Search Results

Translation in Malay is provided at the end of the statement. CSO: Empower IPCC To Remedy the Public Trust Deficit in PDRM We, the undersigned, are deeply concerned by the escalating trend of police misconduct cases in recent months. These cases include a police officer having allegedly extorted and raped an Uzbek teenager in a patrol car, a police officer slapping a civilian, and a senior police officer being implicated in a hit-and-run accident that led to the death of a high school student, the arrest of a police inspector on alleged abduction of a Bangladeshi man, among others. As the largest enforcement agency in the country, the Royal Malaysian Police (PDRM) is tasked with the mandate of protecting the public. In these instances of misconduct, however, the officers have become perpetrators that pose a threat to public safety. These incidents cannot and should not be viewed as isolated crimes committed by individual actors; rather, they encapsulate a broader phenomenon within the police force perpetuated by a culture of impunity and a deficiency in implementing robust preventive measures. Moreover, this prevailing trend underscores the inadequacies inherent in the existing police oversight mechanism. We are of the opinion that the Unity Government has missed the golden opportunity to strengthen the Independent Police Conduct Commission (IPCC), which was crucial in addressing this systemic issue. Overdue since August 2023, the announcement of the appointment of five IPCC members was made by Home Minister Saifuddin Nasution about two weeks ago. This development took place after the announcement by the Enforcement Agency Integrity Commission that it would cease accepting complaints concerning PDRM personnel starting July 2023. Notably, the IPCC appointments were made without engaging with non-governmental stakeholders, particularly civil society organisations (CSOs). Upon scrutiny of the Independent Police Conduct Commission Act and the jurisdiction of the Commission, it becomes evident that the Unity Government has failed to improve the said legislation in line with input from CSOs. It is noteworthy that content in the current Act diverges from the Pakatan Harapan coalition’s stance, which rejected the IPCC Bill in 2022. The scope of IPCC is a far cry from that in the Independent Police Complaints and Misconduct Commission (IPCMC) proposed by the Royal Commission of Inquiry (RCI) in 2005. The IPCC is clearly less effective as an oversight mechanism than the already inadequate EAIC. We are concerned that Inherent structural deficiencies within the IPCC will render the oversight mechanism to be a ‘toothless tiger’, irrespective of the competence and experience of the Commission’s members. The IPCC is unable to conduct searches and seizures and make unannounced visits to police lockups. Devoid of the authority to take direct disciplinary action against offending police officers, the Commission’s jurisdiction is limited to providing recommendations to the Police Force Commission for subsequent action. Given these limitations, we harbour reservations about the IPCC’s efficacy in addressing misconduct, as its jurisdiction for investigation and enforcement of penalties is significantly restricted. Nevertheless, our commitment to work with the government to improve the Commission remains unwavering. We propose arranging a meeting between CSOs and members of IPCC at the earliest to explore avenues in ensuring effective functioning of the Commission. Concurrently, we also call on the government to implement an open and transparent selection process for the remaining two Commission member vacancies, whilst ensuring that the composition of IPCC reflects current societal diversity. It is also imperative that a periodic review of the Commission’s performance and effectiveness once every two years, with review findings presented in Parliament. Legal amendments and policy improvements must be pursued as soon as possible, in order to ensure that IPCMC’s essence, best practices and international standards are upheld. An independent and effective police oversight entity is crucial for not just the public but also the police force. The role of IPCC assumes heightened significance in light of the decline in PDRM’s reputation and subsequent widening of trust deficit by the public towards the police. We urge that transparent and impartial investigations be conducted on instances of police misconduct, so that PDRM’s integrity will be upheld and safeguarded. We also seek to work together for the public and the police force’s benefit - to help build a police force that is accountable, and trusted and respected by the public. Endorsed by: 1. Suara Rakyat Malaysia (SUARAM) 2. Centre for Independent Journalism (CIJ) 3. All Women's Action Society (AWAM) 4. Justice for Sisters 5. Gabungan Pilihan Raya Bersih dan Adil (BERSIH) 6. Undi18 7. North South Initiative 8. Liga Rakyat Demokratik 9. University of Malaya Association for New Youth (UMANY) 10. EMPOWER 11. Sisters in Islam 12. Tenaganita 13. Saya Anak Bangsa Malaysia (SABM) 14. Aliran 15. Movement for Change, Sarawak (MoCS) 16. Persatuan Pemangkin Daya Masyarakat (ROSE) 17. Pusat KOMAS 18. KLSCAH Youth 19. Malaysian Action for Justice and Unity (MAJU) 20. Pergerakan Tenaga Akademik Malaysia (GERAK) 21. Teoh Beng Hock Association for Democratic Advancement 22. Gabungan Marhaen 23. Persatuan Amal Progresif Selangor 24. Persatuan Komuniti Prihatin Selangor dan KL 25. Center to Combat Corruption and Cronyism (C4 Center) 26. JERIT – Jaringan Rakyat Tertindas 27. Gerak Malaysia 28. Borneo Komrad 29. Mamas Bersih 30. Serikat Malaysia 31. Sabah AIDS Support Services Association (KASIH) 32. ⁠Advocates for Non-discrimination and Access to Knowledge (ANAK) 33. Lawyer Kamek 34. Penan Empowerment Networking Association (PENA) 35. Independent Coalition Of Natives (ICON) 36. KLSCAH Civil Rights Committee (KLSCAH CRC) 37. Angkatan Belia Islam Malaysia (ABIM) 38. Jentayu 39. Persatuan Wanita Maju Selangor & KL 40. Agora Society 41. ICON LEGEND, Sarawak 42. Parti Sosialis Malaysia - PSM 43. Rahman Student League 44. Rahman Solidarity League 45. Persatuan Bertutur Bahasa Mandarin Malaysia Negeri Johor 46. Student Progressive Front UUM 北大前进阵线 47. Suara Siswa UUM 北大学声阵线 48. Gerakan Mahasiswa Maju UPM 49. Persatuan Bahasa Tionghua USM 理大华文学会 50. Suara Siswa UM 51. Sarawak