Official Address

YB Minister in the Prime Minister's Department

(Law and Institutional Reform)

for Human Rights Day Forum 2024

Date : 10 December 2024 (Tuesday)

Venue: Conference Hall 2 & 3, Level 3, KLCC

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SALUTATION

 

Y.Bhg. Dato’ Seri Mohd Hishamudin Md. Yunus

Chairman, Human Rights Commission of Malaysia (SUHAKAM)

 

Ms. Karima El Korri

UN Resident Coordinator for Malaysia, Singapore and Brunei Darussalam

 

Y.Bhg. Dato’ Bala Chandran

Tharman Timbalan Ketua Setiausaha (Hal Ehwal Pelbagai Hala)

Kementerian Luar Negeri

 

Y.Bhg. Datuk Zamri bin Misman

Ketua Pengarah

Bahagian Hal Ehwal Undang-Undang, Jabatan Perdana Menteri 

 

Distinguished guests,

Panellists,

Ladies and gentlemen,

 

Assalamualaikum Warahmatullahi Wabarakatuh

 

Salam sejahtera dan Salam Malaysia MADANI.

 

I am honoured to be here for Human Rights Day Forum 2024. Today, we re-affirm our shared commitment to dignity, freedom, and equality for all. Human rights are the cornerstone of a just and peaceful society, and as a nation, we strive to protect and empower these rights for everyone.

This year's forum is significant, as it unites diverse voices to discuss and advance our efforts in promoting human rights in society and business. The theme, “Empowering Our Rights, Securing Our Future: Business Responsibility for People and Nation”, reflects Malaysia's vision of aligning economic growth with human rights principles, ensuring prosperity while upholding the rights of all.

 

National Action Plans on Business and Human Rights (NAP-BHR)

 

Distinguished guests, ladies and gentlemen,

 

The Government of Malaysia remains steadfast in our commitment to advancing human rights and have been taking steps over the past decade to foster a safe, inclusive, and equitable environment for all. 

As we gather today, I am pleased to highlight our country’s ongoing efforts to advance human rights. Recognizing the need to promote respect for these rights, I have consistently emphasized the importance of the National Action Plan on Business and Human Rights (NAP-BHR) on multiple occasions.

In line with this, BHEUU, JPM is scheduled to launch the NAP-BHR by 2025, aiming to engage state and non-state actors—including businesses, civil society, and those impacted by business-related human rights issues—in a coordinated effort. This plan will help businesses align with international human rights standards, guide businesses of all sizes in incorporating human rights due diligence and address any harm that arises. The "zero draft" is expected by January 2025, marking a significant step forward in this ongoing effort.

Towards this end, BHEUU, JPM has published the National Baseline Assessment on Business and Human Rights (NBA) in August 2024, providing a comprehensive overview of the current state of human rights in Malaysia and outlining the necessary actions to address existing challenges. The NBA identifies gaps, challenges, and areas for improvement, assisting businesses in Malaysia in aligning with international human rights standards. It covers key areas such as the environment, labour, and governance, in line with global standards, particularly the United Nations Guiding Principles on Business and Human Rights (UNGPs). 

By adopting these principles, businesses can work towards practices that respect human dignity, equality, and fairness. The NBA marks an important first step toward building a sustainable framework for business and human rights, reflecting our recognition that the well-being of our people and the sustainability of our nation’s growth are intertwined.

 

HUMAN RIGHTS AND OFFICE OF THE CHILD COMMISSIONER

 

Distinguished guests, ladies and gentlemen,

 

As Mahatma Gandhi once said, “The true measure of any society can be found in how it treats its most vulnerable members.” Reflecting this sentiment, the MADANI Government has introduced significant amendments to the SUHAKAM Act to aimed at advancing human rights and promoting inclusivity.

These amendments support gender balance and the inclusion of a People with Disabilities (PWD) Commissioner in SUHAKAM’s composition, while also enhancing government accountability by requiring agencies to respond to SUHAKAM’s recommendations on human rights issues.

This reflects the MADANI government’s commitment to transparency and progress. Additionally, the Office of the Child Commissioner has been made a full-time position to provide a more focused approach to addressing children’s issues. To further strengthen advocacy and protection for children, additional Children’s Commissioners will be appointed in East and West Malaysia, working alongside the Chief Children’s Commissioner.

