Based upon a annual reports rebuilt by Suhakam, Suaram as great as a US Department of State as great as information available from journal reports, a tellurian rights incident does not crop up to be mending in Malaysia. In a little ways it has deteriorated generally in apply oneself of domestic as great as polite rights.
According to Suaram, a state of tellurian rights in 2011 was worse than in 2010. Twenty-seven people were detained though trial in 2011. The series was twenty-five in 2010. There were twenty-five cases of custodial deaths in 2011 compared to eighteen in 2010.
Overcrowding in prisons as great as places of apprehension continue to persist. In 2010, a country's 31 prisons reason about 38,387 prisoners written to reason about 32,600. In August 2010, a secretary-general of a Ministry of Home Affairs acknowledged deficiencies in apprehension centres as great as their disaster to encounter ubiquitous standards.
By August 2011 RELA membership reached 2,690,000. There is great regard which they have been not formally lerned as great as gifted to perform their duties in a veteran manner often heading to tellurian rights violations of people they have been supposed to protect.
Religious freedom concerns
Article 121(1A) of a Federal Constitution, which reads "The courts referred to in clause 1 (i.e. a two High Courts of Malaya as great as Sabah as great as Sarawak as great as a inferior courts provided by sovereign law) shall have no office in apply oneself of any matter inside of a office of a syariah courts."
The Article does n! ot menti on what is inside of a office of a syariah courts. It additionally does not mention which a syariah courts have been towering to a same standing as a polite High Court. Before Article 121(1A) came in to existence a decisions of a syariah courts could be reviewed by a polite High Courts. Problems as gifted right away did not arise.
Now we see non-Muslims being left in a incident with no legal remedy. Reference is right away being made to Malaysia as an Islamic state though this is not provided for in a constitution. Unusually strict conditions have been imposed upon office building plans for non-Muslim places of worship. More often than not capitulation takes a prolonged time to be issued.
In Sabah, a capitulation for a building a whole of a mazu statue was withdrawn after it was approved by a approving management as great as a building a whole was already in an advanced stage. It was not even a place of worship.
Suhakam reports
Suhakam has right away rebuilt as great as submitted to Parliament 11 annual reports though so far nothing has been debated in Parliament. This is indicative of a priority given to a graduation as great as insurance of tellurian rights by a government.
Political rights
During a final 3 to 4 years there have been indications which people generally have been showing larger interest as great as recognition of their domestic as great as polite rights. This being a case, they have been right away some-more noisy than ever before to in their bid to prevent a authorities from denying them of their rights.
The Bersih 3 convene attracted a multi-racial crowd of about 250,000 people upon Apr 28, 2012. Bersih 3 represents a polite society organization which promotes clean, free as great as fair elections. It is thus most surprising which a supervision saw it fit to acknowledgement it as an bootleg organisation. A supervision which subsc! ribes to as great as practises great governance would surely await any move towards such noble objectives unless, of course, a survival of a supervision depends upon deceits as great as cheating during elections.
What Bersih 3 stands for represents universal simple democratic values as great as attributes. Some upon a supervision side credit it of being infiltrated by communists though upon condition which hard evidence, identifying them or clarifying their understanding of communists. If communists have been bad, why is a supervision carrying diplomatic relations with comrade countries? Others claim which Bersih 3 is trying to overpower a democratically inaugurated supervision by force though again though upon condition which any evidence. In any case, how could it be possible when all they had were H2O bottles as great as confronting a strong police force armed to a teeth.
A Peaceful Assembly Act was fast approved by Parliament. Under this Act there is no prerequisite to obtain police permit before to holding a pacific assembly. However it imposes really difficult conditions as great as as expected a people were really unfortunate as great as showed copiousness of reservations. Some of a conditions include street protests being disallowed for non-Malaysians as great as those next fifteen years of age. If we have been next 21 years of age we have been not authorised to organize a protest.
