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Suara Rakyat Malaysia (SUARAM) welcomes the government’s proposal to remove Section 11 of the Peaceful Assembly Act. Removal of the requirement for assembly organisers to obtain approval from venue owners eliminates a significant bureaucratic barrier that has long allowed authorities to exercise discretionary power to grant or deny permission for assemblies to be held. For assemblies held in public spaces, this proposed amendment not only rightly acknowledges that these spaces belong the public, but also strengthens the police’s role in facilitating, rather than restricting, assemblies. The immediate moratorium on all ongoing investigations under Section 11 of the Act is also a commendable move forward. Post-assembly investigations have long been one of the most prevalent intimidation tactics used by authorities against organisers and participants, even when advance notice is provided. SUARAM hopes that this moratorium will serve as a catalyst for broader structural reforms to eliminate such repressive practices entirely and foster an environment where the right to peaceful assembly is fully respected. While the removal of Section 11 is a necessary step, further reforms to the police’s approach to peaceful assemblies are crucial to ensure that the right to peaceful assembly is fully protected. The five-day notification requirement must not be rigidly applied, particularly in cases of spontaneous assemblies responding to urgent developments. International human rights standards recognise that requiring advance notification for all assemblies can unduly restrict fundamental freedoms. SUARAM urges the government to introduce clear exemptions for spontaneous assemblies to ensure that this requirement does not obstruct assemblies that arise in response to pressing issues. At the same time, the notification process must be improved to reduce unnecessary bureaucratic barriers for organisers. In past assemblies such as last year’s Women’s March, notices given in-person by organisers were not accepted by the police on the basis of technicalities such as the non-completion of all questions on the form. SUARAM calls for a review of the current notification form and procedures to ensure that only essential information required for the police to facilitate assemblies is requested, preventing unnecessary administrative hurdles that undermine the right to peaceful assembly. SUARAM also urges the government to make the notification form available online and allow digital submissions to reduce logistical barriers for organisers.

This is the second time under the Madani government that family members of SOSMA detainees have resorted to a hunger strike outside the same prison (i.e,, Sungai Buloh prison) to demand the fundamental right to fair trial. Instead of responding with accountability, the government has hindered their right to peaceful assembly under Article 10 of the Federal Constitution, deploying barbed wire barricades thus forcing these families to camp right by the roadside. This is bullying and an outright abuse of power. The families are not criminals. They are demanding what the government itself once promised: the long-overdue amendments to SOSMA. Despite engagements done with NGOs and family members of SOSMA detainees dating back two years and recommendations submitted, there has been no progress. Instead, the Madani government has reverted to the same old narrative of ‘relevance’ for SOSMA’s draconian provisions, ignoring the very reforms that many who are currently in government once championed. The government must stop hiding behind empty promises. The Home Minister and relevant policymakers must meet these families immediately and receive their memorandum. Beyond immediate engagement, the Madani government must impose without delay a moratorium on the use of SOSMA. The long-delayed SOSMA amendments, including that on bail, must also be tabled in Parliament without further excuses.