Dayak Iban Association (SADIA) 52. Sarawak AIDS Concern Society (SACS) 53. Persatuan Aktivis Sahabat Alam (KUASA) 54. Global Bersih 55. Center for Orang Asli Concerns (COAC) 56. Amnesty International Malaysia 57. Transparency International Malaysia -------------------------------------------------------------------------------------------------------------------------------- KENYATAAN BERSAMA MASYARAKAT SIVIL MENGENAI KES SALAH LAKU POLIS DAN PEMBENTUKAN IPCC CSO: PERKASAKAN IPCC UNTUK PULIHKAN KRISIS KEPERCAYAAN PDRM Pertubuhan masyarakat sivil (Civil society organisation - CSO) yang tertulis di bawah mengambil serius terhadap trend kes salah laku polis yang kian meningkat baru-baru ini. Ini termasuk kes anggota polis yang didakwa memeras ugut dan rogol remaja Uzbekistan dalam kereta peronda polis, anggota polis menampar orang awam, pegawai kanan polis terbabit kes langgar sehingga menyebabkan kematian seorang pelajar, inspektor polis ditahan disyaki terlibat melarikan seorang warga Bangladesh, dan lain-lain lagi. Polis Diraja Malaysia (PDRM) sebagai agensi penguatkuasaan terbesar di Malaysia sepatutnya menjadi pelindung kepada masyarakat, sebaliknya dalam kes-kes sebegini, pegawai-pegawainya malah menjadi si pelaku yang mengancam keselamatan awam. Kes-kes ini tidak boleh dilihat sebagai jenayah individu tetapi suatu fenomena yang didorong budaya bebas daripada hukuman dalam pasukan polis serta kekurangan langkah-langkah pencegahan yang efektif. Trend ini juga menunjukkan mekanisme pengawasan polis sedia ada yang kurang berkesan. Kami berpendapat bahawa Kerajaan Perpaduan telah terlepas peluang keemasan untuk memulihkan fenomena ini dengan memperkasakan institusi Suruhanjaya Bebas Tatakelakuan Polis (IPCC). Setelah tertangguh sejak Ogos 2023, lebih kurang dua minggu yang lalu Menteri Dalam Negeri Saifuddin Nasution telah mengumumkan pelantikan lima orang ahli IPCC. Ini berlaku selepas Suruhanjaya Integriti Agensi Penguatkuasaan (EAIC) membuat pengumuman tidak lagi menerima aduan berhubung PDRM bermula Julai 2023. Pelantikan-pelantikan ini juga dilakukan tanpa sesi libat urus bersama pihak berkepentingan terutamanya CSO. Jika diteliti akta dan bidang kuasa IPCC sekarang, Kerajaan Perpaduan bukan sahaja tidak menambah baik mengikut pandangan CSO, malah ia tidak sehaluan dengan pendirian Pakatan Harapan sendiri yang menolak RUU IPCC pada tahun 2022. Bidang kuasa IPCC adalah jauh berbeza dengan Suruhanjaya Bebas Aduan dan Salah Laku Polis (IPCMC) yang dicadangkan oleh Suruhanjaya Siasatan Diraja (RCI) pada tahun 2005, jelas IPCC lebih tidak efektif berbanding EAIC yang sememangnya sedia lemah. Tidak kira betapa cekap dan berpengalaman ahli Suruhanjaya, kami khuatir kekurangan IPCC secara struktural hanya akan menjadikan ‘Suruhanjaya Rujukan’ (Referral Commission), ibarat ‘harimau tidak bertaring’. IPCC tiada kuasa untuk menggeledah atau menyita, tidak boleh melawat lokap polis tanpa notis awal, malah tidak boleh mengambil tindakan disiplin terhadap pesalah laku dan hanya mampu memberi cadangan kepada Suruhanjaya Pasukan Polis untuk tindakan lanjut. Kami sangsi bahawa IPCC dapat menangani isu salah laku polis secara efektif memandangkan bidang kuasanya untuk menyiasat dan menguatkuasakan hukuman adalah amat terhad. Namun begitu, kami masih bersedia untuk bekerjasama. Kami mencadangkan satu mesyuarat antara CSO dan IPCC untuk diadakan dalam masa terdekat bagi mencari jalan dalam memastikan institusi in dapat sekurang-kurangnya berfungsi secara efektif. Kami juga menyeru kerajaan untuk memastikan pemilihan baki dua orang ahli Suruhanjaya dijalankan secara terbuka dan telus. Selain itu, komposisi IPCC juga perlu mencerminkan masyarakat yang berkepelbagaian. Penilaian berkala (periodic review) terhadap prestasi dan keberkesanan IPCC perlu dilaksanakan setiap dua tahun dan dibentangkan di Parlimen. Pindaan undang-undang dan penambahbaikan dasar perlu diusahakan secepat mungkin agar ia mencapai semangat asal IPCMC, amalan baik dan piawaian antarabangsa. Satu badan pengawasan polis yang bebas dan efektif bukan sahaja penting untuk pihak awam tetapi juga kepada pihak polis. Tugas IPCC adalah kritikal terutamanya semasa reputasi dan imej PDRM semakin merosot serta defisit kepercayaan terhadap PDRM semakin melebar. Kami menyeru agar sebarang siasatan terhadap kes-kes salah laku polis dijalankan secara telus dan adil supaya integriti PDRM terpelihara. Kami juga bersedia bekerjasama bagi membina satu pasukan polis yang berakaunbiliti, dipercayai serta dihormati oleh rakyat jelata. Disokong oleh: Lihat senarai di atas. Turut hadir rakan-rakan seperjuangan daripada organisasi masyarakat sivil (CSO). More in the media: https://www.malaysiakini.com/news/693931 https://www.malaysiakini.com/news/693942 https://www.malaysiakini.com/news/693933 https://www.malaysiakini.com/news/693947 https://www.malaysiakini.com/news/693958 https://www.malaysiakini.com/news/693964 https://www.bharian.com.my/berita/nasional/2024/01/1203334/ipcc-ibarat-harimau-tak-bertaring-suaram https://www.thestar.com.my/news/nation/2024/01/22/independent-police-conduct-commission-needs-more-transparency-says-civil-society https://www.freemalaysiatoday.com/category/nation/2024/01/22/csos-want-periodic-review-of-ipcc-tabled-in-parliament/ https://www.malaymail.com/news/malaysia/2024/01/22/suaram-calls-for-strengthening-of-ipcc-to-address-escalating-police-misconduct/113854

The Kuala Lumpur High Court has swiftly granted a stay in deportation of MA Quayum in the hearing for Quayum’s habeas corpus application this morning. Suara Rakyat Malaysia (SUARAM) applauds the Kuala Lumpur High Court and the Attorney-General’s Chambers for this decision. MA Quayum, a member of the Bangladesh Nationalist Party (BNP), was apprehended in a joint operation conducted by the Malaysian police and the National Security Intelligence (NSI) of Bangladesh on 12 January at his residence in Ampang. He has been detained at the Ampang Jaya District Police Headquarters till this morning, and is in the midst of being referred to the Immigration Department Headquarters in Putrajaya. The arrest and detention are especially unwarranted, as Quayum is a UNHCR-recognised refugee and has an active UNHCR card. We demand the Immigration Department to fully comply with this court order and immediately cease any plans to deport Quayum. The reprehensible act of defying the temporary court order and forcibly deporting asylum seekers that was cruelly executed three years ago should not be repeated. As a member of the United Nations Human Rights Council, Malaysia must uphold its commitment to respect and protect refugees fleeing persecution, as well as refrain from forcibly returning them to a country where they may face harm. Violating the fundamental principle of non-refoulement would cast doubt on the MADANI government's commitment to human rights. On this note, we reiterate our call on the Malaysian government to release MA Quayum immediately and unconditionally.