Electoral roll
As a 13th ubiquitous choosing draws near, a single of a most critical tasks during hand is a spring cleaning of a electoral rolls. This charge could be farmed out to a formally qualified, gifted as great as independent body. It is common believe which a electoral roll is tainted. This has been acknowledged by a High Court decider in a box of a Likas state chair of Datuk Yong Teck Lee. The High Court systematic Yong to vacate his seat, ruling which he won it in 1999 with a help of phantom voters. The decider found out which a 19! 98 elect oral roll for a subdivision was bootleg as great as a choosing reason in Mar 1999 was null as great as void. The decider serve celebrated which it was only a tip of a iceberg. This stirred Parliament to rectify a Election Act, whereby a electoral roll once gazetted cannot be challenged in any justice of law. This is not right as great as bad law.
Ratification of core tellurian rights instruments
To date, Malaysia has not sealed as great as ratified a following core ubiquitous tellurian rights instruments:
The International Covenant upon Civil as great as Political Rights (ICCPR);
The International Covenant upon Social, Economic as great as Cultural Rights (ICSECR);
The Convention opposite Torture as great as other Cruel, Inhuman or Degrading Treatment or Punishment;
The International Convention of a Elimination of All Forms of Racial Discrimination.
Some certain tellurian rights developments
There have been a little certain developments. On November 24, 2011 a Emergency Proclamations were revoked. The ISA was repealed. Unfortunately it was transposed by a Security Offences (Special Measures) Act 2012 which most feel is only as draconian. Human rights activists feel which a ISA should not have been transposed as there have been enough laws available to prosecute all types of offences.
National tellurian rights movement plan
Soon after a pregnancy of Suhakam in 2000, it recommended, in 2001, to a supervision which it should rise as great as delineate a National Human Rights Action Plan (NHRAP). After some-more than 10 years a supervision finally agreed. Such a plan will help to urge as great as make firm a graduation as great as insurance of tellurian rights by placing tellurian rights in a correct context of open policy. It is hoped which discerning movement will be expedited towards a realization of a NH! RAP.
Read More @ Source Land rights of indigenous peoples (IP)
Since Suhakam became operational upon Apr 24, 2000 it has been reception most complaints in a form of letters, memorandum as great as in persons related to land issues from a Orang Asli as great as Orang Asal of Sabah as great as Sarawak. As a problems did not show any indication of being resolved any time soon, Suhakam decided for a first time to reason a inhabitant exploration in to a land rights of a IP of Malaysia.
More than 6,500 IP attended a consultation practice reason throughout a country. A sum of 892 statements were recorded as great as 43 open submissions were received. Suhakam in right away in a routine of finalising a inform which includes recommendations to a relevant authorities.
The IP of Sabah as great as Sarawak continue to be marginalised as great as knowledge being displaced from their normal territories. When a land which they have been living for generations turn accessible to modern infrastructure such as roads, H2O as great as electricity supply their land naturally turn commercially attractive. That is a time when their existence is really threatened. When a original land occupiers apply for a land, some-more often than not they do not get any response or if they do it will be a single of rejection. Very often a same piece of land is alienated to others who have better influence as great as tie with people in position of authority.
Another difficulty of IP is customarily accused by a authorities of encroaching upon timberland reserves. Some have had their houses burnt by enforcement personnel. Many IP claim they were there before to a area was gazetted as timberland reserve.
The infancy of IP in Sabah as great as Sarawak still live in a farming areas, often surviving as keep farmers. It is additionally in a farming areas where poverty is rampant as great as access to educational, medical as great as health facilities is possibly li! mited or non-existent.
There is another really critical cause which affects Sabah especially, as great as which is a unusually large race of bootleg immigrants who have right away outnumbered Malaysians of Sabah origin. They have been fast changing a social, economic, cultural as great as domestic landscape of a state. The UNDP as great as a World Bank have described Sabah as a poorest state in a nation as great as which during least 50 per cent of a sum series of bad people in a nation have been in Sabah. That is a bottom line. No volume of adjectives could cover such sad state of affairs.
* Presented as submit by a Association for a Promotion of Human Rights (Proham) to a UN Human Rights as great as Development Theme Group as NGO submit for a UPR process. The inform was adopted by Proham members during the assembly reason upon September 29, 2012
* Tan Sri Simon Sipaun is a authority of Proham.
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