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Background and Purpose: In Malaysia, there is no specific defence for female victims of domestic violence who in the unfortunate event killed their abusive partners due to provocation. In this instance, they can raise the defence of provocation as expressly stated in Exception 1 to section 300 of the Penal Code (Exception 1). Since the defence was not formulated specifically in the context of domestic violence, the application of the defence may not be able to appreciate the uniqueness of female victims of domestic violence. One notable issue is that of cumulative provocation. Exception 1 is silent as to the legal status of cumulative provocation. However, there have been cases where the accused raised cumulative provocation as a defence against the offence of murder. The research therefore, aims to analyse the legal position of cumulative provocation in Malaysia. Methodology: This research employed a doctrinal legal research approach, conducting a thorough analysis of relevant laws, including the Penal Code (Act 574), Homicide Act 1957 (HA 1957), and the Coroners and Justice Act 2009 (CJA 2009). In addition to statutory analysis, an examination of case law was undertaken to gain insights into the court’s interpretation of the legal status of cumulative provocation. Furthermore, scholarly writings in this field were examined to provide a thorough understanding of the subject. Findings: The decisions of the Federal Court’s cases of Che Omar bin Che Akhir v Public Prosecutor [2007] 4 MLJ 309 and Public Prosecutor v Surbir Gole [2017] 2 CLJ 621 show that cumulative provocation does not fall under Exception 1. This might lead the court to look only at the events that took place immediately before the killing as a single act. This can lead to a perception that the accused’s response, including female victims of domestic violence to provocation is not sufficiently grave. Hence, it is proposed that the cumulative provocation is given statutory recognition under Exception 1 which allows the circumstances of the accused to be taken into account by the court in deciding the defence of provocation. Contributions: This research contributes to the corpus of legal knowledge on cumulative provocation in domestic violence against women within the legal framework of the criminal justice system. [ABSTRACT FROM AUTHOR]

In the wake of the COVID-19 pandemic, the present generation has more ability to shape the future than every previous generation in modern times. Intergenerational justice in general means meeting the current needs without jeopardising future generations; all generations are eligible to a healthy, balanced environment favourable to human progress and the State has fiduciary obligation to use and manage resources efficiently and further promotes balance and sound environmental policy. The synergy between its citizen and State create relationship known as "social contract", but the word "social contract" has a very diverse and unique connotation in Malaysia. The "social contract" referred to the difficulties and intricate compromises reached between major ethnics in Malaysia regarding their mutual rights and privileges, since independence of Malaysia. The Aboriginal in Malaysia is also known as Orang Asli, their communities frequently associated with negative connotation and sometimes less fortunate when compared to other main ethnics in Malaysia. Over the time government regimes change guard but developments of reasonable policies and other actions that promotes intergenerational justice and sustainable development goal towards Orang Asli seem slow in progress. This paper aims to highlight the issues of plight among Orang Asli in Malaysia as they are the minorities within minority communities. In contrast to empirical research, doctrinal approach which is library-based focusing on reading and analysis of the primary and secondary materials will be applied throughout this study. It is the contention of this paper to promote better wellbeing of Orang Asli communities as part of Malaysia nation building. [ABSTRACT FROM AUTHOR]

The internet has become a key hub for communication and information, including drug-related information. Evidence from other nations suggests that medical cannabis is also available online. Yet little is known about medical cannabis dealing on online services in Malaysia. This study examines the current supply and demand of medical cannabis on Malaysian Facebook Pages. Researchers searched for cannabis Facebook Pages in Malay and English between April and June 2022, using the keywords associated with cannabis and marijuana in popular search engines. The Facebook content, including the posts and users' responses to supply and demand information for medical cannabis, were screened and analysed. Subsequently, the contents of the Facebook Pages were categorised into five themes: (1) demand for medical cannabis; (2) testimony; (3) supply information; (4) adverse health effects of medical cannabis; and (5) product types and routes of administration. The findings indicate that medical cannabis is available online and searchable via popular search engines, despite being illegal in Malaysia. A total of 46 Facebook Pages related to cannabis were identified in this study, where 13 pages sell medical cannabis directly, and 3 sell both medical and recreational cannabis. In addition to private messages via Facebook Messenger, most pages share contact details. The information on the sampled Facebook Pages reflected the growing demand and illegal sales of medical cannabis in Malaysia via online platforms since 2012. Thus, there is an urgent need for proper regulations and laws to control medical cannabis usage besides protecting patients against potentially harmful medical cannabis online. [ABSTRACT FROM AUTHOR]