We, the undersigned nine human rights organizations that defend freedom of opinion and expression, condemn the criminal charges against the filmmakers of Mentega Terbang[1]. On 17 January, the film’s producer, Tan Meng Kheng, and director, Khairi Anwar Jailani, were charged under Section 298 of the Penal Code for ‘hurting religious feelings’, a blasphemy provision. Khairi Anwar was fined RM 6,000 (approximately USD 1270), and the court ordered him to report to the police station monthly. Meanwhile, Tan Meng was fined RM 6,500 (approximately USD 1380). They both were ordered not to comment publicly about the case pending disposal of their cases. They were released under bail, and the next case hearing is fixed on 14 March 2024. The film was banned in September 2023  under Section 26 of the Film Censorship Act (2002) on the ground that it is ‘contrary to the public interest,’ two years after its release in 2021.  From early 2023, the filmmakers suffered a distressing witch hunt and faced threats from the State, non-State actors, and social media users. Instead of protecting their safety and right to expression, the State now threatens them with legal action. The producer and director have filed a legal challenge against the ban in December 2023. Section 298 of the Penal Code makes the insult of any religion a criminal offence. Monitoring of human rights violations shows that these provisions are largely used against those deemed to have allegedly insulted Islam. The enforcement of these provisions has had a disproportionate and negative impact on minority communities, political dissidents, atheists, comedians, artists, religious scholars, and others who express opinions and oftentimes, merely a reflection of lived realities on the ground, and especially as a response to questionable actions by those who wield power. While Malaysia is not a party to the International Covenant on Civil and Political Rights (ICCPR), Article 19(2) of the ICCPR is considered part of customary international law and therefore binding upon Malaysia. In General Comment 34 on Article 19 of the International Covenant on Civil and Political Rights (ICCPR), the UN Human Rights Committee stated clearly that blasphemy laws are incompatible with the right to freedom of expression except in specific circumstances laid out under Article 20(2) of the ICCPR, such as when the speech or expression in question constitutes incitement to discrimination, hostility or violence. International human rights bodies and experts have repeatedly warned that blasphemy provisions are inconsistent with international human rights law, including the right to freedom of expression and the right to freedom of religion or belief. Blasphemy provisions are arbitrary and open to abuse. They inappropriately empower government authorities to decide the parameters of religious discourse. Minority groups and individuals holding unpopular opinions are often disproportionately targeted. The enforcement of blasphemy provisions is highly problematic, especially when criminal sanctions are applied. As a result, blasphemy provisions promote intolerance by restricting the rights to freedom of expression, thought, and religion. Such prejudice can result in devastating consequences for society. Human rights law holds that restrictions on the freedom of expression placed by the State are permitted only if provided by law and in pursuit of a legitimate aim. Measures taken by the State must be necessary and proportionate to that aim. In her report to the Human Rights Council after the visit to Malaysia in 2017, the Special Rapporteur in the field of cultural rights found that ‘there is an urgent need to review and clarify the criteria for censorship of books and films and to make the decision-making process more transparent so as to guarantee freedom of artistic expression’. She also stressed that ‘the government of Malaysia needs to develop concrete plans to guarantee freedom of artistic expression’ and encouraged the government to ‘support a diversity of spaces and platforms for people to engage meaningfully with one another about culture, including in relation to issues upon which they do not agree.’ Freedom of artistic expression is an essential component of nation-building and in fostering a culture that celebrates creativity. We call upon the government to Immediately and unconditionally, drop the charges against Tan and Khairy. We also urge the Madani government to end the criminalisation of religious offence and the use of other vague provisions in the law to curtail freedom of expression and artistic freedom in Malaysia. It is time for the government to adopt a comprehensive and evidence-based national implementation plan on Human Rights Council Resolution 16/18 and the Rabat Plan of Action to promote inclusion and implement measures to guarantee equal and effective protection of the law while respecting the right to freedom of expression. In addition, we urge the Malaysian government to repeal or amend all laws restricting freedom of expression in Malaysia, including the Sedition Act, Film Censorship Act, Communication and Multimedia Act (CMA), Printing Presses and Publications Act (PPPA), Sections 504 and 505(b), and Sections 298 and 298A (1)  of the Penal Code, and to ensure that they comply with international human rights laws and standards. During the upcoming 4th Universal Periodic Review (UPR) session at the Human Rights Council in Geneva in January 2024, the government has another opportunity to renew its commitments to human rights protection by signing and ratifying the International Covenant on Civil and Political Rights (ICCPR), and all other major international human rights treaties. [1] “Mentega Terbang” which was released on streaming site in 2021 tells the story of 15-year-old Aishah as she struggles with questions about life after death in various religions when faced with her mother’s terminal illness. Conservative groups complained that the film went against Islamic religious doctrine. Signatories 1.     ARTICLE 19 2.     Amnesty International Malaysia (AIM) 3.     Centre for Independent Journalism (CIJ) 4.     Freedom Film Network (FFN) 5.     Gerakan Media Merdeka (Geramm) 6.     Justice for Sisters (JFS) 7.     KRYSS Network 8.     Sisters In Islam (SIS) 9.     Suara Rakyat Malaysia (SUARAM) Read statements by Freedom Film Network: https://freedomfilm.my/charges-against-mentega-terbang-cloud-malaysian-film-industrys-future/93779/?fbclid=IwAR0XxcxU5qQGIk8CvbPwfPqOVOHxU-LJ0S19C36oZCLe1YZDqA8cjmjsMB4 https://freedomfilm.my/tuduhan-terhadap-mentega-terbang-menggugat-masa-depan-industri-perfileman-malaysia/93788/

