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27 April 2022 In 2021, Malaysia continued to grapple with political turmoil arising from the notorious ‘Sheraton Move’ and the concomitant resurgence of Covid-19. The political crisis, which stemmed from the alleged loss of the parliamentary majority by former Prime Minister Muhyiddin Yassin, resulted in the country being put under abrupt emergency rule and haphazard lockdowns. The nationwide emergency announced on 12 January 2021 purportedly to curb the Covid-19 pandemic, was widely regarded as a political move by the embattled Prime Minister to suspend parliament when his parliamentary support was on the brink of collapse. For much of the year, the Perikatan Nasional government managed to govern without any parliamentary scrutiny. In early August, political stability was tentatively restored with Muhyiddin’s resignation. His successor, Ismail Sabri, swiftly negotiated with the opposition bloc for a political ceasefire and a bi-partisan memorandum was signed between both parties. The new government was held accountable to deliver on several promises, including the implementation of the voting right of 18-year-old, the tabling of an anti-hopping bill and various parliamentary reforms in return for conditional support from the opposition. Within the span of unfolding political uncertainty and suspension of parliamentary democracy, the resurgence of Covid-19 in 2021 wrecked serious damage upon the nation’s economy and public health. The government re-introduced its movement control order (MCO) at the beginning of the year, in response to the unprecedented surge in daily Covid-19 cases and deaths. Consequently, outdoor activities were restricted to curb the spread of the Covid-19 virus. Compared to the previous year, the economic and social impact of the lockdown in 2021 was purportedly much more severe, reflected in the reported increase in suicides and distress calls while unemployment figures continued to escalate. The economic hardships in 2021 even led to the launching of an unofficial “white flag movement” by Malaysian citizens, where individuals and families facing financial difficulties would raise white flags outside their residences as a cry for financial and food assistance. Malaysia’s human rights situation deteriorated further in 2021, with the government clamping down on freedom of expression and assembly to stifle dissent, amid worsening political instability in the first half of the year. Security laws that violate the right to fair trial continued to be abused throughout the year where SUARAM’s media monitoring has tallied 146 individuals arrested under SOSMA, and 245 under POCA in 2021 while the government’s official data revealed an alarming total of 369 and 2,832 individuals arrested under SOSMA and POCA from 2020 – 2021. Therefore, the pandemic and the restriction of movement did not diminish the use of such laws, but instead provided a ‘rationale’ for the government to continue manipulating these laws on the grounds of ‘crime-prevention’, especially during pandemic times. SUARAM has also noted that the security laws were mainly used to tackle organised crime. While there had been occasional court judgements 8 ruling in favour of the right to fair trial as opposed to the use of security laws, overall, there was very little political will to abolish the elements of detention without trial of such laws. The situation pertaining to the right to justice was equally concerning in 2021. Incidents related to police abuse of power showed no sign of decreasing, while cases of deaths in police custody were periodically reported. Between April and May, the series of reported deaths in police custody drew public outrage and shock. The 21 deaths in custody documented by SUARAM in 2021 is a cause of concern when there were only 8 deaths documented in 2020. Furthermore, throughout 2021, issues involving chain remand and torture continued to occur, with no accountability and oversight. Freedom of expression suffered a major setback in Malaysia when the government manipulated its emergency powers to enact a fake news ordinance. Although the ordinance was purportedly meant to deter the creation and circulation of ‘fake news’ related to Covid-19 and the emergency proclamation, the lack of parliamentary oversight and the law’s resemblance to the repealed AntiFake News Act 2018, indicates a high potential for it to be abused as a tool to silence political dissent. 12 individuals have been found to be charged under the fake news ordinance when it was enforced from March 2021 – October 2021. Besides the fake news ordinance, other repressive laws, namely the Sedition Act 1948 and Communications and Multimedia Act 1998, were frequently used to investigate social activists such as Fahmi Reza, Mohammad Alshatri, Mohammad Asraf for creating ‘political dissent’ against the government. While the freedom to assemble was exercised regularly by activists in 2021, they were not spared from police intimidation. Many individuals who took part in these assemblies were investigated under the Peaceful Assembly Act 2012. Likewise, Human Rights Defenders and political activists continued to be called up, and at least 87 individuals were investigated under the act, according to SUARAM’s monitoring. SUARAM’s people before profit desk has noted that various state and non-state actors in 2021 were complicit in various human rights violations under the guise of development, despite the pandemic. Notable cases had included the Selangor state government’s attempt to de-gazette the North Kuala Langat Forest