Gabungan Pilihan Raya Bersih dan Adil (BERSIH) dan Suara Rakyat Malaysia (SUARAM) mengecam kenyataan Ketua Polis Dang Wangi, yang memberi amaran kepada orang ramai agar tidak menyertai Himpunan Rakyat Benci Rasuah anjuran Sekretariat Rakyat Benci Rasuah, yang dijadual pada 25 Januari 2025 ini. Kami mengingatkan Ketua Polis Dang Wangi bahawa Perlembagaan Persekutuan adalah undang-undang tertinggi negara serta hak berhimpun dan bersuara adalah hak yang dijamin oleh Perlembagaan.  Taktik menggunakan peruntukan-peruntukan kecil seperti tidak cukup pemakluman adalah taktik lapuk yang digunakan untuk mendekam suara rakyat daripada terus dilaungkan. Apatah lagi isu rasuah ini adalah isu besar yang masih membarah dalam negara.  Tidak waras bagi pihak berkuasa yang cuba untuk menghalang himpunan aman ini dijalankan. Apakah sebenarnya yang ditakuti oleh penguasa? Adakah Ketua Polis Dang Wangi keluarkan kenyataan atas desakan mana-mana individu atau menteri dalam kerajaan atau beliau sendiri, kerana kenyataan itu membelakangkan undang-undang yang memberikan kuasa dan hak untuk rakyat mengunakan saluran itu untuk himpunan aman? Lebih baik pihak berkuasa memastikan agar perhimpunan ini berlangsung dengan aman dan tertib daripada berterusan menggunakan undang-undang untuk menakutkan rakyat berhimpun.  Bersih dan Suaram menyatakan solidariti kepada rakan-rakan daripada Sekretariat Rakyat Benci Rasuah yang akan turun berhimpun secara aman dalam Himpunan Rakyat Benci Rasuah kelak. Ini adalah manifestasi suara rakyat yang tidak lagi ingin isu-isu rasuah membelenggu negara, apatah lagi melibatkan pemimpin-pemimpin politik daripada ceruk dan celah mana pun.  Kami juga ingin menyarankan para menteri yang berada di tampuk kuasa agar bersama nyatakan solidariti bersama himpunan ini. Rakyat berhak berhimpun secara aman walaupun kalian tidak suka. Apatah lagi isu ini adalah isu yang kalian perjuangkan selama ini.  Rakyat akan terus bersuara. Jika dihalang, hanya satu kata; Lawan!  Kenyataan Bersama:  Gabungan Pilihan Raya Bersih dan Adil (BERSIH)  Suara Rakyat Malaysia (SUARAM)

The Coalition for Clean and Fair Elections (BERSIH) dan Suara Rakyat Malaysia (SUARAM) condemn the Dang Wangi Police Chief’s warning to the public not to participate in the upcoming ‘Rakyat Benci Rasuah’ rally scheduled for 25 January 2025, organised by the Rakyat Benci Rasuah Secretariat. We remind the Dang Wangi Police Chief that the Federal Constitution is the supreme law of the land, and that the right to assemble and speak freely is a fundamental freedom guaranteed by the Constitution. Using minor provisions, such as claiming incomplete notice is an outdated tactic to silence the people’s voices, especially on a critical issue such as corruption, which continues to deeply affect the country.   It is unreasonable for the authorities to attempt to obstruct this peaceful assembly from being held. Instead of carrying out their duty to facilitate the rally so that it is carried out in a peaceful and orderly manner, the authorities continue to use the law to intimidate the public from exercising their constitutional right to assemble. This attempted obstruction raises questions about whether the Dang Wangi Police Chief’s statement was made under pressure from policymakers in government or as an independent decision, further undermining the public's right to peaceful assembly guaranteed by the Constitution.   BERSIH and SUARAM stand in solidarity with the Rakyat Benci Rasuah Secretariat as they take to the streets. The peaceful ‘Rakyat Benci Rasuah’ rally is a manifestation of the people’s will to, once and for all, put an end to corruption, an issue that continues to plague the country involving political leaders across the political spectrum.   We also urge the ministers in power to join in expressing solidarity with this rally. The people’s right to peacefully assemble stands, even if it is an issue you disagree with, and ironically an issue that you have long claimed to fight for. The people will continue to speak out. If silenced, there is only one response: ‘Fight!’   Joint Press Statement by: The Coalition for Clean and Fair Elections (BERSIH) Suara Rakyat Malaysia (SUARAM)

