Security Intellectual Property Corporation Myanmar National Human Rights Commission Ministry of Education Ministry of Foreign Affairs Ministry of Health Ministry of Home Affairs Media Relations Division MARA Junior Science Colleges Multidimensional Self-Esteem Inventory Malaysia Teacher’s Ethics Memorandum of Understanding Malaysian Vision Valley National Anti-Drug Agency National Action Plan on Business and Human Rights National Council of Persons with Disabilities 332 NCR NEP NGO NHRCN NHRAP NHRI NHLD NI NMM NPM NRD NSO-MAPO NTC OCC OCPD OHCHR OIC OKT OP-CAT OSF PANTAS PDD PDRM PERPADUAN PI PITAS POCA POD PT PT3 PWD RCI RISDA RTD SAMB SDG Native Customary Rights National Education Policy Non-Governmental Organisation National Human Rights Commission of Nepal National Human Rights Action Plan National Human Rights Institutions National High-Level Dialogue National Inquiry into the Land Rights of Indigenous Peoples in Malaysia National Monitoring Mechanism National Preventive Mechanism National Registration Department National Strategic Office - Anti-Trafficking in Persons and Anti-Smuggling of Migrants Council National Tahfiz Council Office of Children’s Commissioner Officers in Charge of Police at District Office of the High Commissioner for Human Rights Organisation of Islamic Cooperation Person Under Arrest Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Open Society Foundation Sabah Native Land Services Publication and Documentation Management Division Royal Malaysia Police National Unity and Integration Department Public
 Inquiry Selangor Tahfiz Institutions Association Prevention of Crime Act 1959 Promotion and Outreach Division Principle Trainers Post Form 3 Assessment Test Persons with Disabilities Royal Commission of Inquiry Rubber Industry Smallholders Development Authority Roundtable Discussion Syarikat Air Melaka Berhad Sustainable Development Goals 333 SEANF SoIS SKM SME SOACA SOSMA SOP SRS SUARAM SUHAKAM TIOF ToT UDHR UMS UN UNCAT UNCT UNDP UNDRIP UNGP UNHCR UNICEF UNIMAS UNISEL UPEN UPR UPSI UPSR USIM UTP UiTM UUM YBGK YIGF WAO Southeast Asia National Human Rights Institutions Forum UUM’s School of International Studies Tahfiz Malaysian Skills Certificate Small and Medium-Sized Enterprise Sexual Offences Against Children Act 2017 Security Offences (Special Measures) Act 2012 Standard Operating Procedure Sex Reassignment Surgery Suara Rakyat Malaysia Human Rights Commission of Malaysia The IO Foundation Training of Trainers Universal Declaration of Human Rights Universiti Malaysia Sabah United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment United Nations Country Team United Nations Development Programme United Nations Declaration on the Rights of Indigenous Peoples United Nations Guiding Principles on Business and Human Rights United Nations High Commissioner for Refugees United Nations Children’s Fund University Malaysia Sarawak University of Selangor State Economic Planning Unit Universal Periodic Review Universiti Pendidikan Sultan Idris Primary School Assessment Test Islamic Science University of Malaysia Universiti Teknologi Petronas Universiti Teknologi MARA University Utara Malaysia National Legal Aid Foundation Youth Internet Governance Forum Women Aid’s Organsations 334 9 1 0 2 s e i t i v i t c A s ’ M A K A H U S 335 9 1 0 2 s e i t i v i t c A s ’ M A K A H U S Human RigHts Commission of malaysia annual RepoRt 2019 a
i g H t s C o m m i s s i o n o f m a l a y s i a Human RigHts Commission of malaysia suHaKam Level 11, Menara TH Perdana, 1001, Jalan Sultan Ismail, 50250 Kuala Lumpur.
URL: http://www.suhakam.org.my