Today, 15 organisers and/or speakers of the #Kepung Demi Palestin rally, including myself, were called in to record statements and assist with investigations under Section 9(5) of the Peaceful Assembly Act (PAA) 2012. This investigation is an absolute waste of time, when the six-day assembly was conducted in a peaceful manner whilst the police were present to ensure public safety. On this note, investigating 15 organisers and speakers unnecessarily consumes limited police resources, when these officers and time spent could have been directed towards actual crime cases. Moreover, post-assembly investigations, a longstanding tactic by the police, are also an act that intimidates individuals and disincentivises them from legitimately exercising their right to express themselves collectively and on a wider level, political participation. As long as non-violence is upheld, the right to peacefully assemble is inalienable, regardless of whether notice has been given or not. The police’s role to facilitate, and not to arbitrate on, public assemblies is clear in PAA 2012, not only by justifications of need for preparation time to ensure peace and security from current and past Home Ministers to retain the notification requirement, but also via the absence of provisions stipulating that assemblies held without giving notice are unlawful. Equally importantly, the violence against the Palestinians in the Gaza Strip is an urgent human rights atrocity of not only high public interest but also volatile in developments. This makes the organisation of spontaneous assemblies inevitable. Current investigations only reinforce the reprehensible fact that such assemblies are generally not allowed, perpetuated by factors some of which I have mentioned, such as the lack of concerted understanding by the police force in their role to facilitate public assemblies. Full sensitisation of the police force to truly uphold and protect the fundamental right to peaceful assembly is long overdue, when the PAA was enforced 11 years ago. With the start of 2024, also the year for Malaysia to reaffirm its human rights commitments through the Universal Periodic Review, it is also time for the police to reaffirm theirs as well, via a reduction in post-assembly investigations against peaceful protests in general, and increased cooperation to facilitate spontaneous public assemblies. In solidarity, Sevan Doraisamy (Executive Director at SUARAM)

Current use of the Security Measures (Special Offences) Act 2012 (SOSMA) to arrest alleged drug syndicate members in Sabah sets a concerning precedent for increasingly arbitrary application of the procedural law to combat organised crime. The difficulty to “nab syndicate leaders or masterminds” is senseless in this case when the leader of the syndicate is already apprehended. Furthermore, with the information publicly disclosed about the syndicate’s activity, it seems that the police already have adequate leads for subsequent investigations, for which the usual remand process with necessary extensions under the Criminal Procedural Code (CPC) would suffice. It is also noteworthy that the DIGP has had success busting a transnational syndicate in his previous tenure as police chief of Johor in 2020 without using SOSMA. Under his leadership, a syndicate trafficking drugs to Indonesia was crippled after a series of raids around Johor Bahru and Muar, and all suspects were remanded for seven days for investigations under relevant provisions under the Dangerous Drugs Act 1952 and Poisons Act 1952. Thus, having the biggest drug syndicate in the state that is also operating transnationally is not a sufficient basis for the use of SOSMA. With the above reasoning, we can only surmise that SOSMA was used to maximise the period of detention of the suspects involved, which is commonly the case. Cases managed by SUARAM highlight hit-and-miss arrest and detention of individuals with little to no actual organised crime affiliation who were at the wrong place at the wrong time, based on activities such as donations that have little to no correlation with terrorist activities. Contrary to the DIGP’s claim, SOSMA is not more effective than existing laws. Laws are but one prong of a multifaceted strategy to nip drug trafficking and with it, drug abuse, in the bud. The Dangerous Drugs Act 1952 is sufficient for enforcement purposes, alongside scaled-up implementation of evidence-based education and rehabilitation programmes and other holistic initiatives. Moreover, SOSMA is also a breeding ground for abuse of power, through extended incarceration and absence of fair trial safeguards including the admissibility of evidence obtained by torture, oppression or even fabrication. At this rate, we would be tethered to a slippery slope to increasingly draconian crackdowns on crime that perpetuate human rights violations and make a mockery of our criminal justice system. On this note, we urge the police to investigate the 10 suspected drug syndicate leader and members using the remand process under the CPC. Concretising the commitment to amend and eventually abolish SOSMA is also essential, in light of not only violations of the right to fair trial but also the inevitable cascade effect of extended incarceration of detainees on the socioeconomic wellbeing of their families. As such, we demand the government to table the long-overdue amendments to the procedural law by the earliest parliamentary sitting in 2024, alongside a specific timeline by which SOSMA will be abolished.