Reserve and the Penang South Reclamation Project which aims to create three artificial islands. Electoral democracy was suspended in the first half of 2021, due to the emergency order and Covid19 pandemic. Following the lifting of the emergency, two state elections in Malacca and Sarawak were held in the second half of the year. The government also dragged its feet over the implementation of reforms to lower the voting age. Together with the rather dubious registration process of new political parties, these delays resulted in the derailing of the right of political participation for Malaysians. Women and LGBTQI communities living in Malaysia continued to face severe human rights challenges in 2021. Certain politicians and right-wing organisations harped on gender and sexuality 9 issues to gain political mileage. Of particular concern are the proposed amendments to the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355). If passed, the amendments will amount to an increase in sentencing limits under Syariah courts’ criminal jurisdiction, on the grounds of “resolving the LGBT issues”. The only bright spot was a landmark judicial victory for women's rights when the High Court ruled in favour of granting Malaysian women married to foreign spouses equal rights in conferring automatic citizenship to their children born abroad. The situation pertaining to migrants and refugees in Malaysia remained dire, with these communities continuing to face hostility and prejudice during the Covid-19 crisis. On top of ongoing systematic discrimination in migrant policies, the government had also on occasion used migrant workers as a convenient scapegoat to cover up their inefficacies in controlling the pandemic. The Human Rights Commission of Malaysia, SUHAKAM faced substantial operational challenges due to the government instability and Covid-19. During its short-lived tenure, the Perikatan Nasional government led by Prime Minister Muhyiddin Yassin decided not to allocate time for SUHAKAM’s annual report to be debated in parliament, while the pandemic limited the commission’s capacity to address and investigate human rights complaints. Lastly, the application of the death penalty continued unabated in the country throughout 2021, despite the government’s recent vote in support of a United Nations (UN) resolution favouring a moratorium on the use of the death penalty. Cases of drug trafficking remain the most significant on Malaysia’s death row, topping the list of offences involving the death penalty, and these cases continue to be plagued by injustices and inequities. This was clearly illustrated in the case of Hairun Jalmani, a 55-year-old single mother of nine, who was sentenced to death in October 2021 for possessing 113.9g of methamphetamine. Malaysia’s strict drug trafficking laws continue to influence the widespread application of the death penalty in the country, with no regard for the often vulnerable socioeconomic realities of its victims. Reported on: https://m.malaysiakini.com/news/619448 https://www.freemalaysiatoday.com/.../rights-group.../ https://m.malaysiakini.com/news/619475

Civil Society Organisations’ Joint Statement 22 March 2022 We, the undersigned Malaysian civil society organisations, firmly and unequivocally reject the Independent Police Conduct Commission (IPCC) bill which was tabled in August 2020 and is expected to be tabled for a second reading during this session of Parliament. The IPCC bill, EAIC Act and IPCMC 2005 bill The proposed IPCC is a severely diluted version of the Enforcement Agency Integrity Commission (EAIC), which is a failed institution. The design of the EAIC is itself a watered-down version of the Independent Police Complaints and Misconduct Commission (IPCMC) proposed in 2005 by the Royal Commission of Inquiry to Enhance the Operation and Management of the Royal Malaysian Police (Dzaiddin Commission). There are several glaring issues with the bill, namely: · Independence and impartiality are questionable: The IPCC’s independence and impartiality are questionable as the Minister of Home Affairs is given the authority to appoint the Secretary of the Commission, instead of the Commission collectively deciding the candidate. Also, the bill does not restrict police involvement in the Commission, thus allowing serving police officers and retired police officers to be part of the Commission. · Limited investigative powers: Compared with EAIC and IPCMC, the Commission has limited investigative powers. Its task forces do not have the powers conferred by the Criminal Procedure Code. It does not have the power to conduct search and seizure in its investigations; it cannot visit lockups or any places of detention without prior notice; on top of that, it has limited power to compel the surrender of documents and evidence if they are deemed ‘prejudicial to national security or national interest’. · Lack of enforcement powers: The IPCC bill deprives the Commission of enforcement powers as it removes disciplinary power or the power to compel actions based on recommendations made by the Commission. Upon finding any police misconduct, the Commission can only refer its findings to the Police Force Commission with a recommendation for disciplinary action. The Commission has no authority to compel the Police Force Commission to act or to report its actions to the IPCC within a stipulated time frame. Police brutality and abuse of power violate basic human rights and pose serious threats to civilians. Over the years, enforced disappearances, torture, ill-treatment and deaths in custody have been rampant. By shelving