Tan Sri Muhyiddin Yassin : policy of the current government to uphold individual right to fundamental liberties

SPEECH BY YB TAN SRI DATO’ HAJI MUHYIDDIN HJ MOHD YASSIN

MINISTER OF HOME AFFAIRS

WORKSHOP ON THE UNITED NATIONS CONVENTION AGAINST TORTURE AND OTHER CRUEL,  INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

(UNCAT) WITH MALAYSIAN ISLAMIC COMMUNITY

9.30 AM, 2 JULY 2018

GRAND SEASONS HOTEL, KUALA LUMPUR

Assalamualaikum warahmatullahi wabarakatuh and a very Good Morning,

Distinguished guests,  Excellencies,  Ladies and Gentlemen,

1. It is a great pleasure for me to be here today and to officiate the Workshop on the United Nations  Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment – or better known  by its acronym “UNCAT”. At the onset, let me congratulate the Human Rights Commission of Malaysia  (SUHAKAM) and the Centre for Human Rights Research and Advocacy (CENTHRA) for their initiative in organising  this meaningful programme.

2. I learn that the main objectives of this Workshop are, among others, to promote better understanding  among the Malaysian Islamic NGOs on the UNCAT and to discuss contemporary concerns regarding the compatibility of Sharia Law and the provisions under the UNCAT, as well as to enable sharing of good practices on the implementation of the UNCAT by other Islamic countries and to explore alternative ways to harmonise  Sharia Law with the UNCAT.

3. And I am pleased to know that SUHAKAM and CENTHRA had invited Mr Abdelwahab Hani, an expert  member from the UN Committee Against Torture (CAT Committee) and Board Member of the Association for the  Prevention of Torture (APT) – a Geneva-based organization, to become the resource person for a series of dialogues with various Malaysian key stakeholders including today’s workshop and an Inter-Ministerial meeting on Malaysia’s accession to the UNCAT to be hosted by the Ministry of Home Affairs (MOHA) on 3 July 2018.

4. This is also part of the follow-up actions to the discussion held between MOHA with Mr Abdelwahab Hani and SUHAKAM delegation on 6 July 2017 during Mr Hani’s earlier visit to Malaysia for a series of dialogues on the same subject.

Ladies and Gentlemen,

5. In 2016, MOHA was tasked by the government to lead the Technical Committee on Malaysia’ Accession to the UNCAT. The Technical Committee had held discussions on the mechanism and legal framework for addressing crimes in the county and recognises the need to review the compliance of current laws, policies and practices with human rights principles.

6. We are also aware of the issue concerning the compatibility of domestic laws, both civil and Sharia, with the UNCAT provisions particularly the implementation of corporal and capital punishments to deter crimes which require a review of relevant laws.

7. As the lead agency in this matter, we see the need for a comprehensive discourse in order to convince  all policy makers on the benefits for Malaysia to become a State Party to the Convention as well as to ensure that any proposed changes to our laws or policies are done in accordance with the domestic context including the social, political, racial and religious norms in Malaysia.

8. Having said that, we recognise the need for gradual improvement towards acceding to the UNCAT which aims to uphold the dignity of all individuals and their fundamental right to life and liberty, as also enshrined in both Article 3 of the 1948 Universal Declaration of Human Rights (UDHR) and Article 5 of the Federal Constitution of Malaysia.

9. We are also mindful of the next Universal Periodic Review (UPR) on Malaysia which would take place in November 2018 on which Malaysia’s state report on the progress concerning the improvement of the human rights situation including the ratification of the remaining core human rights treaties, will be examined by the Human Rights Council’s UPR Working Group.

10. Whilst Malaysia is yet a State Party to the UNCAT, the Country is committed to supporting the global fight against torture and is taking a firm stand that it does not condone acts of torture or any forms of ill-treatment and culture of impunity among the public as well as the authorities. We seek to put into place effective monitoring mechanism, safeguards and accountability for the prevention of torture.

11. We will also engage with SUHAKAM and other international bodies to seek their technical expertise on the accession to and implementation of the UNCAT. They include the CAT Committee, the Convention Against Torture Initiative (CTI), a global initiative spearheaded by the governments of Chile, Denmark, Ghana, Indonesia and Morocco to assist States on matters pertaining to ratification and implementation of the UNCAT and its Optional Protocol, as well as the Association for the Prevention of Torture (APT), a Geneva-based international organisation that works on torture prevention.

• 12. In line with the policy of the current government to uphold individual right to fundamental liberties as  enshrined under the Federal Constitution, a special committee is being set up by the Ministry of Home Affairs to review all laws under the purview of the ministry with a view to protect our citizens from any forms of violation of their basic human rights. 
• We see there is an urgent need to review and revisit certain laws that seem to infringe upon individual right to fundamental liberties while at the same time taking cognizance of the need to preserve national security and maintain public order.

13. The Malaysian governement is also reviewing the laws on capital punishment. In line with the international practices, the Malaysian government is looking into the possibility of doing away with capital punishment, while at the same time taking into consideration our social, cultural and religious peculiarities. The cabinet has deliberated on this matter and as Home Minister I strongly support this proposition. The abolition of capital punishment is also in line with the Pakatan Harapan Manifesto for the 14th general election. I hope this workshop will also deliberate on this matter and make recommendations to the government. We are open to listen to all  views and welcome expert opinion on this pertinent issue.

Ladies and gentlemen,

14. Lastly, I would like to wish all of you a fruitful discussion. Looking at the agenda, I am certain that today’s discussion would enable us to have greater understanding on the underlying aspirations of the UNCAT and to deliberate on the aspect concerning the compatibility issues vis-à-vis the domestic contexts.

15. It is now my pleasure to officiate the Workshop on the UNCAT with Islamic Community in Malaysia.

Thank you. 

My comments :  Please note the following points by Tan Sri Muhyiddin:

• the policy of the current government to uphold individual right to fundamental liberties as  enshrined under the Federal Constitution
• 
  
• special committee is being set up by the Ministry of Home Affairs to review all laws under the purview of the ministry with a view to protect our citizens from any forms of violation of their basic human rights. 
• 
  
• We see there is an urgent need to review and revisit certain laws that seem to infringe upon individual right to fundamental liberties
• 
  
• The cabinet has deliberated on this matter and as Home Minister I strongly support this proposition. The abolition of capital punishment is also in line with the Pakatan Harapan Manifesto for the 14th general election.

I think just the mention of these points is already fantastic. There is certainly a change in the air. 

The Sedition Act will be abolished when Parliament convenes on July 19th, 2018. A few other Acts have to be abolished as well.

Congrats to Tan Sri Muhyiddin Yassin on these commitments.