Terrorism prosecution has become a significant challenge for the criminal justice system (CJS) in Pakistan as the acquittal rate is very high while the conviction rate is extremely low. During the past few decades, increasing terrorist attacks in Pakistan and the failure of law enforcement to prosecute the accused has contributed to this issue. Due to the delay and flawed process of producing and constructing evidence, the dismissal rate is high when these cases are finally brought to the court. As a result, most "hard-core terrorist" cases are acquitted and seldom go to the higher courts to face trial. Police officers have been considered as the main contributor for the failure of Pakistan's CJS due to their weak investigation and procedural mistake during registration of the first information report, but in fact, two other actors are also responsible; prosecutors and judiciary of Pakistan. This article finds that the three basic pillars of CJS, the police, prosecution and judiciary play a blame game considering each other responsible for these flaws instead of being supportive and to complement each other through institutional coordination. The situation is also worsened by all three pillars operating in isolation despite having the same goals. This article concludes with suggestions for overcoming the weaknesses in the CJS of Pakistan particularly the police force, prosecutor and judiciary and thus ensuring successful prosecution of terrorists in Pakistan. [ABSTRACT FROM AUTHOR]

The rights of indigenous peoples have been recognized in international law, predominantly under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Nevertheless, the recognition of such rights at the domestic level varies according to the laws and practices of each country. Accordingly, the main objective of this article is to comparatively analyze the legal recognition of the rights of the indigenous peoples between Orang Asli in Peninsular Malaysia, Indigenous Cultural Communities/Indigenous Peoples (ICC/IP) in the Philippines and the Maori in New Zealand. This article adopts a socio-legal methodology and analyzes the data qualitatively. This article finds that the position of recognition of the rights of indigenous people in New Zealand and the Philippines is better than the recognition of the rights of Aboriginal peoples in Peninsular Malaysia. Thus, the current study proposes an improvement in terms of legislation to recognize the rights of Aboriginal peoples, such as the amendments to the APA and empower the role of JAKOA. In conclusion, this article can significantly contribute to the sustainable development of the Orang Asli. [ABSTRACT FROM AUTHOR]

There is no proper mechanism for monitoring the effectiveness of indigenous legislation and evaluating its application in the day-to-day practice of the public administration and society. This paper firstly identifies and conceptualises the variables of State capacity and, secondly, provides empirical advances that analyse State capacity under each variable to demonstrate in practicing how those variables influence or determine the actual enjoyment of the indigenous peoples’ rights in Malaysia. Toward the purposes of this analysis and from the literature review [14,45], this analysis has identified the following variables: (i) accountability; (ii) legal legitimacy; (iii) political will; and (iv) capacity building and resources. This paper however will focus on the first variable: State accountability. The analysis clearly illustrates the implementation gap in the public administration. In few exceptions, State bureaucracy reacts as a State capitalist or rent-seizing State towards new legislation or policy passed in favour of indigenous peoples and, in doing so, rejects the recognition of the indigenous peoples’ rights.