CORRECTION NOTE In our press statement titled 'SUARAM: Release Fahmi Reza Now!' dated 30 December 2024 (which has now been taken down to avoid confusion), we stated that: “Efforts to stifle his criticism included the Malaysian Communications and Multimedia Commission’s (MCMC) public warning on 20 December to stop sharing Fahmi's poster online, and the swift removal of posters in less than five hours by Kota Kinabalu authorities, including the police, that he put up on 27 December in the city.” We wish to clarify that the Malaysian Communications and Multimedia Commission (MCMC) did not issue a warning to the public to stop sharing Fahmi Reza’s posters in Kota Kinabalu online. This was an oversight on our part, and we sincerely apologise for the mistake made. SUARAM has issued this correction immediately (see below) upon being made aware of the factual inaccuracy. We are committed to ensuring accuracy in our public communications and will take measures to prevent such oversights in the future. REVISED STATEMENT: RELEASE FAHMI REZA NOW! Suara Rakyat Malaysia (SUARAM) strongly condemns the detention of graphic artist and activist Fahmi Reza over his physical satirical poster criticising the appointment of Musa Aman as Sabah Chief Minister. His detention is not only unnecessary but also serves to intimidate and suppress public dissent. This is further compounded by the latest warning from the police, threatening his immediate arrest under the Sedition Act should he attend tomorrow’s peaceful anti-corruption assembly. Fahmi’s detention represents a draconian response to the exercise of freedom of expression using satire, continuing an alarming escalation of state intimidation since the 19 December investigations. Efforts to stifle his criticism consisted of the swift removal of posters in less than five hours by Kota Kinabalu authorities, including the police, that he put up on 27 December in the city. The government’s persistent targeting of Fahmi Reza, despite Prime Minister Anwar Ibrahim’s 21 December statement opposing his arrest, underscores its growing intolerance toward criticisms against the government. Such hypocrisy has emerged before, as seen in investigations against Rafique Rashid Ali under the Sedition Act and Section 233 of the Communications and Multimedia Act (CMA) for remarks against Anwar in the Rakyat Lawan Anwar rally. Fahmi’s detention foreshadows worsening weaponisation of laws including the Sedition Act and the CMA to stifle freedom of expression and suppress critical voices – even with the recently passed CMA amendments that exclude satire and parody from being classified as ‘false’ hence prosecution. Article 10 of the Federal Constitution guarantees the right to freedom of expression, which the government must respect by ceasing arbitrary restrictions on dissent. SUARAM demands the immediate release of Fahmi Reza and urges the government to impose a moratorium on the use of the Sedition Act and CMA to curtail freedom of expression.

SUARAM affirms its unwavering support for the UMS students and the Sabah people in exercising their constitutional right to peaceful assembly—a cornerstone of democracy and a vital tool for fostering accountability. We stand in solidarity with the UMS students, recognizing their courage in confronting pressing corruption issues and exercising their democratic rights. Recent remarks by politicians delegitimising peaceful assemblies reflect a blatant disregard for the constitutional right to peaceful assembly enshrined in Article 10 of the Federal Constitution. Peaceful assemblies were portrayed as threats to "security" and sources of "tensions" and "provocations," perpetuating harmful stereotypes that frame them as inherently disruptive and creating undue justification for restrictions. Similarly, characterizing assemblies as "not part of Malaysian norms" and invoking the "proper channels" rhetoric undermines protests as a legitimate democratic tool for addressing grievances. There was also the paternalistic claim that students should "focus on their studies" rather than engage in politics, which marginalises youth voices and discourages their participation in civic spaces. SUARAM will be present at the rallies to monitor and support the UMS students in exercising their constitutional rights. We reiterate our call to all stakeholders, including politicians and law enforcement, to respect and facilitate the right to peaceful assembly enshrined in Article 10 of the Federal Constitution and the Peaceful Assembly Act.

