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
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