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Statements / Malaysia / 2018 / September

Malaysia: Towards a Malaysian Ratification of the Convention against Torture




JOINT STATEMENT

TOWARDS A MALAYSIAN RATIFICATION OF THE CONVENTION AGAINST TORTURE

We Welcome the Government’s Commitment to Universal Ratification

Geneva - Selangor, 25 September 2018: The World Organisation Against Torture (OMCT) and Suaram welcome the commitment of the Government of Malaysia and the Minister of Foreign Affairs Dato Saifuddin Abdullah to ratify the United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment (UNCAT). OMCT and Suaram stand ready to provide any support needed in this process.

We applaud the human rights reforms within the Government Coalition Pakatan Harapan manifesto, which includes the ratification of the six remaining UN core human rights treaties,[1] the strengthening of the National Human Rights Commission of Malaysia (SUHAKAM), and the ASEAN Intergovernmental Commission on Human Rights (AICHR). These are important signals that the Malaysian government is sending out in an increasingly human rights-aversive climate.

We also acknowledge the advocacy efforts by the ACT4CAT coalition which comprises SUHAKAM, the Malaysian Bar, Amnesty International Malaysia, Lawyers for Liberty, and SUARAM with regards to Malaysia’s ratification of UNCAT. The ACT4CAT coalition has coordinated high level meetings with the Ministry of Home Affairs and the Religious Authorities for the Federal Territories, with representatives of the Committee against Torture and delegates from Indonesia who are involved in the implementation of UNCAT.

In view of the abovementioned developments, we encourage the Ministry of Foreign Affairs to proceed with the ratification of the UNCAT and to engage with the Committee against Torture. In addition, issuing a standing open invitation to all Special Procedures of the Human Rights Council would be a welcome step.

We also encourage the Government of Malaysia to start giving due consideration to the provisions of UNCAT to prepare a Malaysian ratification. In particular, incidences of public corporal punishment and other cruel, degrading or inhuman treatment or punishment ought to be suspended and criminalized. The perpetrators should be held to account and the victims entitled to reparation.

The long-standing issue of torture in police custody and inhuman treatment in prisons and immigration detention centers should also be prioritized as critical areas. Recommendations by SUHAKAM and the Enforcement Agency Integrity Commission (EAIC) on these matters should be adopted to ensure that Malaysia’s ratification and implementation of UNCAT is not shadowed by past abuses.

We reiterate our support to the Malaysian government in their work against torture, to systematically investigate all allegations of torture and other forms of ill-treatment, to prosecute and punish the perpetrators and to provide redress to the victims.

OMCT and SUARAM appreciate the scale of reform the Government of Malaysia is undertaking and are ready to provide our full support for Malaysia’s ratification of UNCAT and other international human rights treaties.



For further information:

SUARAM:

Sevan Doraisamy

Executive Director, SUARAM

ed@suaram.net

+60169708370

OMCT:
Ylva L. Hartmann

Human Rights Adviser, OMCT

ylh@omct.org

+41 22 809 49 26

Stella Anastasia

Human Rights Officer and Network Coordinator, OMCT

sa@omct.org

+41 22 809 49 28



[1] The Convention against Torture and other Cruel, Inhuman and Degrading Treatment and Punishment, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the International Convention Against All Forms of Racial Discrimination, the International Convention on the Protection of Migrant Workers and Members of their Families and the International Convention for the Protection of All Persons from Enforced Disappearance.

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Date: September 25, 2018
Type: Statements
Country: Malaysia

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