Medicinal cannabis has been used for over 6000 years, and clinical trials have revealed its many therapeutic benefits. Despite its medicinal values and therapeutic benefits, Muslim countries are reluctant to accept the legal use of medicinal cannabis. Currently, Malaysian law prohibits the use of cannabis, either recreationally or medically. As a result, those who use cannabis for medical purposes may face severe punishment. Due to desperate situations, some Muslims purchase cannabis illegally through the black market for self-medication without knowing the legal status of access to cannabis in Islam. Therefore, this article intends to investigate the legal position of cannabis and the extent of cannabis prohibition in Islam. In achieving the objectives, this paper will review the debates between schools of Islamic thought and examine the approach of Muslim jurists in recognising the therapeutic benefits of cannabis through content analysis. Findings show that it is permissible to consume cannabis for medical purposes in Islam under certain situations, and the act of purchasing cannabis from the black market goes against Islamic principles. It is hoped that this article will provide enlightenment on these issues, especially to Muslims around the world, to correct any misapprehension. It is suggested that Muslim countries participate in conducting more research on the medicinal benefits of cannabis. Finally, to address the issues of misgivings among patients requiring legal medicinal cannabis, it is hoped this study will help to equip Muslim doctors with the requisite knowledge on the position of medical cannabis. [ABSTRACT FROM AUTHOR]

The usage and values of cannabis, or cannabis for medicinal purposes, have been historically recognised since ancient times. Evidence from clinical research demonstrated the therapeutic advantages of cannabis in an extensively wide area of medicinal aspects. Resultantly, many nations have decided to legalise the medicinal use of cannabis. Despite the international recognition of medical cannabis, Malaysia maintains the status quo of cannabis prohibition as a highly addictive drug with no medicinal value. The Malaysian government argues that the harmful effects of medical cannabis legalisation outweigh the benefits. No review paper has discussed the current research patterns on the impact of medical cannabis legalisation, while thematic review studies on this issue are limited. Therefore, this article synthesised literature from 2017 to 2021 to identify research patterns and recent academic discussions on the impact of medical cannabis legalisation. A keyword search and screening process utilising Scopus and Web of Science (WoS) databases inclusion criteria yielded 718 peer-reviewed academic journal articles. Nonetheless, only 72 articles were selected for final evaluation following the exclusion and inclusion process. The thematic review of the 72 publications identified 19 preliminary codes on the impact of medical cannabis legalisation. The ATLAS.ti 9 software was utilised to conduct the theme analysis review of the selected articles. The quantitative results presented the research patterns of the impact of medical cannabis legalisation. Additionally, the qualitative analysis generated five main themes developed in the literature on the impact of medical cannabis legalisation, namely (1) impact on health, (2) impact on policy, (3) impact on society, (4) impact on health system, and (5) impact on criminal activities. The findings will benefit future studies on implementing medical cannabis law (MCL) in Malaysia. Unfortunately, this study is limited to Scopus and WoS databases, and the impact of recreational cannabis legalisation is not included. The findings may benefit future research on medical cannabis legalisation and the suitable regulatory framework of medical cannabis policy for Malaysia. [ABSTRACT FROM AUTHOR]

The issue of Indigenous peoples’ rights has always been fought for both internationally and domestically. This writing focuses on implementing the principle of “Free, Prior, and Informed Consent” (FPIC) in the affairs of the Orang Asli in Semenanjung Malaysia. Article 3 of the Declaration of the Rights of Indigenous Peoples (DHOA) 2007 recognise the FPIC principle which entails the spirit of the right of Indigenous peoples to self-determination. The principles of IMABT and consultation are key aspects of the right to self-determination that allow the Indigenous community of a country to be involved in the decision-making process on matters that may affect them. Malaysia has not prepared any guidelines for implementing the FPIC principle despite agreeing with the adoption of the DHOA. Therefore, this paper presents a proposal to implement on FPIC guideline which is practical and suitable for Orang Asli in Malaysia. For this purpose, the Philippines will be used as a reference country to see how this principle is implemented in the country. If this principle is successfully implemented, it will be a great starting point that recognizes the rights of Orang Asli and will also be able to improve their socio-economic status. [ABSTRACT FROM AUTHOR]