SUARAM strongly condemns the police's intimidation before and during its three-day exhibition on deaths and torture in police custody in Penang. These actions not only disrupt civil society’s efforts to promote accountability but also create a chilling effect on public discourse about critical human rights issues. The night before the exhibition, multiple visits were made by different groups of police officers, amounting to more than 10 officers in total from IPD Timur Laut and Balai Polis Central under its jurisdiction, including the head of Balai Polis Central. They photographed exhibition props, subjected SUARAM staff to heavy questioning, and attempted to take the ICs of all staff members. The officers claimed that the simulated logo could "confuse the public," despite it being a symbolic exhibition prop meant to facilitate discussions on police accountability. Separately, they insisted that a "permit" was required for our banner, which was not even displayed and only temporarily placed outside alongside other props during the venue setup. On the morning of the first day of the exhibition (19 December), police patrol cars were observed patrolling the area. This was followed by continuous heavy presence of police officers outside the venue, with officers repeatedly attempting to enter the exhibition space. Such police intimidation is unwarranted, particularly when the exhibition content is grounded in publicly available investigation findings by the Enforcement Agency Integrity Commission (EAIC) into the death of S. Balamurugan in police custody. Notably, similar exhibitions that were held in Selangor and Johor this year faced no such intimidation. These past exhibitions even fostered constructive engagements with former and current commissioners from the EAIC and Independent Police Conduct Commission (IPCC), who visited the exhibitions and participated as panellists in forums on police accountability held alongside the events. This latest incident mirrors the 2021 police raid on Freedom Film Network and SUARAM over the screening of Chilli Powder and Thinner, an animated feature depicting the torture in custody of Ang Kian Kok who testified to Balamurugan’s death. Both incidents reflect an unchanged and unconstructive police response to civil society efforts in highlighting systemic abuses, even when these efforts align with credible investigations and serve public interest. Such actions undermine freedom of expression on issues of deaths and torture in custody, while undermining the police's own commitments to addressing these human rights violations. SUARAM calls on Prime Minister Anwar Ibrahim and Home Minister Saifuddin Nasution to immediately eliminate longstanding practices of police surveillance and intimidation against civil society organisations and members of the public for raising critical human rights and institutional reform issues that include police accountability. If left unaddressed, the Prime Minister’s commitments to addressing deaths in police custody—including public statements on SUHAKAM Day and the establishment of the special task force on deaths in custody—risk being undermined, eroding public trust in the Madani government's commitment to institutional reform.

The passing of the CMA amendments and Online Safety Act marks a dark chapter for freedom of expression and democratic accountability in Malaysia, underscoring the urgent need for systemic reform. Of the 184 MPs present during the CMA amendments vote, only 100 participated. Similarly, the Online Safety Bill vote saw 132 MPs participate, reflecting marginal improvement. This absenteeism undermines parliamentary credibility, leaving critical decisions on regressive laws to a fraction of elected representatives. All MPs voting in favour of the CMA amendments came from the ruling coalition, including 62.7% from Pakatan Harapan that pledged to amend draconian laws including the CMA. Our policymakers also failed to fully utilise parliamentary mechanisms during the CMA amendments debate. While MPs from both sides of the political divide suggested referring the Bill to a Parliamentary Special Select Committee (PSSC), no motion was filed under Standing Order 54 to initiate the process. This was also seen in the MCMC (Amendment) Bill 2024, yet the Communications Minister deferred it to two PSSCs—underscoring the arbitrary and inconsistent use of the PSSC referral process. This selective approach undermines equitable legislative scrutiny and raises concerns about the impartiality of decision-making in Parliament. The MPs’ failure to refer the CMA amendments to a PSSC reflects a missed opportunity to leverage this accountability mechanism to review and repair legislations, especially those that expand state power at the expense of fundamental liberties. Such inconsistencies raise serious doubts about policymakers’ commitment to ensuring consistent and effective scrutiny of Bills and protecting constitutional rights and freedoms. The tabling of both Bills exposed the longstanding issue of unstandardised timeframes between first and second readings. For the CMA amendments, MPs were given just one week to examine the Bill, and for the Online Safety Bill, only a day—both insufficient periods for meaningful deliberation. These rushed processes undermine the quality of policy debates and reinforce executive dominance over legislative procedures. SUARAM reiterates calls by civil society to refer the CMA amendments and Online Safety Act to a Select Committee of the Dewan Negara for further review and consultation. Urgent action is needed to repeal Sections 211 and 233 of the CMA, address MCMC overreach, and ensure the law aligns with Article 10 of the Federal Constitution and international freedom of expression standards. Restoration of legislative integrity requires concerted efforts by both MPs and Parliament. This includes establishing a mandatory two-week period between first and second readings of Bills to allow MPs sufficient time for substantive debates. SUARAM also urges MPs to critically reflect on their roles as legislators and fulfil their responsibility to leverage parliamentary mechanisms, including PSSCs, effectively—ensuring public interest and fundamental freedoms are prioritized over partisan loyalty.

