KUALA LUMPUR, July 1 — The Home Affairs Ministry (KDN) has clarified that Malaysia has not ratified the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (UNCAT) as it would necessitate amendments to existing laws in the country.
Home Minister Datuk Seri Saifuddin Nasution Ismail said the convention required national laws not to include elements that caused ‘severe pain’.
“Our reason for not ratifying UNCAT is that certain sections explicitly state that our national laws cannot have elements that cause severe pain, while our laws include caning, and the Syariah Court also has caning.
“Caning is painful; if pain is not allowed, if we sign UNCAT, it means our existing acts need to be amended, and many other matters as well,” he said.
Saifuddin was speaking during the wind-up session on the Malaysian Human Rights Commission (Suhakam) Annual Report and Financial Statement for 2021 and 2022 in the Dewan Rakyat today.
He added that neighbouring countries like Singapore and Brunei had also not signed the convention.
Regarding negotiations with the United Nations High Commissioner for Refugees (UNHCR) on data sharing of refugees, Saifuddin said three rounds of negotiations had been held, and the process was still ongoing to harmonise several aspects.
One of the negotiation sessions was held in New York, the United States, in September last year, and the other two in Kuala Lumpur, while all the parameters of discussion on the data sharing cooperation had been conveyed to UNHCR.
In response, the global body wanted Malaysian officers to undergo training on human rights.
“On our side, we also see the need for modifications, an approach tailored to our local perspective. So, we are harmonising this matter,” he said.
Meanwhile, Deputy Foreign Minister Datuk Mohamad Alamin said the government has assured that any decision to join or ratify international human rights instruments would not contradict the Federal Constitution or other applicable civil, Syariah, and customary laws in Malaysia.
“I wish to emphasise the importance and need for the government to take appropriate measures before ratifying any human rights treaty,” he said while winding up the debate for the Foreign Affairs Ministry on the Suhakam Annual Report and Financial Statement.
In its report, Suhakam urged the government to consider withdrawing reservations and ratifying the Optional Protocols contained in the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC).
The Dewan Rakyat sitting resumes tomorrow.
— Bernama