 

ACCESS TO JUSTICE AND LEGAL AID

 

Distinguished guests, ladies and gentlemen,

 

Access to justice is fundamental to the protection of human rights, as enshrined in the Universal Declaration of Human Rights (UNDHR). Guided by this principle, the MADANI Government has taken steps to enhance access by funding legal representation for eligible individuals in criminal and civil cases. Through government legal aid agencies and appointed panel lawyers, qualified individuals have access to counsel in civil litigation and criminal defence, reinforcing the principle of legal representation. Private sector lawyers will continue providing legal aid under JBG's management, with the government covering the costs.

These services also include legal companion services to support child victims in criminal trials. Efforts are being made to raise public awareness about the availability of these services to ensure that more individuals can access justice and get the assistance they need. Collectively, these initiatives form part of the national agenda, known as ‘Justice on Wheels.’

Recently, Cabinet decided to replace the existing Legal Aid Act 1971 with a more comprehensive Act to strengthen Jabatan Bantuan Guaman (JBG)’s capacity to provide services across criminal, civil, and Syariah matters. As part of this reform, Yayasan Bantuan Guaman Kebangsaan (YBGK) will be consolidated under JBG, and a new Public 6 Defence Division will be established. By providing services such as legal representation, mediation, and support for vulnerable groups, the MADANI Government aims to improve access to justice and promote a fairer and equitable society.

 

MEDIATION

 

The government recognizes the importance of Alternative Dispute Resolution (ADR), as reflected in this year’s amendments to the Arbitration Act 2005. To further strengthen ADR in Malaysia and provide greater access to justice, the MADANI Government has established a Special Task Force to study the scope for a dedicated mediation centre. This initiative aims to help the rakyat resolve disputes efficiently and affordably.

 

CYBERBULLYING AND ONLINE SAFETY

 

Distinguished guests, ladies and gentlemen,

 

In recent years, cyberbullying in Malaysia has surged, leading to tragic incidents that have raised significant concern. This growing issue highlights the need for stronger legal measures. In response, the MADANI government is proposing amendments to the Penal Code and Criminal Procedure Code, which had its First Reading yesterday, and I will be doing the Second Reading right after this. These amendments include provisions to address various forms of bullying, both online and offline, aiming to enhance protection against emotional and psychological harm while addressing the misuse of digital platforms. 

The rise of online harms, including the spread of child sexual abuse material (CSAM), financial fraud, and other harmful content further emphasizes the need for effective regulation. As technology evolves, these challenges transcend national borders and impact the global community. Countries such as Singapore, the United Kingdom (UK), European Union (EU) and Australia have implemented laws to address these threats.

To improve online safety and accountability, the government is also introducing the Online Safety Act 2024, which will be tabled in Parliament this session. This legislation seeks to promote safer digital platforms and provide better protection for citizens against online harms.

 

FREEDOM OF INFORMATION

 

The right to access to information is a fundamental human right, as provided by UNDHR, highlighting the importance of access to information in empowering citizens and good governance. Guided by this principle, in 2023, the Government has agreed to enact a Freedom of Information (FOI) legislation at the federal level, reflecting our commitment to transparency, accountability, and inclusive governance.

This year, the Government held seven comprehensive engagement sessions across the country, bringing together over 1,500 participants, including representatives from government agencies, CSOs, NGOs, legal societies, academics, and international experts from Australia, Canada, South Africa, and Indonesia. These sessions provided valuable insights into global best practices for Freedom of Information (FOI) law.

This collaborative effort reflects our commitment to fostering transparent, inclusive, and accountable governance. By engaging diverse stakeholders, the Government is developing an FOI law that aligns with Malaysia’s needs and aspirations. Insya Allah, set to be tabled in Parliament by mid-2025, this legislation aims to strengthen democracy, improve access to information, empower citizens, and build trust in government.

 

CONCLUSION

 

Distinguished guests, ladies and gentlemen,

 

In conclusion, the initiatives we have undertaken—such as the National Action Plan on Business and Human Rights, expanding access to justice through legal aid and alternative dispute resolution, advancing transparency with developing Freedom of Information law, strengthening SUHAKAM, and ensuring a safer cyberspace— demonstrate this government’s commitment to upholding human rights and fostering a safer and more just society.

By aligning business practices with human rights standards, providing comprehensive legal services, and promoting access to information, we are safeguarding individual rights and creating a society where all can thrive. These efforts are vital in strengthening our democracy, building public trust, and ensuring a future where human rights are respected and protected at every level. 

As we celebrate Human Rights Day today, let us be reminded of the important role we all play in advancing human rights. Together, let’s continue to work toward a society where these rights are not only upheld but also advanced in all aspects of life.

With this, I wish you all a productive forum and a meaningful Human Rights Day!

Thank you.