Suara Rakyat Malaysia (SUARAM) proudly announces two recipients of the 25th SUARAM Human Rights Award: Light Brigade and Family Frontiers’ Network of Malaysian Mothers for Equal Citizenship (“Family Frontiers”). In recognition of their impactful work on right to education and citizenship rights respectively, both awardees will each receive a certificate, trophy and a prize of RM500.00. Light Brigade, comprising three secondary school girls from Kota Belud, Sabah, demonstrated exceptional courage and persistence in the face of hindered access to education. Faced with negligent teachers and school administrators, these students took their case to court in 2020. Their three-year journey culminated in a court victory in 2023, overcoming tribulations such as testifying without legal representation and facing reprisals from Ministry of Education officials. Despite being children and the lack of support at the time, their fearless defence of the fundamental right to education – a right that many of us easily take for granted – is exceptional. Family Frontiers, a peer support network consisting of 250 Malaysian mothers impacted by gender-discriminatory citizenship laws, evolved into a formidable entity that advocates for the constitutional amendment to confer Malaysian women with foreign spouses the equal right to confer citizenship on their overseas-born children. Among initiatives undertaken by these mothers to have their voices heard, with support from the Association of Family Support & Welfare Selangor & Kuala Lumpur, included strategic litigation and experience-sharing on mainstream and social media. These efforts have elevated their issues to the national and global stage, demonstrating resilience and dedication to their cause. The award ceremony also recognised the work of nine other nominees: ● Apa Kata Wanita Orang Asli (AKWOA) – a collective comprising young Orang Asli women from Peninsular Malaysia. AKWOA engages in capacity-building activities with Orang Asli youth, such as workshops, film production and screening etc. ● Dewan Belia India Malaysia – a three-month youth programme that brought together Indian youth aged 16 to 30 to discuss and debate national policies. It also involved online presentations of proposals for five ministries. ● Pertubuhan Kebajikan Keluarga Kasih (Kekasih) – a NGO that empowers family members of inmates on death row and life sentences via advocacy and awareness programmes in collaboration with the Anti-Death Penalty Asia Network (ADPAN). ● North South Initiative (NSI) - a cross sector-based consortium that engages in case management, strategic litigation, policy and international advocacy, community capacity-building etc to protect and promote migrant and refugee rights. ● Persatuan Penduduk Laman Gahal (Pelaga) – a NGO that advocates for better community welfare and safety, especially in the context of land development and natural disasters. ● Pertubuhan Kebajikan Sebaran Kasih Malaysia – a NGO that empowers families with incarcerated members through upskilling, facilitating access to support services and other interventions. ● SIUMAN Collective – an organisation that engages in online and international advocacy to improve rights of persons with disabilities in Malaysia. ● Tiada.Guru – a group of anonymous Ministry of Education whistleblowers founded in rural Sabah that works to end corruption in education and combat extreme teacher absenteeism. ● University of Malaya Association of New Youth (UMANY) – a student group that advocates for the abolishment of the Universities and University Colleges Act (AUKU), as well as other issues affecting university students and human rights violations. SUARAM extends its heartfelt congratulations to all awardees and nominees. Their work serves as an enduring inspiration and reinforces our joint commitment to shaping a Malaysia that truly respects, recognises and upholds universal human rights for all.