Investigative detention plays a significant role in the Malaysian criminal justice system. At this stage, a suspect is still presumed innocent until proven guilty. However, there are situations where a suspect is detained for a long period for having more than one police report lodged against the suspect (further offenses). Such detention is referred to as chain remand. The practice of chain remand represents a blatant abuse of power by the Royal Malaysian Police and it is an infringement of an individual’s fundamental human rights both under the Federal Constitution of Malaysia and the Universal Declaration of Human Rights. This practice exploits the existing loopholes and abuses the remand proceedings in order to unlawfully detain a person under the veil of legality. Therefore, this article will highlight the experience of investigating officers who have handled chain remand cases. This study recommends the specific laws of chain remand be regulated to prevent police officers from continuing to be accused of abusing their power. The methodology of this study is based on semi-structured interviews with 18 investigating officers who have experience conducting chain remand cases in Malaysia. Besides the interview, the author also used the comparative-legal method to look at the application of law in countries other than Malaysia. The results of this study show that there are weaknesses and loopholes in the existing legislation when the existing legislation fails to curb the problem of chain remand. Nevertheless, legal weaknesses are not the only factors contributing to the problem of chain remand practice; there are other factors such as the non-existence of clear guidelines to manage the chain remand cases, the difficulty of obtaining good cooperation from the complainant who lodged the police report, the inadequacy of courses to assist the police in carrying out their duties more smoothly, and the role of the prosecutor and the courts to expedite the order process involving chain remand cases. Therefore, this study indicates the importance of the existing laws, specifically on chain remand, in addition to suggesting other improvements related to chain remand to solve this problem. [ABSTRACT FROM AUTHOR]

The practice of chain remand would cause human rights violations if the application was granted without reasonable cause and reason. This chain remand problem was tried to be addressed in 2007, which was amongst the factors that led to the amendment of the Criminal Procedure Code (CPC) at that time due to the defilement of human liberty. In Malaysia, there are governmental and non-governmental bodies that are active in ensuring that the human rights of the entire community are protected from being violated. The issue of wrongful detention involving chain remand during an investigation is not a new issue. This issue is constantly highlighted and efforts to address it are often raised by the responsible parties. This study aims to analyse the roles of these bodies in dealing with chain remand complaints in Malaysia using a qualitative research approach by way of in-depth interviews, roundtable discussions, and document analysis. The study discovered that these human rights bodies in Malaysia were able to investigate the complaints, but did not have a role to take any actions. Their role is only to provide recommendations to the complainants to take action. Therefore, this study recommended establishing a legal provision with respect to the power to impose prosecution or disciplinary action on the officers involved in illegal detention without due cause. This study also suggests the function should be given to the prosecution department to take action to curb the problem based on solid evidence. [ABSTRACT FROM AUTHOR]

Background and Purpose: Under the criminal justice system, the burden lies on the prosecution to prove the guilt of the accused. It is worth noting that a criminal trial is not one-sided; it also allows the accused to raise his defence to prove his innocence. The research aims to analyse the right of the accused to raise a defence and when the defence should be raised in a criminal trial process in Malaysia. Methodology: This research adopts a legal research approach involving a detailed analysis of the relevant legal provisions, case law and scholarly writing related to this area. Findings: The research found that the Criminal Procedure Code (CPC) (Act 593) is silent as to when the defence should be raised. That being said, with reference to the Supreme Court's case of Lin Lian Chen v. Public Prosecutor [1992] 1 CLJ 285 (Rep), the accused should introduce his defence at the earliest stage as possible. Failing this may give rise to the presumption that the defence raised was a mere invention. Although the principle has been regarded as a law in raising defence, there are still cases where the accused did not present the defence at an earlier stage. Contributions: This research contributes to the corpus of legal knowledge of criminal defence, particularly on raising criminal defence in a criminal trial with the aim of providing better protection for the accused in the criminal justice system. [ABSTRACT FROM AUTHOR]

