A/HRC/11/30*
89.
Mexico congratulated Malaysia, a culturally and ethnically diverse country, for
guaranteeing fundamental freedoms in its Constitution, noting adoption of legislation on
trafficking in persons, its recent signature to the CRPD and its leadership regionally to
achieving full signing of the ASEAN Charter. It recognized progress in registering public
policy to guarantee access to health and education, and national plans to reduce extreme
poverty while guaranteeing dignified housing. It recommended: (a) bearing in mind that
there has already been thinking in this direction, consider positively accession to
international human rights treaties, particularly ICCPR, ICESCR, ICRMW and ILO
Convention 169 on indigenous peoples and tribes; (b) an open standing invitation to special
procedures visiting the country, particularly relating to the fundamental rights and freedoms
of indigenous peoples and the rights of migrants; and (c) promotion of gender equality and
protection of childhood and that favourable consideration be given to withdrawing the
reservation on CRC and CEDAW.
90.
Palestine noted the Federal Constitution’s amendment for the full implementation of
Malaysia’s commitment to combat all forms of discrimination against women. Palestine
congratulated Malaysia’s efforts to eliminate poverty, the reduction of the number of poor
households and that in 2008 the economic growth was calculated by 5.7 per cent. Palestine
supported Malaysia’s commitment and efforts to combat corruption, particularly thanks to
the Malaysian Academy against Corruption. Palestine recommended that Malaysia a)
continues raising awareness of trafficking in persons and migrant workers, particularly
women and children, who are a vulnerable group in the society, and deserves all possible
help.
91.
India commended Malaysia’s effort to reform the legislation on violence against
women and to prevent exploitation of children, as well as achievements in women’s
education, health care, reduction of poverty and inequalities in income and education. It
also welcomed the legislation on human trafficking, the steps taken to restore public
confidence in the judiciary. While welcoming the mandate of, and the work done by, the
SUHAKAM, it requested Malaysia to elaborate on concerns expressed about its
effectiveness, autonomy and independence. It enquired about steps taken to protect human
rights defenders and migrant workers and asked Malaysia to share its experience on the
success of the measures taken to enhance the participation of minorities and various ethnic
groups in the country’s political and decision-making process.
92.
Germany recommended that Malaysia: (a) ensure that provisions for arrest and
detention are compatible to international human rights standards; that all persons detained
have timely access to legal remedies to challenge their detention, have access to legal
counsel and are brought to trial or released without unnecessary delays; (b) outlaw corporal
punishment at home; and provide victims of domestic violence with access to legal
remedies and protection from potential perpetrators; effective campaigns should be set in
place to inform and sensitise the population on this matter; and (c) allow migrant domestic
workers full access to legal remedies in case of abuse and duly investigate all cases of
abuse and bring perpetrators to justice; effective steps should be taken to protect migrant
workers from attacks from militia groups; Malaysia should ensure that the pre-departure
training centres are operated to meet the basic needs of the workers and do not encourage
any form of abuse.
93.
Italy noted that SUHAKAM and other stakeholders expressed concerns at possible
abuses of prevention detention and other restrictive measures. In this respect, recommended
that Malaysia (a) consider amending the Internal Security Act and bring domestic security
legislation in line with international human rights standards, including through increasing
legal safeguards of detainees and abolishing the practice of long detention without trial.
Italy noted with concern the continued application of death penalty as well as the lack of
reliable official information on this issue and recommended also that (b): Malaysia (i)
GE.09-16360
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