United Nations Human Rights Council

“ 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 ”

“ 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 ”

“ 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. ”

“ 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 ”

“ 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 ”

“ 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 ”

“ 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. ”

“ 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 ”

“ 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 ”

“ Concerns raised by the Committee on the Rights of the Child have yet to be comprehensively addressed, especially the National Plan of Action for Children 2005-2010 and the Child Protection Policy, as indicated by some organizations.25
II. PROMOTION AND PROTECTION OF HUMAN RIGHTS ON THE GROUND
A. Cooperation with human rights mechanisms
9. ”

“ 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 ”