A/HRC/11/30*
14.
Due to resource and capacity limitations, Malaysia generally practices a policy of
deportation of illegal immigrants. The rights of such immigrants are protected in
accordance with the Federal Constitution and the Immigration Acts of 1959/1963. Illegal
immigrants are not detained longer than necessary, however in certain cases, the most likely
causes for prolonged detention include delays in confirming their nationality and delays in
issuance of relevant travel documents by the respective foreign missions. While in
detention, they are provided with the basic necessities and amenities.
15.
Malaysia noted that the accreditation sub-committee of the International
Coordinating Committee of National Institutions for the Promotion and Protection of
Human Rights (ICC) has alleged that SUHAKAM is not in full compliance with the Paris
Principles. The Government was informed by SUHAKAM that it is at risk of being
reaccredited by the ICC, from its current “A-status” to “B-status”. Malaysia informed that
several measures are being taken by the Government to ensure that SUHAKAM retains its
credible and respected status.
16.
The delegation stated that the newly established Judicial Appointments Commission
(JAC) is entrusted with the core responsibility of identifying and recommending suitable
candidates for judicial appointments and promotion based on clearly defined criteria. The
Judicial Appointments Commission Act 2009 has been passed by Parliament and the
Commission will be operational as soon as the Act comes into force.
17.
On the eradication of corruption, the delegation noted the establishment of the
Malaysian Anti-Corruption Commission (MACC) under the Malaysian Anti-Corruption
Commission Act 2009 (Act 694). The MACC officially commenced operations on 1
January 2009 to enhance the effectiveness and efficiency of anti-corruption efforts as well
as to increase public confidence in the independence and transparency of the Commission.
B.
Interactive dialogue and responses by the State under review
18.
During the inter-active dialogue, statements were made by 60 delegations.
Additional statements by twenty-three delegations which could not be delivered during the
dialogue due to time constraints are also posted on the UPR extranet when available.* A
number of delegations thanked the Government for the comprehensive national report, its
presentation and for its responses to advance questions that enabled an assessment of
Malaysia’s human rights promotion and protection efforts. Statements were made
welcoming Malaysia’s efforts to promote and protect human rights and the importance
attached to this review. Many delegations welcomed the establishment of SUHAKAM.
Numerous delegations also highlighted the ethnic, cultural and religious diversity in the
country.
19.
Brunei commended Malaysia’s constructive engagement with its communities for
their rights to, inter alia, education, health, culture, and adequate housing. It acknowledged
the challenges in implementing these efforts. It cited Malaysia’s close cooperation with
other members of the Association of Southeast Asian Nations (ASEAN) in formulating the
terms of reference for the ASEAN Human Rights Body. It supported Malaysia’s pledges
and commitments to the Council, towards greater integration of its national priorities and
universal human rights principles.
* Mauritius, Slovakia, Japan, Sweden, Brazil, Argentina, Jamaica, Nigeria, Botswana, Peru, Democratic
People’ s Republic of Korea, Slovenia, Azerbaijan, Russian Federation, Syrian Arab Republic,
Ireland, Czech Republic, New Zealand, Bosnia and Herzegovina, Latvia, Maldives, Albania and
Afghanistan.
GE.09-16360
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