After three years of political and socioeconomic uncertainties, the unity government with its proclaimed commitments for reform was a source of hope for many Malaysians. There is increased receptivity by the current administrations to engage with civil society on human rights issues. Commitments to legislative reform were also made. Despite this, substantive progress in creating an enabling environment for not only regular Malaysians to fully exercise their civil and political rights, but also vulnerable groups to live without fear and violence, remains limited. Laws that violate the right to fair trial continue to be applied. SUARAM documented 3196 cases of arrests, detention and charges related to human trafficking under the Security Offences (Special Measures) Act 2012 (SOSMA). There were 249 arrests under the Dangerous Drugs (Special Preventive Measures) Act 1985 (DDA85). Whilst the government is receptive to amending SOSMA, no explicit timeline was given. How the government can ensure protection of fundamental rights of individuals whilst continuing to use SOSMA for its touted purposes of national security and public order is also uncertain, in light of the negative socioeconomic cascade effects that SOSMA has on families of detainees. Realisation of right to justice remains precarious for individuals and families affected. SUARAM documents 13 death-in-custody (DIC) cases this year, with close to 85% of them under police custody. This does not reflect actual DIC prevalence, due to the longstanding issue of lack of data transparency. Access of justice for families involved is also challenging and protracted. There is no commitment by the current administration to improve the Independent Police Conduct Commission Act 2022 (IPCC) - one of the pledges by the Pakatan Harapan coalition in its election manifesto last year. Significant regression is seen in freedom of expression. Key laws such as the Sedition Act 1948 and Section 233 of the Communications and Multimedia Act 1998 continue to be enforced. More explicit measures such as warnings by members in government and the setup of a investigation task force were implemented to exert more restrictive control over discourse related to race, religion and royalty. Five bans were enacted under the Printing Presses and Publications Act 1984, comprising four books and the Swatch Pride watch. Restrictions to exercise freedom of peaceful assembly persist. Investigations against organisers and/or participants after, and in some cases, before public assemblies, persist. SUARAM documented the number of individuals investigated to be at least 80 this year. Four activists and civilians were charged under the Peaceful Assembly Act 2012. Tactics seen in previous years such as police barricade, arrest and detention of individuals and pre-rally warnings are still used in public assemblies organised by the political opposition or held in significant public spaces such as Parliament. Six state elections and five by-elections are held this year. An emerging issue is the misuse of MyKad for voting, whereby the Royal Malaysian Police received as many as 94 complaints. Abuse of government resources persists, due to the lack of strong legal frameworks to define and circumscribe powers of caretaker and non-caretaker governments. Freedom of religion and belief is still restricted, in light of selective application of blasphemy laws, as well as longstanding practices of prosecution of religious minorities and moral policing by state religious authorities. In corruption and governance, commitment to legislative reform is seen in the passing of the Public Finance and Fiscal Responsibility Act 2023 and ongoing drafting of the Ombudsman Bill, but no timeline for reform is given on the separation of the offices of the Attorney-General and the Public Prosecutor. The government’s commitment to tackling corruption and governance is also diluted by the extension of Chief Commissioner Azam Baki’s tenure within the Malaysian Anti-Corruption Commission and continued lack of transparency in government-linked company political appointments. Preliminary efforts are undertaken by the government to improve the welfare of migrants and refugees, such as the launch of forced labour guidelines and the commitment to implement a policy for refugees that will give them access to employment, health and education. Nevertheless, such efforts will not come full circle, when investigations and raids by law enforcement persist and political will to align with global human rights standards on migrant and refugee protection is still lacking. Human rights of LGBTIQ and gender-diverse people continue to regress in 2023, as evidenced by wide-ranging state-led efforts that restrict their rights. This is seen in a spike in censorship of LGBTIQ expressions, increase in violence including hate speech, introduction of anti-LGBT Syariah laws and expansion of conversion practices. At least two murders of trans women were documented. In the face of climate disasters faced by Malaysia such as floods and heatwaves, the nation’s ability to effectively tackle them remains limited, due to climate and welfare policies that are not yet fully responsive to the Rakyat’s needs. As Malaysia undertakes green transition, there is also the need to strengthen accountability frameworks to safeguard environmental rights, including those of environmental human rights defenders. Read the full report here.

Judicial harassment was the most common violation experienced by human rights defenders (HRDs) in Asia from 2021 to 2022. State actors–such as the police–were the top perpetrators. The forum coincides with the 25th anniversary of the UN Declaration on Human Rights Defenders, which requires states to protect HRDs. Nevertheless, violations against HRDs still persist in Asia. HRDs call for stronger mechanisms for protecting and creating an enabling environment for human rights work. KUALA LUMPUR, Malaysia – Together, we are stronger. This collective call echoed throughout the 10th Asian Regional Human Rights Defenders Forum, which brought together some of Asia’s most courageous voices. Held from 1 to 3 November 2023 in Kuala Lumpur, Malaysia, the forum provided a platform for over 200 human rights defenders (HRDs) to discuss their shared advocacies, struggles, and hopes for promoting and protecting fundamental rights and freedoms across Asia and beyond. The forum expressed deep concern on the situation in Occupied Palestine Territory and Israel, particularly the indiscriminate bombing and military operations in Gaza by Israel that bears hallmarks of genocide. Participants called for an immediate ceasefire and end to the ongoing siege of Gaza by Israel as well as for unfettered access for humanitarian aid to Gaza. Likewise, defenders called for accountability and an investigation into the alleged war crimes and crimes against humanity committed by both Israeli military forces and Palestinian armed groups. The forum also celebrated the invaluable work of HRDs, emphasising the need for innovative ways of supporting them amid increasingly hostile environments in the region. In addition, an art exhibit was set up to commemorate the courageous acts of Asian human rights defenders while also showcasing the creativity of young Asian artists, highlighting the power of arts and storytelling as advocacy tools. The three-day forum was organised by the Asian Forum for Human Rights and Development (FORUM-ASIA) alongside Pusat KOMAS and Suara Rakyat Malaysia (SUARAM). Violations against human rights defenders This year’s forum coincided with the 75th anniversary of the Universal Declaration on Human Rights and the 25th anniversary of the UN Declaration on Human Rights Defenders. The latter requires states to protect HRDs in recognition of their crucial contributions to ‘peace, sustainable development, and human rights.’ Unfortunately, violations against HRDs still persist in Asia. In 2021 and 2022 alone, FORUM-ASIA documented 1,636 cases of violations which affected 4,440 defenders–alongside their families, organisations, and communities–across 22 monitored Asian countries. The exact numbers, however, may be higher as cases often go unreported. Judicial harassment was the most common violation, followed by arbitrary arrests and detention, physical violence, and intimidation and threats. At worst, such cases may result in enforced disappearances, killings, and deaths. Other violations included administrative harassment, restrictions on movement, surveillance, vilification, and abduction. Among all HRDs, pro-democracy defenders were at most risk. Meanwhile, women human rights defenders and sexual orientation and gender identity rights defenders often experienced gender-based harassment. Community-based defenders–including land and environment defenders, indigenous peoples’ rights defenders, and grassroot activists were the third most affected group. Other targeted HRD groups included media workers, students and youth, non-governmental organisations, and minority rights defenders. Most violations were committed by state actors, with the police topping the list of perpetrators. Among those who have experienced judicial harassment are FORUM-ASIA members Khurram Parvez in Kashmir, Adilur Rahman Khan in Bangladesh, Cristina Palabay in the Philippines, among many others. FORUM-ASIA is in solidarity with all the defenders facing harassment. ‘I want to emphasise that the government recognizes that human rights defenders and civil society organisations play an indispensable role in advocating for the rights and concerns of marginalised communities. They act as watchdogs, exposing injustices, discrimination, and human rights violations that might otherwise go unnoticed,’ Malaysian Minister of Science, Technology, and Innovation YB Chang Li Kang said during the forum. Hopeful for Asia Despite the many challenges, HRDs in Asia are not giving up. ‘Indeed, we are stronger together. This year alone, human rights defenders and organisations have overcome tremendous challenges in the region. We are never keeping silent, we will continue to demand justice and accountability not only here in Malaysia but across Asia and beyond,’ said Jerald Joseph, Chairperson of FORUM-ASIA and Director of Pusat KOMAS. Since 2001, FORUM-ASIA has been organising the biennial forum with the goal of fostering meaningful collaborations among HRDs as well as enhancing HRDs’ engagement with the United Nations special procedures mandate holders and other regional and sub-regional human rights mechanisms. ‘FORUM-ASIA envisioned this event to serve as a safe space, where each and every one of us can freely express our ideas and opinions regarding Asia’s latest human rights situation. Together, let us renew our commitment to respond to the imperatives of the times. We need stronger mechanisms for protecting and creating an enabling environment for human rights work,’ said Mary Aileen Diez-Bacalso, Executive Director of FORUM-ASIA. # About FORUM-ASIA The Asian Forum for Human Rights and Development (FORUM-ASIA) is a network of 85 member organisations across 23 countries, mainly in Asia. Founded in 1991, FORUM-ASIA works to strengthen movements for human rights and sustainable development through research, advocacy, capacity development and solidarity actions in Asia and beyond. It has consultative status with the United Nations Economic and Social Council, and consultative relationship with the ASEAN Intergovernmental Commission on Human Rights. The FORUM-ASIA Secretariat is based in Bangkok, with offices in Jakarta, Geneva and Kathmandu. www.forum-asia.org For media inquiries, please contact: Communication and Media Programme, FORUM-ASIA, communication@forum-asia.org About Pusat Komas Pusat Komas Komas is a human rights civil society organisation that advocates against racism and racial discrimination in Malaysia. www.komas.org For more information, please contact: Dr. Ryan Chua Programme Director ryanc@komas.org About SUARAM Suara Rakyat Malaysia (SUARAM) is a non-governmental organisation established in 1989 to monitor and advocate for the respect of human rights in Malaysia. Through its consistent and uncompromising work, it has established itself as one of the key human rights organisations, one to which Malaysians turn for information and support. www.suaram.net For more information, please contact: Mr. Sevan Doraisamy Executive Director ed@suaram.net

Tindakan yang diambil oleh pegawai dari Pejabat Tanah dan Galian (PTG) serta pihak polis terhadap petani serta aktivis semasa pengusiran paksa di Kanthan, Tambun adalah sesuatu yang tidak wajar. Berdasarkan maklumat terkini yang dikeluarkan oleh Parti Sosialis Malaysia (PSM), seorang pegawai PTG dengan secara kerasnya telah melanggar aktivis, Chong Yee Shan sehingga beliau jatuh ke tanah bagi menghalang jentolak dan jengkaut untuk mengusir enam petani di Kanthan pagi ini. Chong mengalami kecederaan di bahagian hidung dan mulut serta patah gigi berikutan daripada tindakan pegawai tersebut. Pada 2.05 petang, tiga aktivis dan seorang petani, termasuk Dr Michael Jeyakumar Devaraj, Pengerusi PSM kemudiannya ditahan polis. Ini berlaku selepas usaha petani dan ketiga-tiga aktivis tersebut menghalang percubaan PTG untuk merobohkan tanah petani semasa rundingan sedang dijalankan. Semua pihak berkuasa kerajaan, tanpa mengira mandat dan pangkat seharusnya bertanggungjawab serta menjalankan tugas dengan adil dan berintegriti. Ini termasuklah tidak menggunakan kekerasan di samping mengangkat hak, kesejahteraan dan kebajikan orang yang mereka berkhidmat, termasuk aktivis yang tanpa jemu berjuang demi komuniti rentan dan terpinggir. Kekerasan fizikal dan penahanan sewenang-wenang oleh pegawai penguatkuasa dari PTG dan pihak polis merupakan pelanggaran kepada hak untuk kebebasan dan keselamatan orang semua petani dan aktivis yang terlibat. Perkara ini juga mengekalkan ketidakadilan kepada pemindahan, kehilangan mata pencarian dan ketiadaan perlindungan perundangan terhadap petani dimana sehingga hari ini mereka masih belum menerima alternatif penempatan semula seperti yang dijanjikan oleh Perbadanan Kemajuan Negeri Perak (PKNP). Kami menuntut pihak polis untuk segera membebaskan empat orang aktivis yang ditahan, salah seorang daripadanya, seorang petani termasuk memulakan siasatan terhadap tindakan kekerasan oleh pegawai PTG terhadap Chong. Kami menggesa Dato' Seri Anwar Ibrahim, ahli Parlimen kawasan Tambun, untuk segera melihat kesahan pengusiran paksa oleh Pejabat Tanah, di samping memantau proses yang inklusif, konsultasi yang telah berlaku dan kesannya terhadap petani dan pemegang taruh lain.

