A special court for children away from court complexes, presided over by magistrates specially trained in the field of children’s rights and international juvenile justice was one of the many recommendations to improve the country’s human rights standards, made by the Human Rights Commission of Malaysia (SUHAKAM) last year.

However according to the commission’s 2008 annual report, tabled in Parliament yesterday, SUHAKAM is concerned that while the Government was making an effort to consider its recommendations, its response to matters such as arbitrary detention under the Internal Security Act, freedom of peaceful assembly and freedom of opinion and expression, was still negative.

The report also stated that while SUHAKAM supported the right to freedom of speech and expression, it recognised that in dealing with a sensitive subject like religion, there was a need to respect the rights of everyone involved.

On administration of justice, SUHAKAM recommended that the Prime Minister’s wide discretionary powers under the Judicial Appointments Commission Act be kept minimal, in order to be impartial in judicial appointments.

It also reiterated its stand that all forms of preventive legislation be repealed in accordance with the Universal Declaration of Human Rights and that all detainees be released or brought to justice. Detainees who are of old age or in fragile health should also be released.

SUHAKAM also urged the Government to review all land laws that do not recognise Native Customary Rights be reviewed in safeguarding the rights of Orang Asli and Orang Asal.

It also recommended that migrant workers be allowed to set up or join trade unions.

The report said SUHAKAM was also hoping for a positive move by the Government to help maintain its international status as an A category national human rights institution.

In April, the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC) had been advised to downgrade SUHAKAM to B status for non-compliance with its standards.

(A second round of amendments to the Human Rights Commission of Malaysia Act 1999, in accordance with international standards under the Paris Principles, will be tabled in the current Parliament session. This will ensure greater transparency in the appointment of SUHAKAM commissioners.)

According to the report SUHAKAM which had received a RM10.07 million grant from the Government last year compared to RM9.48 million the previous year, had undertaken 181 activities including prison visits and conducted 44 national and 28 international talks, seminars and conferences.

Date: 15 June 2009

Source: New Straits Times <>