Malaysia's Right Under Constitution: MPW 1133 Malaysian Studies

MPW 1133
Malaysian studies
Malaysia’s Right Under

Constitution
Constitution of Malaysia
• The Federal Constitution of Malaysia is the supreme law of Malaysia.
• The 1957 Constitution of the Federation of Malaya is the basis of this

document.
• Establishes Malaysia as a constitutional monarchy having the Yang di-

Pertuan Agong as the Head of State whose roles are largely ceremonial.
• Provides for the establishment and the organization of three main branches
of the government:
1.the bicameral legislative branch called the Parliament
(which consists of the House of Representatives and the Senate)
2. the executive branch led by the Prime Minister and consists of Cabinet
Ministers
3.the judicial branch headed by the Federal Court.
• The document also defines the rights and responsibilities of the federal
• As of early 2006, the number of individual amendments to the constitution is estimated
to be about 650
(a substantial number of which were technical and consequential amendments throughout
the Constitution necessitated by territorial changes such as the formation of Malaysia, for
which a total of 118 individual amendments were required.)
Notable Articles
There’s 15 articles under Constitution of Malaysia.
(Article5,6,8,10,11,12,13,32,121,149,150,152,
153,160,181)
For example:
I. Article 5- No person shall be deprived of his life or
personal liberty save in accordance with law.
II. Article 6- No person shall be held in slavery.
III. Article 10 (1) guarantees the freedom of speech
Importance of Human Rights under Malaysia
Constitution
1.No person shall be deprived of his life or personal liberty save in

accordance with law.
2.No person shall be held in slavery.
3.No public authority shall discriminate against any person on the ground
that he is resident or
carrying on business in any part of the Federation outside the
jurisdiction of the authority.
4.Every person has the right to profess and practice his own religion
5.every citizen has the right to freedom of speech and expression
6.No citizen shall be banished or excluded from the Federation
SUHAKAM
-Established by Parliament under the Human Rights Commission of

Malaysia Act 1999, Act 597.
SUHAKAM
• The triangle symbolizes strength, stability and
equality - a universal concept symbolizing human rights
as a core knowledge.
• The distinctive brush strokes of primary colors that
make up the triangle encompasses history, culture and
the major religions. The vibrant colors are shaped to
represent dynamic adaptation to factors in the
environment; both international and local. Mixing the
primary colors will create other colors that reflect the
multitude of cultures and religions of the world.
• The translucent background represents SUHAKAM's
transparency.
• SUHAKAM is entrusted with the responsibility to
fulfill human rights, not only here but also for all
humanity. Therefore, the word "SUHAKAM" is
positioned beneath the triangle.
FUNCTIONS & POWER
Functions
• SUHAKAM was established under the Human Rights Commission of Malaysia
Act 1999, Act 597. Section 2 of this Act defines "human rights" as referring to the
"fundamental liberties as enshrined in Part II of the Federal Constitution".
• The functions of SUHAKAM as set out in Section 4(1) are:
1. to promote awareness of and provide education relating to human rights;

2. to advise and assist Government in formulating legislation and procedures and
recommend the necessary measures to be taken;
3. to recommend to the Government with regard to subscription or accession of
treaties and other international instruments in the field of human rights;
4. to inquire into complaints regarding infringements of human rights.
SUHAKAM's temporary office at the Ministry of Foreign Affairs
(2000)
Power
• The Act provides SUHAKAM with powers to enable it to discharge its functions
effectively. Under section 4(2), the Commission is empowered to do the
following:
• to undertake research by conducting programs, seminars and workshops and
to
▫ disseminate and distribute the results of such research;
▫ to advise the Government and/or relevant authorities of complaints against
them and to recommend appropriate measures to be taken;
▫ to study and verify any infringement of human rights;
▫ to visit places of detention in accordance with procedures as prescribed by
laws relating to the places of detention and to make necessary
recommendations;
▫ to issue public statements on human rights as and when necessary
▫ to undertake appropriate activities as are necessary.
Organisational Chart
Fundamental Liberties

• are divided into 3…….
• PERSONAL FREEDOM

• Freedom of Speech, to assemble, and to form association
• Freedom of Exile and Restriction of Movement
• Equal Rights
• Slavery and Forced Labour
• FREEDOM OF RELIGION
• Respect in Right of Education
• Special Provision for Malay and Other Races
• ECONOMY FREEDOM

(more infos on this in notes…)
National human rights institutions
• Not all of the following NHRIs are accredited through the

ICC.
• Albania-People's Advocate (Albania)
• Algeria-National Human Rights Commission of Algeria
• Afghanistan-Afghan Independent Human Rights Commission
• Angola-Provedor de Justiça e de direitos (Angola)
• Antigua and Barbuda-Office of the Ombudsman
• Argentina-Defensoría del Pueblo de la Nación Argentina
(Ombudsman)
• Armenia-Human Rights Defender of the Republic of Armenia
• Australia-Australian Human Rights Commission
• Austria-Austrian Ombudsman Board

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MPW 1133

Malaysia’s Right Under

• The 1957 Constitution of the Federation of Malaya is the basis of this

• Establishes Malaysia as a constitutional monarchy having the Yang di-

1.No person shall be deprived of his life or personal liberty save in

-Established by Parliament under the Human Rights Commission of

1. to promote awareness of and provide education relating to human rights;

• Not all of the following NHRIs are accredited through the

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