Suara Rakyat Malaysia (SUARAM) expresses deep concern over the police custodial death of Callum Luxton during the documentation process at KLIA Terminal 1. This incident highlights persistent shortcomings in ensuring transparency and accountability in investigating police custodial deaths. Callum’s sudden collapse during the documentation process raises serious questions about the circumstances leading to his death. Crucially, neither the police nor Callum’s family have disclosed any pre-existing health conditions that might explain his collapse, suggesting the possibility of unwarranted injuries sustained during custody. The police claimed that Callum resisted arrest, yet there has been no explanation as to whether the use of force applied during his detention was proportionate or justified, nor has there been any mention of injuries, particularly head trauma, that he may have sustained. These troubling gaps in information demand urgent clarification. Furthermore, the police stated that only "first aid" was administered when Callum lost consciousness, raising concerns about the adequacy and timeliness of medical attention provided, particularly if head injuries were involved.   Despite these glaring uncertainties, the case has been prematurely classified as a "sudden death" without conclusive evidence. The post-mortem findings, which remain undetermined, further emphasize the lack of basis for this classification. Callum’s case reflects a troubling pattern seen in other custodial deaths, such as the case of Mohd Hafiz Salleh, where the police prematurely classified his death as "sudden death" despite post-mortem findings revealing blunt force trauma to the head. It was only after the family’s intervention through the media that the case was reclassified as murder. Such patterns highlight systemic failures in how custodial deaths are handled, demanding immediate reform to prevent further miscarriages of justice.   The two-day delay between Callum’s death on November 23 and its public disclosure on November 25 raises significant concerns about transparency. Compounding this, more than a week after the initial announcement, there have been no meaningful updates on the progress of investigations, with the family receiving no clear information about the circumstances of Callum’s death or investigative findings. This lack of communication mirrors the recent case of Norazman Me, where the family received no substantive updates even after repeated follow-ups with the police, who merely claimed the matter was being handled by Bukit Aman. It was only after the family went to the media in September that the police issued a public statement, claiming they had "nothing to hide" and that investigations were ongoing. Delayed and inadequate communication reflects deeper systemic issues in how custodial deaths are addressed, further compounding public mistrust.   Investigations into custodial deaths, led by the Integrity and Standards Compliance Department (JIPS) and the Deaths in Custody Investigation Unit (USJKT), raise fundamental concerns about the lack of independence in investigations. Both bodies are internal to the police institution, creating inherent conflicts of interest that undermine public trust. Critically, USJKT’s practice of issuing prompt press statements upon custodial deaths ceased in September 2022, further eroding transparency. While the IPCC has been tasked with investigating severe misconduct, its authority is narrowly defined. From 1 July 2023 to 30 September 2024, the IPCC received 466 complaints, but only seven were classified under Section 25(c) of the IPCC Act, which permits full investigations. This is further substantiated by the Home Minister’s clarification during today’s official launch of the Independent Police Conduct Commission (IPCC), Police, Friends and Collaborators programme that complaints falling under existing police regulations are redirected to the police for handling, while the IPCC intervenes only in cases that explicitly require its investigative functions. This practice calls into question the concept of police integrity, as referring complaints of misconduct back to the accused institution undermines public trust in the system’s ability to ensure accountability. Additionally, in cases involving severe injuries, sexual violence, or deaths in custody, the IPCC’s role is restricted to "establishing procedures to monitor investigative processes," further emphasizing systemic gaps in ensuring independent investigations. These overlapping roles between JIPS, USJKT, and the IPCC undermine public trust and accountability, raising significant questions about the IPCC’s utility as an independent oversight body. For meaningful reform, the IPCC’s mandate must be expanded to enable independent investigations into severe misconduct, injuries, and deaths in custody.   SUARAM urges that a second, independent post-mortem be immediately conducted to address the undetermined cause of death and clearly establish the cause and manner of Callum's death. Investigations into Callum’s death must be independent, swift, and transparent, with findings disclosed to both the family and the public. A thorough and independent inquest must also be expedited without delay, in line with Section 334 of the Criminal Procedure Code, which mandates inquests for police custodial deaths. To address the systemic lack of accountability and ensure truly independent investigations, the IPCC’s mandate must be revisited and strengthened to allow for direct investigation of all cases involving severe injuries or deaths in custody.

