United Nations Human Rights Council

“ Urges the Government of Sri Lanka to investigate all alleged attacks, by individuals and groups, on journalists, human rights defenders, members of religious minority groups and other members of civil society, as well as on temples, mosques and churches, and also urges the Government to hold perpetrators of such attacks to account and to take steps to prevent such attacks in the future ”

“ Urges the international community to cooperate with the Government of Sri Lanka in the reconstruction efforts, including by increasing the provision of financial assistance, including official development assistance, to help the country fight poverty and underdevelopment and to continue to ensure the promotion and protection of all human rights, including economic, social and cultural rights. ”

“ Conditions in some prisons and Immigration Detention Centres (IDCs) remain deplorable, with severe and chronic over-crowding, poor sanitation, as well as insufficient food and water, as reported by some organizations.54 There are also reports of physical violence and abuse; children detained with adults, including unaccompanied minors. In 2008, the management of IDCs was handed over to the Immigration Department, who employed RELA personnel to assist in ensuring security in the IDCs. ”

“ Encourages the Government of Sri Lanka to ensure that all Provincial Councils, including the Northern Provincial Council, are able to operate effectively, in accordance with the 13th amendment to the Constitution of Sri Lanka ”

“ To work in cooperation with States in order to foster the implementation of measures that contribute to the protection of all persons against violence and discrimination based on sexual orientation and gender identity ”

“ Muslim entertainers have borne the brunt of religious authorities' regulation of 'immoral activities' in pubs, bars and other entertainment outlets. Singers have been arrested, charged under Sharia offences and harassed.78 There are also curbs on cultural and artistic expression, particularly on those deemed ‘against the teachings of Islam’. In 2006, the State Government of Kelantan imposed a ban on Mak Yong performances despite UNESCO certifying these as a world cultural heritage. No action was taken by the Federal Government.79 ”

“ Welcomes the resolve of the Sri Lankan authorities to begin a broader dialogue with all parties in order to enhance the process of political settlement and to bring about lasting peace and development in Sri Lanka based on consensus among and respect for the rights of all the ethnic and religious groups inhabiting it, and invites all stakeholders concerned to actively participate in it ”

“ Encourages all relevant stakeholders, including United Nations agencies, programmes and funds, human rights mechanisms, national human rights institutions, national independent monitoring frameworks, civil society, the private sector, donors and development agencies to cooperate fully with the Independent Expert to enable the mandate holder to fulfil his or her mandate ”

“ FIDH-SUARAM noted that human rights defenders operate within the context of national security laws, which seriously impede their work and constantly threaten their physical and psychological integrity. ”

“ In 1988, amendments were made to the FC, subordinating the Judiciary to Parliament.9 The Becket Fund (BF) referred to the parallel Sharia and civil court systems. Non-Muslims are governed exclusively by civil law. Muslims are also governed by Sharia in specific matters, usually having to do with family law and property rights.10 The European Centre for Law and Justice (ECLJ) further noted that the country’s civil court system has gradually ceded jurisdictional control to Sharia’s courts in family law areas involving disputes between Muslims and non-Muslims.11 ”

“ To present an oral update to the Human Rights Council at its twenty-seventh session, and a comprehensive report followed by a discussion on the implementation of the present resolution at its twenty-eighth session ”

“ According to FIDH-SUARAM, Malaysia’s courts have been extremely conservative in protecting individual liberties against extensive executive powers and although there is a three-member Advisory Board under the ISA to review detention cases, its mode of operation compromise any claim of independence.62 HRW further noted that the recommendations of the ISA Advisory Board are not binding.63 Several organizations considered that the ISA should be repealed in its entirety and all persons should be tried in conformity with international fair trial standards.64
28. ”

“ Since the handover, there has been an increase in abuse of power, violence and corruption, as reported by MWG-JUMP.55
22. According to COMANGO, official statistics show a sharp increase in child abuse cases from 2002 to 2006, and the police is slow in investigating cases of commercially and sexually exploited children. There are no adequate provisions to protect the safety of the children physically, emotionally or otherwise. More agencies and mental health practitioners specialising in the area of child sexual exploitation are needed.56 ”

“ The pre-school education in the rural and semi-rural areas is within the jurisdiction of the Rural Development Ministry, however, children from the rural plantation have little access to these schools as it caters mainly for the Malay rural children, as indicated by COMANGO.99 In addition, teachers must possess a higher secondary school certification on the subject of Islam, which discriminates against some pre-school teachers. ”

“ The MWG-JUMP raised concerns regarding the impact of the ‘outsourcing’ recruitment system introduced in 2006, which contributes to labour trafficking, as well as to the vulnerability and lack of protection by foreign workers.91 HRW expressed concern about the situation of migrant domestic workers and recommended to the Government, inter alia, to strengthen regulations governing recruitment agencies; institute screening procedures and support services at its borders, in cooperation with trafficking experts, SUHAKAM and nongovernmental organizations ”

“ BCM made reference to the declaration made by Malaysia when ratifying the CRC, that even though primary education is not compulsory and available free to all, primary education is available to everybody.118 However, such education is not sufficient for children with disabilities;119 children (of Malaysians) without birth certificates are denied the opportunity to attend schools; and120 asylum seeking children, refugee children, stateless children as well as children of migrant workers are not given free primary education in government-run schools, as indicated by MWG-JUMP121 and BCM.122 ”

“ Some organizations raised concerns with regard to the administration of justice and barriers faced by migrant workers to gain redress, inter alia: the length a migrant arrested under Immigration Act may be held before being brought before a Magistrate; indeterminate detention pending removal ”

“ Malaysian law provides for capital punishment for a wide variety of crimes, and some carry a mandatory death sentence, as indicated by AI.36 Dates of executions and details of those who have been or will be executed are not made public. ”

“ MWG-JUMP reported on the discrimination and problems faced by non-citizens, including those in IDCs, to access health services; their fear of non-citizens unable to provide valid identity documents of being reported at government hospitals and; the mandatory testing for more than 15 infectious diseases and pregnancy tests for migrant women.96 ”

“ SUHAKAM referred to recent amendments to the Penal Code and Criminal Procedure Code which led to positive changes, such as eliminating confessionary statements; detailed procedures for body searches; requiring public prosecutors to provide trial documents before trial to defence counsel; requiring remand periods to be in accordance with the severity of the crime ”