A/HRC/25/10
in consultation with civil society organizations and international experts. In that regard, the
Sedition Act, laws of various jurisdictions and the complex and unique position of
Malaysia, including on the position of the King and Malay Rulers, and threats to national
security and public order were also taken into consideration.
68.
Malaysia emphasized that the revitalised Prevention of Crime Act 1959 (POCA)
sought to deal with organized crime and serious crimes. Its commitment to uphold human
rights norms and standards was reflected by the inclusion of safeguards in POCA,
including: (a) the requirement for a minister to submit an annual report to Parliament on all
activities related to detention orders; (b) the requirement for Parliament to revisit the
provision on detention orders every five years; (c) the possibility of challenging decisions
by the Crime Prevention Board in the High Court; and (d) judicial review of detention
concerning any issue of non-compliance with any procedural requirement by the Crime
Prevention Board.
69.
Malaysia reiterated its commitment not to reintroduce broad powers of preventive
detention and refuted the allegation that the POCA amendments marked the return of the
repealed Internal Security Act 1960.
70.
The delegation elaborated on measures taken to better protect migrant workers,
including a special registration exercise that would run for three months from 21 October
2013 with a view to addressing grievances by migrant workers or employers cheated by
irresponsible recruitment agencies.
71.
Malaysia continued to view trafficking in persons seriously and had sought to
improve protection for victims, including through closer collaboration with NGOs. The
Government had announced the launch of the first NGO-led shelter, to be operational in
mid-November 2013, funded by the Government.
72.
Malaysia remained committed to addressing the issue of custodial deaths, including
through awareness-raising programmes on human rights for police personnel. The
establishment of the Enforcement Agency Integrity Commission reflected the readiness of
the Government to address violations of work ethics and misconduct by law enforcement
agencies, including the police.
73.
Malaysia emphasized that Islam and Islamic administration of justice under the
Syariah had a long history in Malaysia. The status of Islam as the religion of the Federation
and the freedom to practice religions other than Islam was also enshrined in the
Constitution.
74.
In Malaysia, matters pertaining to Islam, including codification of Syariah laws and
procedures and its administration, fell under the jurisdiction of the respective States.
75.
The National Fatwa Consultative Council had issued a decision in 1984, updated in
1996, determining the Sunni school of thought to be adhered to by Malaysian Muslims.
That decision was endorsed by State Fatwa Councils and later gazetted.
76.
The allegation that Islamic Family Law in Malaysia discriminated against Muslim
women on marriage issues was unfounded. However, the Government acknowledged that
there was room for improvement in the implementation of the law by the Syariah courts.
77.
The delegation explained that Malaysia had recently implemented a national
minimum wage policy which would benefit all workers in all sectors and regions.
Additionally, Malaysia continued to guarantee equal access to social justice for foreign
workers.
78.
Malaysia remains committed to enhance worker protection including through: (a)
enhancing maternity protection; (b) mandatory requirement for payment of wages into bank
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