In 2024, Malaysia's human rights landscape reflected a government grappling with the balance between reformist aspirations and entrenched systemic challenges. While the unity government continued to highlight human rights as integral to the Malaysia Madani concept and Malaysia’s international commitments, the persistence of laws and practices curtailing freedoms revealed a disconnect between rhetoric and reality. In 2024, use of security laws continued to reflect challenges in safeguarding fundamental rights while addressing security and crime concerns. SUARAM documented marked trends in arrests under the Security Offences (Special Measures) Act (SOSMA) in 2024. This includes a resurgence in terrorism-related detentions and an almost ten-fold increase in organised crime-related detentions. Following the precedent set in 2023 with the detention of drug syndicate members, SOSMA’s use has expanded into organised commercial crime via the Heist Syndicate case this year. The surge in terrorism-related arrests following the Ulu Tiram police station attack revealed a reactionary response, underpinned by weak evidentiary thresholds such as expressing support for terrorist groups on social media. This raises further questions about the government’s proclaimed terrorism monitoring and rehabilitation capabilities. Despite multi-stakeholder engagements last year, amendments to SOSMA passed in 2024 failed to address key violations of the right to a fair trial, such as the lack of access to bail. This perpetuates the procedural law’s systemic misuse. In November, Deputy Home Minister Shamsul Anuar announced the introduction of POCA amendments in the next parliamentary sitting. However, the scope and details of these amendments remain unclear, raising concerns about whether structural issues such as judicial oversight of preventive detention will be addressed. SUARAM also notes 416 arrests under the Dangerous Drugs (Special Preventive Measures) Act (DD(SPM)A) so far this year, with Johor and Sabah seeing potential upward trends in DD(SPM)A arrests. Systemic gaps in Malaysia's law enforcement and justice system persist in 2024. SUARAM documented 170 police misconduct cases involving over 190 specific instances of misconduct such as corruption, extortion as well as physical and sexual violence. Half of the cases saw no action beyond the investigation stage, underscoring a systemic lack of accountability. Notably, chain remand practices escalated, with all 92 individuals rearrested under SOSMA mostly for organised crime. The number of police shooting incidents more than doubled this year, with more than triple the fatalities. Transparency on custodial deaths remains critically inadequate, with media-reported cases plummeting from 14 last year to five this year. This opacity, coupled with systemic delays in inquests and inadequate healthcare in detention facilities, continues to deny justice to detainees and their families. The government's establishment of a special task force on custodial deaths signals political will, but without addressing entrenched structural barriers, meaningful reform remains distant. The Sedition Act (SA), Section 233 of the Communications and Multimedia Act (CMA), and the Printing Presses and Publications Act (PPPA) remained key tools for restricting freedom of expression in 2024, with their enforcement reflecting swifter prosecutions under the SA, sustained targeting of journalists and activists under SA and Section 233, and intensified use of the PPPA for targeted raids and arrests. Legislative progress on reforming these laws was marked by mixed signals—proposed amendments to the CMA and PPPA raised fears of expanded regulatory overreach, while the SA remained untouched, with the government framing its retention as essential for managing 3R