A/HRC/11/30*
79.
Tunisia said Malaysia’s commitment to human rights was particularly clear through
the creation of SUHAKAM, which is empowered, inter alia, to review complaints on
human rights violations and advise the Government on the elaboration of laws and
procedures, and to recommend the Government to accede to certain international human
rights treaties. Tunisia asked for elaboration on the activities of this important body.
80.
Belarus noted the enactment of recent laws on children, persons with disabilities and
the law on combating trafficking in persons, as well as the Committee on gender equality. It
recommended that Malaysia: (a) continue to take measures to protect the rights of women,
children and people with disabilities. Belarus noted Malaysia’s endeavours to ensure the
rights of migrant workers including by concluding specific agreement with neighboring
countries. It recommended that Malaysia (b) continue to take measures to ensure that the
rights of migrants are observed and not to allow any negative phenomena regarding them,
including trafficking in persons. It recommended that Malaysia (c) work more actively to
accede to the core international human rights instruments.
81.
Canada welcomed recent initiatives such as the new Malaysian Anti-Corruption
Commission and the creation of a Judicial Appointments Commission. Canada
recommended that Malaysia (a) continue its judicial reforms, including by strengthening
the independence of the judiciary; (b) repeal or amend the Internal Security Act and the
Emergency Public Order and Preventive Ordinance in accordance with its international
human rights obligations, and in the meantime refrain from applying them to political
activists, journalists or others engaged in peaceful activities; (c) review and amend laws
such as the Sedition Act, the Printing Press and Publications Act, and the Official Secrets
Act, to enable its citizens to exercise fully the right to freedom of opinion and expression,
including freedom of the press and freedom of information; (d) review its Police Act to
enhance its citizens’ ability to exercise the right to peaceful assembly; (e) strengthen efforts
to combat violence against women, including by ensuring that rape within marriage,
defined as being when one of the spouses does not consent, is a criminal offence; (f) take
steps to ensure that all migrant workers, refugees, and asylum seekers are treated in
accordance with international human rights standards and that it sign and ratify the 1951
Convention relating to the Status of Refugees and its 1967 Protocol and adopt and
implement refugee protection legislation; (g) that Malaysia strengthen the independence of
SUHAKAM in accordance with the Paris Principles; and (h) become a party to the ICCPR,
ICESCR, CERD, and CAT.
82.
Holy See noted that the constitution provides for freedom of religion for all, but
recognizes Islam as the country’s religion. The generally tolerant relationship among
religious groups contributes to religious freedom, it said. Non-Islamic confessions however
are submitted to many bureaucratic restrictions, and it recommended (a) continuing to
guarantee religious freedom by taking away any impediment to the full enjoyment of this
basic human rights for all its citizens. It noted that there is still a lack of legislation and
policies on the rights of migrant workers and refugees, many of them women. It noted, inter
alia, that while maintaining its restrictive abortion policies, Malaysia’s level of maternal
mortality has diminished close to that of the most developed countries, according to the
UNDP.
83.
Djibouti welcomed the work of SUHAKAM and congratulated Malaysia for the
progress made in combating poverty and in effectively redistributing the results of growth.
It noted the high budget allocation to education demonstrating the importance given by
Malaysia to offering a mandatory education based on equality and equity and noted the
Education Master Plan 2006–2010. It welcomed measures taken to ensure protection,
rehabilitation and psychological support to victims of trafficking and the 2008 law against
trafficking in persons. It encouraged Malaysia to (a) establish an independent committee
GE.09-16360
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