SUARAM Human Rights Report Overview 2015

SUARAM launched its Human Rights Report 2015 Overview in conjunction with the International Human Rights Day which falls on the 10th December 2015.


Suaram Human Rights Overview 2015 – [Download]
Bahasa Malaysia Executive Summary – [Download]

It noted that 2015 marks the beginning of a new dark age for Human Rights in Malaysia. Throughout the year, SUARAM observed the increasing political crackdown against dissenters and civil activists such as, Zunar, Khalid Ismath, Eric Paulsen, Maria Chin, Arutchelvan, Jannie Lasimbang, YB Sivarasa and many more. These human rights violations that took place in 2015 were not limited to politicians and civil activists but extended to various vulnerable groups in Malaysia.

In the myriad of human rights violations that were documented in 2015, SUARAM highlighted six worrying trends:

1. The rapidly shrinking space for dissent in 2015 rivals that during the dark days of the Internal Security Act 1960. With the exposure of the 1MDB Financial Scandal and the fallout that resulted from the revelations, the Government of Malaysia under Prime Minister Najib Razak opted for the widespread use of the Sedition Act 1948 and the Communications and Multimedia Act 1998 against politician and civil activists. The Government of Malaysia also actively took steps to criminalize and harass organizers and participants of public protests and rallies that took place in 2015. The draconian manner in which the Government cracked down on political dissent is eroding what is left of our democratic institutions and setting Malaysia on a clear path to tyranny.

2. With the security threat posed by the Islamic State and other terror cells, Malaysia has introduced more legislation that undermines civil liberties in Malaysia. From the introduction of Prevention of Terrorism Act 2015 to the passing of the National Security Council Bill, the executive of Malaysia now holds unprecedented powers purportedly to ‘maintain peace and security’ in Malaysia. With the abuse of power (affirmed by the use of SOSMA against Khairuddin Abu Hassan and Matthias Chang), many have voiced their concerns against these legislations. On this note, SUARAM have documented 46 cases of detention under SOSMA in 2015 and notes that hundreds more have been detained under the Prevention of Crime Act 1959.

3. The situation faced by refugees and victims of human trafficking continue to deteriorate without any government intervention. With the mass graves discovered in May and August and the rejection of refugee boats by the Government of Malaysia, it was surprising that the United States decided to upgrade Malaysia’s standing in their human trafficking report.

4. Gender discrimination remained at an all-time high with little to no concrete steps taken to rectify the situation. From ill-thought out jokes to crude and debasing slurs uttered in Parliament by representatives from the Government, it has reinforced the perception that the Government of Malaysia is not sincere in fulfilling their obligations under Convention on the Elimination of all Forms of Discrimination against Women (CEDAW).

5. Indigenous peoples of Malaysia continue to suffer from various human rights violations. With the introduction of various ‘mega’ projects and deforestation for commercial purposes by various corporations, land grab is a common occurrence in the indigenous tribes’ customary lands. General apathy of relevant government agencies remains prevalent and was reflected in the various plights including but not limited to the case of 7 missing children in Kelantan; the poor condition of the transit centre in Gua Musang and the health problem suffered by the Jahai Tribe in Perak.

6. After the months of secrecy, the terms of TPPA were finally made public. With the wide reach and the monumental impact posed by TPPA, it is unconscionable for the Government of Malaysia to sign the TPPA without conducting a Human Rights Impact Assessment to evaluate the potential consequences posed by the TPPA. Further, with the increasing influence of corporations in Malaysia, active steps must be taken to ensure that these corporations comply with international human rights standards.

SUARAM urges the Government of Malaysia to take proactive step in safeguarding the human rights for all and take effective step to cease and desist with the human rights violations taking place in Malaysia and provide due remedy for those that have suffered as a result of the human rights violations. Laws that are incompatible with recognized international human rights listed in the Universal Declaration of Human Rights and other Bill of Rights must be repealed immediately.

We call on the government to be accountable to the people and to place human rights and democracy on top of any government and political agenda. Anything less would undoubtedly jeopardize the future generation of Malaysians and lay waste the sacrifices made by our forefathers.



Suaram: Heightened intolerance towards dissent (The SUN- 21 july 2010)

Suaram: Heightened intolerance towards dissent
By Karen Arukesamy

KUALA LUMPUR (July 21, 2010): Suara Rakyat Malaysia (Suaram) lamented that the government has “yet to respond” pro-actively despite numerous recommendations made by human rights NGOs. Its 2009 Human Rights Report launched today, highlighted several key trends in declining human rights last year.

It cited perceived abuses of power by law enforcement agencies, heightened intolerance towards dissent and resistance to reform, and greater respect for human rights.

