FORUM-ASIA and Suara Rakyat Malaysia (SUARAM) welcome the reply from the ASEAN Intergovernmental Commission on Human Rights (AICHR) regarding the cases of two Malaysian human rights advocates and other human rights defenders.
The response was delivered by the Chair of AICHR / AICHR Malaysia, Edmund Bon Tai Soon, following a submission made by FORUM-ASIA on 25 March 2025, concerning the judicial harassment of Mr. Sevan Doraisamy, Executive Director of Suara Rakyat Malaysia (SUARAM), and Ms. Azura Nasron, Programme Manager at SUARAM and a family member of a detainee held under Security Offences (Special Measures) Act (SOSMA). The letter also emphasised the importance of aligning domestic laws affecting freedom of expression and freedom of peaceful assembly and of association with the ASEAN Human Rights Declaration and Phnom Penh Statement. The response was based on the demand for AICHR’s involvement in the review process of SOSMA, as previously committed by Malaysia’s Prime Minister Anwar Ibrahim.
“We sincerely thank you, in your capacity as Malaysia’s Representative and Chair of the ASEAN Intergovernmental Commission on Human Rights (AICHR), for the proactive steps taken in response to the concerns we raised. We especially appreciate your efforts to engage with relevant national agencies and consult them on this matter,” said Mary Aileen Diez-Bacalso, Executive Director of FORUM-ASIA.
Background
In the letter, FORUM-ASIA expressed concern over the summons issued to three human rights advocates and family members of SOSMA detainees. The summonses followed a peaceful initiative on 10 February 2025, during which the individuals sought to engage with the Ministry of Home Affairs (MOHA), submit a memorandum, and obtain information regarding the conditions and well-being of their detained relatives.
The organisation also reiterated its deep concern over the continued use of several problematic laws, including the Communications and Multimedia Act 1998, the Sedition Act 1948, the Printing Presses and Publications Act 1984, the Online Safety Act 2024, the Societies Act 1966, and various provisions of the Penal Code.
At the same time, FORUM-ASIA acknowledged and welcomed the government’s announced intention to amend the Peaceful Assembly Act 2012, particularly the proposed repeal of Section 11 to better facilitate public gatherings, as well as the moratorium imposed by the Prime Minister in February 2025 and the ongoing review of SOSMA.
Response from AICHR
On 19 June 2025, AICHR Malaysia stated in its response that the Representative had engaged with and obtained further information from relevant national agencies. It was reported that investigation files were opened regarding the cases involving the named individuals; however, these cases were later classified as “No Further Action” (NFA).
“We view this as a positive precedent, demonstrating that AICHR, as a regional mechanism, can be responsive to complaints of human rights violations brought before it. Moving forward, such complaints must also be addressed with actionable and time-bound measures to ensure accountability to the victims,” added Bacalso.
“We trust that, as the current Chair of AICHR, you will continue to exercise the mandate under Articles 4.7 and 4.10 of the AICHR Terms of Reference, to provide advisory services and technical assistance on human rights issues, and to request and obtain information from ASEAN Member States in relation to the promotion and protection of human rights. We would be pleased to provide additional information pertaining to these laws and reaffirm our commitment to continued engagement with AICHR on matters concerning the protection and promotion of human rights in the region,” concluded Bacalso.
Ways Forward
Despite this positive step toward the case and the review and reassessment of the PAA and SOSMA in upholding civil liberties, FORUM-ASIA and SUARAM would like to respectfully draw attention to the other aforementioned problematic laws, which are weaponised by the state to curtail rights to freedom of expression, peaceful assembly, association and access to information – including among human rights defenders in the country.
FORUM-ASIA and SUARAM reiterate our call for AICHR to evolve into a more resilient, innovative, and adaptive institution, in line with the newly adopted ASEAN Vision 2045. This transformation should include developing mechanisms to enhance AICHR’s proactiveness in addressing human rights violations in the region—whether through practice or integration into its Terms of Reference, which is currently under revision.
The Asian Forum for Human Rights and Development (FORUM-ASIA)
The Asian Forum for Human Rights and Development (FORUM-ASIA) is a network of 85 member organisations across 23 countries, mainly in Asia. Founded in 1991, FORUM-ASIA works to strengthen movements for human rights and sustainable development through research, advocacy, capacity development and solidarity actions in Asia and beyond. It has consultative status with the United Nations Economic and Social Council, and consultative relationship with the ASEAN Intergovernmental Commission on Human Rights. The FORUM-ASIA Secretariat is based in Bangkok, with offices in Jakarta, Geneva and Kathmandu. www.forum-asia.org
Suara Rakyat Malaysia (SUARAM) is a non-governmental organisation established in 1989 to monitor and advocate for the respect of human rights in Malaysia. Through its consistent and uncompromising work, it has established itself as one of the key human rights organisations, one to which Malaysians turn for information and support.
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