[Updated Version] Actions taken by enforcement officers from Ipoh’s Land Registry Office (PTG) and the police towards farmers and activists during the forced eviction at Kanthan, Tambun, are nothing but appalling. Based on verified updates released by Parti Sosialis Malaysia (PSM), a PTG officer violently shoved activist Chong Yee Shan to the ground to make way for bulldozers and excavators to evict six farmers in Kanthan this morning. Chong suffered injuries to her nose and mouth as well as broken teeth as a result of this thrust. At 2.05pm, three activists and one farmer, including PSM Chairperson Dr. Michael Jeyakumar Devaraj, were subsequently arrested by police. This took place after farmers and activists’ efforts to prevent PTG’s attempts to demolish the farmers’ land whilst negotiations were ongoing. All government officials, regardless of rank and mandate, have the responsibility to ensure that they conduct their duties with fairness and integrity. This includes non-violence as well as upholding rights, wellbeing and welfare of the people whom they serve, including activists who tirelessly advocate for the most vulnerable and marginalised communities. The physical violence and arbitrary arrest by enforcement officers from PTG and the police constitute a clear breach of these values – by not only grossly violating the fundamental right to liberty and security of person of all farmers and activists implicated, but also perpetuating injustices of displacement, loss of livelihoods and absent legal protection against the farmers when they have yet to receive alternatives for relocation as promised by the Perak State Development Corporation (Perbadanan Kemajuan Negeri Perak; PKNP). We demand the police to immediately release the four activists and farmer, as well as initiate investigations into the act of violent shoving by the PTG officer against Chong. We also urge Dato’ Seri Anwar Ibrahim, also the member of Parliament for the Tambun constituency, to swiftly look into the legality of the forced eviction undertaken by PTG, whilst observing inclusive processes including consultations undertaken with implicated farmers and other stakeholders.

Suara Rakyat Malaysia (SUARAM) strongly denounces the arrest, overnight detention and remand of an overseas-based Malaysian book editor Kean Wong under the Sedition Act - over a book cover featuring a modified national coat-of-arms published three years ago. Kean Wong has also been unjustifiably retained in the police’s suspect list and subject to arrest upon return to the country since 2020. On 16 October 2023, Kean Wong was detained at the Kelana Jaya Immigration Department, and subsequently detained overnight at Dang Wangi police station. On 17 October 2023, the magistrate granted a 1-day remand for the police to resume investigations on Kean Wong. To date, whilst the police released a statement that Kean Wong is released, the probe against the editor continues. All aforementioned actions by the authorities are excessive, as it was already clarified three years ago that the image concerned was from an oil painting, which was even at one point publicly exhibited six years prior in 2014 with no issues when the Barisan Nasional administration was still in power. More importantly, the subject of alleged contention here is not even the crux of the book, i.e., its content and arguments on the 2018 general election and the country’s transition to the Pakatan Harapan administration. Intimidation tactics from investigations to court charges against production of parody images are not new, with one of the more recent ones being Fahmi Reza’s arrest and detention over his ‘Sultan’ Mojo Jojo cartoon in 2022. Actions taken by the authorities in 2020 towards the modified coat-of-arms image, from the Gerak Budaya raid to book ban by the Home Ministry, were deplorable enough. Through the re-enactment of draconian tactics of arrest and detention, it is worryingly clear that we have before us a government with precarious commitment to uphold our fundamental freedom of expression, and a police force with concerningly misplaced priorities when these resources could have been better used to deter serious crimes that jeopardise public safety. Equally importantly, the problematic environment in which critical debate on issues of public interest and artistic expression continue to be criminalised and censored remains intact, especially because draconian laws such as the Sedition Act remain in place. As the flagbearer of institutional reform, it is a moral imperative that this government take concrete steps in protecting and upholding freedom of expression for all. We thus demand that: The probe against Kean Wong be ceased immediately. Existing laws that curtail freedom of expression including the Sedition Act and Section 233 of the Communication and Multimedia Act be repealed, with moratoria implemented pending repeal.

Suara Rakyat Malaysia (SUARAM) mengambil serius mengenai dakwaan yang dilaporkan oleh ‘New Straits Time’ bahawa seorang pegawai polis yang bertugas di Jabatan Siasatan Jenayah Narkotik (JSJN) Ibu Pejabat Polis Daerah (IPD) Klang Selatan telah menyeksa seorang suspek dengan memukul bahagian tapak kakinya menggunakan rotan. Apa yang membimbangkan lagi adalah pegawai-pegawai polis lain dalam video tersebut dikatakan tidak mengambil tanggungjawab untuk menghentikan penyeksaan tersebut. SUARAM mengecam segala bentuk penyeksaan dan kekerasan polis terutamanya di dalam tahanan. Kami menggesa agar tindakan penggantungan tugas pegawai tersebut harus dilakukan dengan serta-merta. Siasatan polis pula perlu dijalankan oleh pegawai inspektor dari Ibu Pejabat Polis Kontigen (IPK) Selangor dan bukannya dari IPD Klang Selatan bagi mengelakkan sebarang konflik kepentingan individu. SUARAM juga menyeru agar Ketua Polis Negara Tan Sri Razarudin bin Husain mengeluarkan satu amaran tegas dan perintah tetap (IGSO) untuk menghentikan kaedah penyeksaan semasa tahanan dan penyiasatan. Kementerian Dalam Negeri (KDN) dan Polis Diraja Malaysia (PDRM) perlu mengambil tindakan sewajarnya untuk mengkaji semula prosedur operasi standard (SOP) siasatan polis. PDRM perlu memenuhi standard antarabangsa dan menerima pakai Prinsip Mendez di mana segala penyiasatan dan pengumpulan maklumat harus berdasarkan pematuhan kaedah saintifik, kedaulatan undang-undang, etika dan hak asasi manusia, dan bukannya melalui kekerasan atau penyeksaan. SOP siasatan polis serta sistem akauntabiliti polis perlu dikukuhkan dengan segera bagi memulihkan kepercayaan umum terhadap pihak polis.