“With the massive arrests by the police over peaceful protests and street demonstrations, the freedom of speech, expression and assembly have been seriously undermined in the country,” said Suaram director Dr Kua Kia Soong.

Kua said while the government had agreed to review the Internal Security Act (ISA), it has ignored two other detention-without-trial laws – the Emergency Ordinance and the Dangerous Drugs Act – despite their similarities with the ISA.

Other laws like the Sedition Act, Official Secrets Act, and Section 27 of the Police Act also remain firmly in place, undermining the civil liberties, the report said.

Among others, the report noted that there were eight deaths in custody – seven in police custody and political aide Teoh Beng Hock’s death while in the custody of the Malaysian Anti-Corruption Commission.

Besides that, 88 people were shot dead by police in 2009 with not a single police officer known to be held accountable for any of those deaths.

Suaram documentation and monitoring coordinator John Liu, who presented the report, said this was a high number considering there were only 13 such cases in 2007, according to official sources.

“These cases continue to occur at an alarming rate in 2010, including the case of 15-year-old Aminulrashyid Hamzah, who was shot dead by police on April 26 in Shah Alam, and on July 5, four robbers were shot dead by police in Pahang,” he said.

“ Malaysia’s refusal to ratify the United Nations Convention Against Torture despite being repeatedly urged to do so shows the government accepts torture as a form of punishment,” Liu said. — theSun

Press release: 21 July 2010

Press release: 21 July 2010

SUARAM’s 2009 Human Rights Report:
Najib’s First Year as PM Tarnished by Culture of Impunity, Heightened Intolerance, and Resistance to Change

Suara Rakyat Malaysia (SUARAM) released its “Malaysia Human Rights Report 2009:
Civil and Political Rights” in Kuala Lumpurtoday, 21 July 2010.

SUARAM’s report highlights several key trends in human rights in 2009, including: (1) the increasingly serious and repeated cases of abuses of power by the police and law enforcement agencies with impunity; (2) the heightened intolerance towards dissent; and (3) the Barisan Nasional (BN) government’s resistance towards reform and greater compliance with human rights standards.

1. Increasingly Serious and Repeated Abuses of Power by Law Enforcement Agencies At its launch, SUARAM noted the serious and repeated abuses of power – not only by the police, but now increasingly rampant in other law enforcement agencies, such as the Malaysian Anti-Corruption Commission (MACC).

SUARAM also noted that there were at least two international reports published in 2009, exposing the collusion of Immigration Department authorities in the trafficking of refugees to the Malaysia-Thailand border.

8 Deaths in Custody in 2009
In 2009, there were 7 deaths in police custody, according to official statistics. Another death occurred in the custody of the MACC on 16 July 2009, when Teoh Beng Hock, an aide of a politician from the opposition Democratic Action Party (DAP), fell from the 14th floor of the MACC building when he was there for questioning by the Commission.

While deaths in police custody have been a major problem in previous years, this was the first time that a death occurred in the MACC’s custody. Still, the MACC has also had a tarnished record in the past. In 2007, SUARAM documented the case of a man who died three weeks after being brutally assaulted during an interrogation by officers of the Anti-Corruption Agency (ACA), as the anti-corruption body was then known.

The recent case of alleged torture of former Royal Malaysian Air Force (RMAF) officer Tharmendran by military intelligence officers in connection to the theft of two jet engines is a manifestation of the systemic problem of torture, abuse of power and culture of impunity in the country. Tharmendran claimed that he was
hit with a golf stick, forced to strip and stand on a block of ice to an hour at a time, and threatened with death.

The fact that Malaysia has to date refused to ratify the United Nations Convention Against Torture (CAT) despite being repeatedly urged to do so only goes to show that the government accepts torture as a form of punishment in this country!

88 People Shot Dead by the Police in 2009
Equally as worrying are the cases of deaths caused by police shooting, which have occurred rampantly with impunity. 88 people were shot dead by the police in 2009, with not a single police officer known to be held accountable for any of those deaths. The high number of deaths caused by police shootings in 2009 is
indeed alarming, considering that there were only 13 such cases, according to official sources, in 2007.

These cases continue to occur at an alarming rate in 2010, including in the case of 15-year-old Aminulrasyid who was shot dead by the police on 26 April 2010when he was in a car in Shah Alam, Selangor. As recent as 5 July 2010, another case was reported, where four suspected robbers were shot dead by the police at the
residence of an executive councilor of the state of Pahang.

2. Heightened Intolerance towards Dissent
In 2009, there were mass arrests of participants of public peaceful assemblies in numbers which significantly exceeded those in previous years, signalling the government’s increasing intolerance of dissent. Close to a thousand people were arrested by the police for various acts of peaceful protest, including by holding candlelight vigils, wearing black and even participating in a hunger strike!