This article assesses the responsibility of local governments in Indonesia for the management of refugee care, following the enactment of Presidential Regulation No. 125 of 2016 concerning the Treatment of Refugees (the "PR"). It highlights the limited authority of local governments in handling refugee issues—which is an issue that cuts across several national legal and administrative regimes including Foreign Affairs, Human Rights, and Immigration. This article focuses on the constraints of local political dynamics and budgeting in allocating local government funds for refugee care. In addressing these concerns, the authors argue that the PR should be amended to explicitly define the role of local governments in managing refugee issues and to include the regional revenue and expenditure budget as a source of funding. In addition, the authors argue that local governments that are hosting refugees should establish relevant local regulations for implementation of the PR. [ABSTRACT FROM AUTHOR]

For many years, the indigenous peoples had been experiencing various acts of marginalisation and discrimination. However, to this day, the definitions and rights of the indigenous peoples in certain jurisdictions are still left ambiguous. These rights includes the right to self-determination which, on the surface, is linked to freedom to choose political status and cultural or economical development and can be considered as one of the vital rights for indigenous peoples as it allows the community to decide on various aspects of their lives. Looking beyond that, this concept can be further classified into external and internal self-determination and each country may adopt a different approach to this right. As Greenland has a relatively higher population of indigenous peoples, the laws and regulations on indigenous peoples can be distinct. Therefore, this study examines the availability of self-determination policies and possible issues on it's implementation in Greenland in comparison to the rights of the Orang Asli in Peninsular Malaysia. By using critical legal analysis, this study provides an insight to the exercise of self-determination rights of the indigenous peoples in other jurisdiction and the relevancy of the same right in Malaysia which can help to identify certain aspects to be improved on in the existing national indigenous peoples' rights laws. [ABSTRACT FROM AUTHOR]

The Convention against Torture and Other CAruel, Inhuman or Degrading Treatment or Punishment 1984 (UNCAT) which was drafted after having regard to certain international human rights instruments such as the Universal Declaration of Human Rights 1948 and the International Covenant on Civil and Political Rights 1966, is an instrument specifically drafted to put an absolute prohibition on any forms of torture, and other acts of cruel, inhuman, or degrading treatment or punishment. So far, a majority number of 169 Member States of the United Nations has become State Parties to UNCAT, save for Malaysia and some other minority Member States. Although there have been calls for Malaysia to accede to UNCAT, Malaysia has always argued and maintained its position that it is not ready for accession. Therefore, this manuscript aims: (a) to establish a backdrop to this research by identifying the meaning of "torture" and "other cruel, inhuman or degrading treatment or punishment" and State Parties' duty under UNCAT; (b) to ascertain the challenges and potential for Malaysia in becoming a State Party to UNCAT and accordingly, to recommend the approach to be taken by Malaysia pertaining to UNCAT accession. A legal research methodology via qualitative method that uses primary sources such as international human rights instruments and secondary sources such as academic literatures, is adopted for the purpose of this manuscript. [ABSTRACT FROM AUTHOR]

This study reviews legal instruments relevant to the rights of indigenous peoples to education, the indigenous education system in Malaysia, as well as their rights and practices in other jurisdictions. The review shows that the indigenous peoples in Malaysia face many challenges and issues while exercising their rights to education. Among the problems faced by indigenous peoples in Malaysia include the lack of access to trained teachers, inadequate funding, and a lack of knowledge among teachers, in terms of indigenous culture and tradition, which seemingly play no role in shaping the education system in Malaysia. Evidence of these problems can be seen in terms of the opportunities provided to indigenous peoples to participate in decision-making, curriculum design, teachers' selection, and teaching methods that respect indigenous cultures and traditions. This is not compatible with the international law standards and some states' best practices that recognize indigenous peoples' right to establish and control their educational systems and institutions and provide education in their language, in a manner consistent with non-discrimination teaching and learning culture. This paper is expected to contribute to improving the quality of education of the indigenous peoples in Malaysia through some recommendations. [ABSTRACT FROM AUTHOR]

