A/HRC/11/37 up to 160 people for illegal assembly. The Government’s assurances that conditions in immigration detention centres were adequate should be re-examined. It regretted the rejection of recommendations to ratify the Convention relating to the Status of Refugees and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, urging that Malaysia reconsider this stance. 715. The Asian Forum for Human Rights and Development stated that Malaysia should immediately establish an independent police complaints and misconduct commission to conduct inquests within a month of each death in custody. Malaysia should immediately implement all recommendations made by the Special Rapporteur on the right to education in relation to indigenous communities. It encouraged Malaysia to respond positively to the nine pending requests for visits and make standing invitations to all special procedures mandate holders and make genuine efforts to ratify core international human rights instruments, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. 716. Action Canada for Population and Development referred to Malaysia’s acknowledgments regarding the penal code and the Minor Offences Act. It considered that the enforcement of these laws was targeted at people of non-normative sexual orientation, gender identity and expression. It encouraged Malaysia to promote non-discrimination and tolerance, and to amend the penal code and all laws that discriminated against people of diverse sexual orientation, gender identity and expression, including decriminalizing consensual sexual acts and allowing for the change of a person’s name and sex on identification papers, and to train law enforcement officers and the judiciary. 717. The Commission of the Churches on International Affairs of the World Council of Churches stated that Malaysia continued to refuse to ratify the Convention relating to the Status of Refugees. The Office of the United Nations High Commissioner for Refugees in Malaysia had registered approximately 47,000 persons of concern, primarily from Myanmar, and estimated that a similar number remained unregistered. Refugees, asylumseekers and undocumented migrants faced the risk of arrest and were being detained in immigration detention centres. Another concern was freedom of expression and freedom of assembly, which had been denied to citizens of Malaysia. 718. The Islamic Human Rights Commission referred to its research showing routine use of the Internal Security Act and the Emergency Public Order Preventive Ordinance against individuals suspected of being an actual or potential threat to national security or public order. It referred to one detainee arrested under the Internal Security Act in April 2002, and stated that even though his renewed detention had ended in June 2008, he was reportedly informed that the chances of his release were unlikely. It considered that the right to be free from arbitrary detention, the rights to due process and to a fair trial, as well as to the right to freedom of expression, had been violated. The Commission called for the abolition of the Act and the release of all persons held under it. 719. Persatuan Aliran Kesedaran Negara – National Consciousness Movement stated that the Internal Security Act was extremely broadly worded and allowed for indefinite detention without trial. Under the Act, the Malaysian judiciary had been systematically excluded from playing any meaningful role in ensuring that those detained were treated in accordance with international human rights norms. There was no effective judicial review. Judges could not review grounds of detention and were not shown the purported evidence against detainees. 720. The Arab Commission for Human Rights welcomed the transparent replies provided by Malaysia. It however regretted that the document containing the written replies had not been translated, thus impeding genuine dialogue. It recommended clarification of an apparent contradiction in paragraph 105, which rejected the recommendation made in GE.09-16766 167

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