Close to a Thousand Arrested during Peaceful Assemblies in 2009 In May alone, 167 people were arrested in relation to protests against the unconstitutional takeover by the BN of the Perak state government. On 1 August 2009, 589 people, including minors, were arrested during the massive anti-ISA rally in Kuala Lumpur– possibly the greatest number of persons arrested in a single public assembly in recent years.

Opposition and Critics of the Government Targeted for Harassment
Opposition politicians, critics of the government and media (both of the opposition and independent ones) have also been attacked and harassed, using repressive laws such as the Sedition Act and the Printing Presses and Publications Act throughout 2009 despite the initial show of commitment towards free speech by Najib Razak when he announced the lifting of the ban on opposition mouthpieces Suara Keadilan and Harakah on the very first day of his premiership.

Freedom of speech and expression, especially that of opposition politicians and critics of the government, has become one of the most seriously and frequently violated human right in Malaysia, and this trend has continued in 2010. Mouthpieces of the opposition political parties – Suara Keadilan, Harakah, and Rocket – were all given show-cause letters in the month of July in 2010.

3. BN Government’s Resistance to Change, More than a Thousand Still Detained
without Trial
Despite the continued momentum of demands for change and better compliance with human rights principles, the BN government has continued to resist change. Despite growing calls for the ISA to be abolished, for example, the government has continued to detain people without trial throughout the year.

At the end of the year, there were nine ISA detainees still incarcerated without being tried in the courts, while more than a thousand people were still being held under the two other detention-without-trial laws, the Emergency Ordinance and the Dangerous Drugs Act.

Even recommendations made by commissions set up by the government, for example the Royal Commission on the Police and the Human Rights Commission of Malaysia (SUHAKAM), have mostly failed to be implemented by the government to date.

Malaysia’s human rights record was reviewed by the international community under the United Nations Human Rights Council’s Universal Periodic Review. During this review, the Malaysian government received numerous recommendations from United Nations member states to improve its human rights record, including by abolishing all detention-without-trial laws, respect freedom of expression, and recognise the status and rights of refugees. However, most of the more substantial of these recommendations were not accepted by the Malaysian government.

This reluctance to heed the international community’s calls, nevertheless, did not stop Malaysia from seeking election into the United Nations Human Rights Council in May 2010.

4. Increasing Human Rights Awareness: Biggest Anti-ISA Demonstration Yet
Despite the increase in human rights violations in 2009, SUARAM nevertheless noted the rise in human rights awareness in the country. This was perhaps most evident in the biggest ever anti-ISA demonstration held in Kuala Lumpur on 1August 2009, which was attended by more than 30,000 people. Encouraged by the
groundswell of popular calls for change, SUARAM stressed that it will continue to work towards keeping up this momentum with the aim of improving the situation of human rights in the country.

5. SUARAM’s Report Launch Gives Voice to Victims of Detention without Trial
Continuing its tradition of giving voice to victims of human rights violations, SUARAM invited Mat Sah Satray (former ISA detainee, 2002-2010) and the parents of Jagendran Panir Selvam (a minor who was detained without trial under the Emergency Ordinance from January to March 2010, and is currently held under
restricted residence) as guest speakers at the launch of its report.

6. Demands Reiterated
Based on the testimonies of violations provided by Mat Sah and the parents of Jagendran, as well as documentation of numerous cases in previous years, SUARAM strongly urged the government to repeal all detention-without-trial laws, pointing out that these legislations severely violate fundamental human rights.
SUARAM also reiterated several other longstanding demands to the government including:

1. The immediate setting up an independent and effective oversight monitoring body to ensure accountability in the police force and other law enforcement agencies;
2. The repeal of repressive legislations and/or provisions in laws which undermine freedom of speech, expression and assembly, namely the Printing Presses and Publications Act, the Official Secrets Act, the Sedition Act, and Section 27 of the Police Act;
3. The recognition of the status and rights of refugees and asylum seekers;
4. The ratification of all remaining core international human rights treaties, noting that Malaysia has only ratified two of the nine core treaties – and even so, with reservations; and
5. The strengthening of SUHAKAM’s independence and effectiveness, and the implementation of the Commission’s recommendations.

In response to the increasingly serious human rights abuses and the heightened intolerance towards dissent and opposition as witnessed in 2009 and 2010, SUARAM noted that it will also heighten its role as a watchdog of the BN federal government as well as both the BN and Pakatan Rakyat state governments, and further warned that failure to heed the increasingly popular calls for human rights compliance would result in the unpopularity and eventual downfall of any government in power.