The role of UNHCR and respective transit countries is to help refugees find lasting solutions that will allow them to rebuild their lives in dignity and peace, via local integration, voluntary repatriation or resettlement in a third country. Awaiting resettlement, the refugees are always mistakenly believed to be economic migrants or illegal immigrants. Due to the absence of legal or administrative regulations governing refugees, they are exposed to detention with the possibility of refoulement. These refugees are not legally permitted to work, which leads them to work discreetly and are willing to perform lowpaying jobs in order to earn a living. Children are denied proper education and healthcare, which are considered as luxuries they could not afford. All these are common and enduring plights that still haunt refugees in Malaysia. This article reviews the plight of refugees in Malaysia during the transitional period before resettlement, discusses the roles of Malaysia as a transit country, and proposes lasting solutions for refugees in Malaysia. It is hoped that this article will provide a better understanding of the roles of transit countries particularly Malaysia for protection of refugees' rights especially on their resettlement. In addition, assistance from UNHCR and other NGOs are also important to solve this problem. [ABSTRACT FROM AUTHOR]

To date, transnational corporations (TNCs), including oil and gas (O&G) companies, have had no direct human rights obligations under international law. International law and human rights law have principally focused on protecting individuals from violations by the government. In view of the recent development, it is timely to have a look into O&G laws in Malaysia. This article presents a brief summary of basic picture of O&G industry in Malaysia. In the first part, it gives a brief introduction of historical development of O&G industry and introduction of United Nations Guiding Principle (UNGP). It also discusses on the role of PETRONAS as the appointed main regulators of O&G industry in Malaysia. It then attempts to lay down the relationship between existing legal frameworks governing the activities in the value chain of the O&G industry in Malaysia and State responsibility to protect under UNGP principle. [ABSTRACT FROM AUTHOR]

Terrorism is not a domestic issue but is instead a global phenomenon. The changing form of terrorism is going to be complex day by day. Every State is facing terrorism, and no State is immune to this disease. None the least, the lack of a universally accepted definition of terrorism is a significant hindrance in developing effective international counter terrorism strategies. The 9/11 attacks in the US have unavoidably shaped the fight against by demanding a rapid and unified reaction from the international community. This Paper examines the meaning of terrorism and also evaluates the definitions of terrorism presented by various scholars. It also highlights the hurdles which are hindering in attaining a universally accepted definition of terrorism. Moreover, the definitions of terrorism by the International bodies such as the United Nations General Assembly, the Security Council, the International Court of Justice and the International Criminal Court are also analysed. The analysis provides a foundation for any future evaluation on definition of terrorism under any domestic counter terrorism laws. This Paper concludes that a universally accepted definition of terrorism is necessary to help in curbing the issue of terrorism globally or domestically. [ABSTRACT FROM AUTHOR]

The armed conflict of Libya occurred in 2011 and the authoritarian government of Ghaddafi felt down. During the conflict serious violations of human rights and humanitarian rights law (IHL) occurred and both sides committed serious crimes included of willfull killings, rape, looting, torture and aarbitrary arrests. After the fall of Ghoddafi, a transitional government came to power in Libya that was known as the National Transitional Government of Libya (NTC). The Libyan NTC adopted amnesty laws and considered it as part of the transition of power from the previous government to the new one. This amnesty law was criticized by human rights organizations and human rights activists. In this article after providing a brief introduction to amnesty and introducing various types of it and contemplating on transitional justice, the NTC amnesty law will be examined. [ABSTRACT FROM AUTHOR]