issues. New measures, such as social media licensing, amplified concerns over online censorship, while film festivals faced heightened scrutiny and censorship from authorities. Restrictions to exercise freedom of assembly persist. Out of 68 assemblies that took place this year, close to 40% of them were investigated. This included both rallies that were critical of Prime Minister Anwar Ibrahim’s leadership, reflecting selective enforcement against dissenting voices. The number of individuals investigated increased by more than 50%, and arrests by over 60% in 2024. Among those arrested, nine were remanded, including three minors for as long as eight days. Contrary to the government’s claims of respecting the right to assemble, systemic disregard for the constitutional right to assemble remains prevalent, through mischaracterisation of assemblies as needing approval from occupiers of public spaces and intimidation of protesters during rallies, among others. SUARAM also documented an instance of police manhandling of protesters during the Walk of Justice outside Parliament, marking the first since 2021, with no updates on investigations into the incident. Institutional oversight and governance reforms in 2024 saw a mix of progress and stalled efforts. The passing of the Audit Bill, which strengthens the Auditor-General’s independence, marks a significant step forward. However, the delayed tabling of the Ombudsman Bill and the reintroduction of the Parliamentary Services Act highlight the uneven pace of reforms. While the Auditor-General’s expanded mandate under the Public Accounts Committee now allows public interest inquiries, its effectiveness is curtailed by the government’s prerogative over defining “public interest.” Progress on the Government Procurement Bill remains stagnant, perpetuating opacity in awarding government contracts. The freedom of religion or belief landscape faced significant developments. Public discourse around religious sensitivities intensified, driven by blasphemy laws, boycotts, and far-right mobilisation, which polarised society and heightened social tensions. Meanwhile, the GISBH case exposed systemic abuse under religious pretexts, casting a spotlight on the need for stronger protections against exploitation within religious institutions. These trends reflect a growing divide between efforts to strengthen Islamic authority and the need to uphold civil liberties, highlighting the urgency for a balanced approach that respects Malaysia’s pluralistic society. Systemic issues persist for the Orang Asli community, particularly regarding land rights and encroachments. Despite legal precedents affirming their customary land rights, communities continue to face displacement, such as in the Nenggiri Dam project, and confront challenges like inadequate compensation and lack of free, prior, and informed consent. While amendments to the Aboriginal Peoples Act (APA) are underway, limited consultation with the Orang Asli raises concerns about the inclusivity and effectiveness of these reforms. Malaysia underwent its CEDAW review in May this year, spotlighting critical and longstanding gaps in the advancement of gender equality. Key concerns raised include the domestication of CEDAW principles within domestic laws and adequate access to redress for survivors of human trafficking. While recent constitutional amendments now enable Malaysian mothers to confer citizenship to children born abroad, their non-retroactive nature excludes the children of affected mothers from access to education, employment and healthcare. Within family rights, the continued legality of child marriage and systemic challenges faced by Muslim women in navigating the Syariah legal system, including unequal divorce and custody rights, underscore the pressing need for reform.