the IPCC bill and immediately tabling a new Bill that enshrines the initial objectives and purpose of the the IPCMC as proposed by the bill drafted by the Royal Commission of Inquiry, the government can: · Restore public trust According to Transparency International, the Royal Malaysian Police rank second highest for perception of corruption, with 30% of Malaysians perceiving the institution as corrupt. When there is an absence of public trust in the police, the police can neither enhance their effectiveness nor defend the legitimacy of their actions. Worse still, where there is no policing by consent, policing is likely to take more arbitrary and violent forms. A dangerous, downward spiral of disengagement ultimately leads to spikes in violence and vigilantism, threatening the safety of citizens and the police alike, thereby further damaging public trust. Hence, reviving the IPCMC bill is a highly urgent and important task, not only to restore the police's long-tarnished reputation, but also to rebuild police-community trust and to break the cycle of violence. · Ensure transitional justice Moreover, the IPCMC aims to pursue transitional justice for the deceased by punishing the guilty and protecting our inalienable right to life that is enshrined in the Federal Constitution. Twelve deaths in police custody have been reported within the first eleven weeks of 2022. Yet, the reasons for the deaths remain unknown, and progress of the investigations has yet to be revealed, leaving the families to bear the cost of injustice and suffer from perpetual grief. We acknowledge that the police have established a Death in Custody Investigation Unit (USJKT). However, the only change we have seen is that this unit promptly issues public statements when deaths occur in police custody. The investigations continue to be carried out by the police themselves without transparency, without independent oversight, without urgency. Even though the statements released by the USJKT have caused immense public outrage and resulted in public complaints over the police’s failure to release information previously released in Parliament, no improvements have been made to the statements. Also, there have been no corresponding reports of related prosecutions or disciplinary actions. Three months since USJKT’s establishment, we have no reason to believe the USJKT has made any impact on the culture of impunity within the police force. · Fulfil state obligations As a member of the United Nations Human Rights Council, the government must demonstrate its serious commitment to preventing the tragedy and brutality of police misconduct from continuing to haunt the nation indefinitely, as well as become an exemplar of good police practices. The establishment of an independent oversight body IPCMC contributes towards the realisation of several targets under the Sustainable Development Goal 16, including target 16.1 significantly reducing all forms of violence and related death rates and target 16.3 promoting the rule of law at the national and international levels and ensuring equal access to justice for all. OUR DEMANDS We urge the Minister of Home Affairs to immediately shelve the IPCC bill and return to the drawing board to craft an IPCMC bill which shall uphold the original spirit of an oversight body proposed by the Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police (Dzaiddin Commission) in 2005. A new Bill must promote police accountability and guarantee a Commission which is: · Impartial, independent and transparent; · Mandated to receive, initiate and to conduct investigations of serious abuses committed by police and not be limited to minor disciplinary misconducts; and · Mandated with real powers to investigate, initiate action and enforce its decision. We also urge all Members of Parliament, who are endowed with reason and conscience, to reject the IPCC bill. Endorsed by: 1. Agora Society Malaysia 2. ALIRAN 3. All Women's Action Society 4. Amnesty International Malaysia 5. Angkatan Belia Islam Malaysia (ABIM) 6. Angkatan Mahasiswa UM 7. Angkatan Muda Keadilan(AMK) 8. Architects of Diversity Malaysia 9. Borneo Komrad 10. Centre for independent journalism (CIJ) 11. Citizen Lab 12. Citizens Against Enforced Disappearances (CAGED) 13. Democratic Action Party Socialist Youth (DAPSY) 14. Demokrat Kebangsaan 15. Demokrat UM 16. Eliminating Death and Abuse in Custody Together (EDICT) 17. GERAK Malaysia 18. Gerakan Guaman Rakyat (GEGAR) 19. Hak Siswa 20. HaKita 21. Institut Nyala 22. Justice for Sisters 23. Kelab Sastera MahasiswaUMS (KARMA) 24. Kesatuan Mahasiswa Universiti Malaya 25. KLSCAH Youth 26. Legal Dignity 27. Liga Demokratik Rakyat 28. Lyceum Society 稷下学社 29. L-INC Foundation 30. Malaysia Muda 31. Malaysia Youths and StudentsEvolution Johor Branch(MYSE Johor) 32. Malaysian Action for Justice and Unity (MAJU) 33. Women’s Aid Organisation 34. New Student Movement Alliance of Malaysia (NESA) 35. Parti Ikatan Demokratik Malaysia (MUDA) 36. Parti Sosialis Malaysia(PSM) 37. Pergerakan Tenaga Akademik Malaysia (GERAK) 38. Persatuan Komuniti PrihatinSelangor & KL 39. Persatuan Promosi Hak Asasi Manusia(PROHAM) 40. Persatuan Sahabat WanitaSelangor 41. Pertubuhan SerikatRakyat Malaysia 42. Pertubuhan Solidaritas 43. Pusat KOMAS 44. Save Musang King Alliance (SAMKA) 45. STATELESS.MY 46. Student Progressive Front UUM 47. Suara Mahasiswa UMS 48. Suara Rakyat Malaysia(Suaram) 49. Tenaganita 50. Teoh Beng Hock Trust for Democracy 51. The KLSCAH Women Division 52. Undi 18 53. University of Malaya Association of New Youth 54. UTM-MJIIT Voices 55. Voice of Youtharian (VOY)