A/HRC/11/30*
7.
The delegation informed that the Federal Constitution clearly defines the
responsibilities of the State towards the individual, and vice-versa. For the past 35 years,
poverty rates have declined dramatically due to effort in introducing new dimensions to
address poverty among broad sections of the population, including indigenous groups,
urban and rural poor. Poverty among Malaysians declined from 5.7 per cent in 2004 to 3.6
per cent in 2007 and Malaysia expects to halve general poverty to 2.8 per cent by 2010. To
improve the quality of life, the Government strives to provide adequate, affordable and
quality housing, particularly for the low-income group and squatters. Various policies,
programmes and substantial resources are devoted to ensuring this right as well as access to
basic amenities including clean drinking water.
8.
Malaysia recognises the importance of education and has allocated about 21 per cent
of the total annual budget (US$ 14.53 billion) for expenditure on education and training
development. It is currently implementing an Education Development Master Plan (EDMP)
2006–2010 which outlines Malaysia’s actions for eliminating imbalances by ensuring that
students receive fair and equal educational opportunities regardless of location, race, ability
or ethnic background, and that no students drop out of the system due to poverty or
location.
9.
The delegation referred to the United Nations compilation report highlighting
specific communications addressed to Malaysia, and informed that the Government has
responded to those communications and stands ready to share further information.
10.
In thanking and responding to advance questions, Malaysia noted that an InterAgency Coordinating Committee has the mandate to recommend Malaysia’s accession to
human rights treaties and compliance with treaties which Malaysia are a party to. On
accession to ICCPR, ICESCR, CAT and OP-CAT, the Government is seriously looking
into the changes required in domestic legislation and policies. Malaysia has undertaken a
detailed study and held consultations to study the legal implications arising from the
provisions of the Rome Statute. Despite several concerns, Malaysia is fully committed to
the principles and the establishment of the International Criminal Court and their integrity.
11.
The delegation informed that Malaysia is open to the possibility of further
discussions with the various Special Procedures and is willing to consider requests for visits
positively on the merit of each proposal.
12.
Despite not being party to the 1951 Convention Relating to the Status of Refugees
and its 1967 Protocol Relating to the Status of Refugees, Malaysia has complied with
international obligations to persons who have entered Malaysia claiming to be refugees and
asylum seekers through special arrangements with the UNHCR on humanitarian grounds,
ever since it agreed to the establishment of the Office of the United Nations High
Commissioner for Refugees some thirty years ago, with which it has cooperation and
constructive engagement. In dealing with refugees detained under the Immigration Act of
1959/1963, Malaysia does not prosecute UNHCR card holders in court for their illegal stay,
but only if they commit crimes. The Immigration Department uses its discretion in
determining whether detained people claiming to be refugees should be released or
deported. Malaysia is of the view that the onus and responsibility lie with the UNHCR to
look into the welfare of refugees/asylum seekers particularly in finding suitable third
countries to receive them since Malaysia is only a transit point.
13.
Malaysia explained that the flow of foreign workers is managed on a bilateral basis
with sending countries by executing legally binding instruments to regulate their entry and
exit and noted the need to also protect the rights of employers. Legally documented foreign
workers are accorded equal treatment as local workers, as stipulated under the Employment
Act 1955.
4
GE.09-16360
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