The response by Immigration Director-General Datuk Zakaria Shaaban to the Enforcement Agency Integrity Commission (EAIC) investigation findings on abuse at the Bidor Immigration Detention Centre seems to be taking on an all-too-familiar trajectory. In the case of the foreign worker agency director assaulted by an immigration officer in June 2024 where the victim also filed a police report on the assault, similar statements of “zero tolerance” for abuse of power and the need to first wait for the full report were made by his predecessor Datuk Ruslin Jusoh. Similar tactics were also seen in the death of Nigerian student Thomas Orhions Ewansiha in 2019. In both cases, no action was taken against officers involved in perpetration of violence and negligence. The Immigration Department’s reliance on procedural justifications continues to undermine any effort toward real accountability. Despite claims of adherence to international standards in detainee treatment and healthcare, as well as regulations in managing immigration depots, reports of violence, squalid detention conditions including limited healthcare access, and extortion have been consistently highlighted by local and international newspapers, NGOs—including Suara Rakyat Malaysia (SUARAM) in our annual Malaysia Human Rights reports—and even the National Human Rights Commission of Malaysia (SUHAKAM). These abuses are exacerbated by the chronic under-prioritisation of resources to improve detention conditions, deeply entrenched xenophobia, and where refugees and asylum seekers are concerned, state refusal to recognise the status of these vulnerable groups via accession to the 1951 Refugee Convention. Activists such as Heidy Quah and the late Irene Fernandez who spoke out against these abuses have faced judicial harassment and intimidation, exemplifying the lengths to which the system goes to silence criticism while perpetrators of abuse continue to act with impunity. A cycle of denial and inaction is at play here. Home Minister Saifuddin Nasution’s defensiveness in rejecting the findings of independent reports, such as those by Human Rights Watch on abuses in immigration detention centres, has only perpetuated this cycle, stifling much-needed reform. It is time for Saifuddin to own up to the reality of the torture, abuse, and inhumane conditions that detainees face in immigration detention, and commit to comprehensive reforms that break this damaging cycle of evasion and neglect. We urge the Home Minister to ensure that the Immigration Department immediately implements EAIC’s recommendations on disciplinary action against the officers involved in the Bidor abuses, with these efforts publicly disclosed for transparency and accountability. A Royal Commission of Inquiry—similar to the one established for police reform in 2005—should also be undertaken to thoroughly address systemic factors, both in legislation and in practice, that perpetuate abusive immigration detention conditions. Furthermore, Saifuddin must prioritise empowering the EAIC by granting it disciplinary powers to directly address institutional failure to take proportionate and effective corrective action against officers who committed misconduct.

The police’s commitment to justice in the GISBH case has been commendable, marked by significant progress in rescuing children, charging perpetrators, and identifying and/or seizing domestic and overseas assets—all within just a month, while adhering to due process under the Criminal Procedure Code. However, the invocation of the Security Offences (Special Measures) Act 2012 to rearrest 58 individuals undermines this commitment.  The police had already been investigating multiple leads early in the GISBH case, including human trafficking. By mid-September, investigations pointed to organised criminal activities, with detailed updates on the group’s modus operandi shared with the public. During this time, remand extensions were granted for the 58 individuals to facilitate ongoing investigations. There is, therefore, no legitimate need for the use of SOSMA in this case, as the police would have had adequate time to gather the necessary evidence to proceed with charges under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act and Section 130V of the Penal Code. The ongoing challenges in addressing increasingly complex organised crime and terrorism—compounded by factors such as advancements in technology and fast-evolving criminal networks—require a nuanced approach. However, cracking down on those involved at the expense of fair trial standards is not the way forward. The use of SOSMA in the GISBH case builds on dangerous precedents established within the past two years. More importantly, it diverts attention from the critical need for capacity-building that enhances police resilience in tackling fast-evolving crime methods, enabling them to conduct effective investigations whilst upholding the right to fair trial. This over-reliance on punitive measures via SOSMA can also dilute long-term crime prevention efforts - in the GISBH case, implementation of robust monitoring and early-stage intervention mechanisms by law enforcement and religious authorities. Prioritising these long-term strategies, which strengthen institutional capacities to combat organised crime and terrorism, would render the retention and use of SOSMA unnecessary, fostering political will to repeal this procedural law. While addressing the complex challenges posed by organised crime and terrorism, Home Minister Saifuddin Nasution must also decisively on SOSMA reforms, rather than defending its continued use in the GISBH case. Recommendations for SOSMA amendments have been on the table since August last year, submitted to the Home Ministry after extensive stakeholder consultations led by the Prime Minister’s Department on Law and Institutional Reform. Despite these efforts, Saifuddin has yet to act on the necessary amendments, among which included the critical issue of bail for detainees. Instead of justifying SOSMA’s application, his focus should now shift towards expediting these reforms, ensuring justice is served without compromising fundamental rights to fair trial.