In Malaysia, victims of domestic violence including women may seek protection under the Domestic Violence Act 1994 (Act 521) (hereinafter "DVA 1994"). Pursuant to section 10 of the DVA 1994, female victims of domestic violence (hereinafter "FVDV") have the right to claim compensation from their husbands or former husbands (hereinafter "Abusive Husbands"). The criminal court also has jurisdiction to make a compensation order as stated under section 426 (1A) of the Criminal Procedure Code (Act 593) (hereinafter "CPC"). A qualitative approach was used for this research, consisting of a detailed analysis of the DVA 1994, CPC, Penal Code (Act 574), case laws, journals, newspapers and scholarly writings related to this area. Based on the findings, there are shortcomings within both provisions which may affect the FVDV's claim for compensation. Thus, it is timely to propose amendments and reforms to enhance their rights. These include the insertion of a provision stressing that the claim for compensation under section 10 of the DVA 1994 can be applied through a standalone application, the inclusion of a provision allowing the compensation order to be initiated by the court on its own motion or upon the application by the FVDV themselves, imposing a responsibility on the court to give reasons if the court decides to disallow the application for compensation made, explaining the legal consequence to the offender should the offender fail to comply with the compensation order, and alternatively to consider a state-funded compensation scheme to provide immediate financial assistance to FVDV without going through the court process. [ABSTRACT FROM AUTHOR]

The main objective of this article is to analyze the history and position of Orang Asli during the colonial era. This historical aspect is important to clarify the position of the Orang Asli and the historical implications on the introduction of the laws pertaining to the Orang Asli. In this regard, to achieve the said objective, this article describes the background of Orang Asli in Peninsular Malaysia which includes the definition, classification and their origins briefly. Apart from focusing on the position of the Orang Asli during colonial era, this article also discusses the position of the Orang Asli in the pre-colonial era which includes socio-economic and political aspects. This article found that the position of Orang Asli has changed after the Malay dominated and subsequently more apparent when the colonial settled in Malaya. The colonization has also affected the Orang Asli and laws towards them in Peninsular Malaysia. The position of the Orang Asli undergo some changes after independence. Nevertheless, the tragedies experienced by the Orang Asli during the colonization and emergency era were unforgetable and continue to carve in the history of the Orang Asli life. [ABSTRACT FROM AUTHOR]

Human rights are universal standards that protect and safeguard all persons from severe mistreatments and abuses. The notion of human rights is grounded on the recognition that "all human beings are born free and equal in dignity and rights" and everyone is therefore "entitled to all rights and freedoms" contained in the human rights law. All the rights and freedoms guaranteed by the law can however, be subjected to a restriction according to other laws of the land. The respect and protection for the human rights of a person depend upon his status, whether he is an adult or a child; a prisoner or freeman; male or female. It was argued that prisoners are entitled to all their personal rights as well as personal dignity that are not temporarily taken away by the law or necessarily inconsistent with the circumstances in which they have been placed. The question to ask is do the laws expressly stated the rights that are not forfeited as a result of incarceration? If the answer is in the negative, what is the litmus test to employ in order to determine the rights that are not lost as a result of incarceration? This study examines relevant laws, published and unpublished reports in order to answer the above posed questions. [ABSTRACT FROM AUTHOR]

Due to globalization, migration has become a worldwide trend, and now poses a new challenge to countries that receive and send migrant workers. Many issues have arisen from this trend, especially in terms of the rights of the migrant workers. Malaysia is one those countries that receive migrant workers, with 6.7 million migrants working in Malaysia, comprises of both with legal and illegal status. Without a doubt, Malaysia is a receiving country which depends a lot on migrant workers in boosting her productivity, especially in the economic and development sectors. Migrant workers in Malaysia are required to be covered by a health insurance scheme, particularly for compensation in the event of an accident. The question is whether the right of migrant workers to access healthcare in Malaysia is protected adequately without burdening the government, particularly in terms of the cost? Has the practice in Malaysia fulfil the right to health of migrant workers? Therefore, this article aims at analysing the laws and related instruments governing the issue of right to health of migrant workers in Malaysia. The methodology used theoretical analysis and interviews of identified target groups in order to obtain the primary. The interim analysis demonstrates that the existing policies and legal framework in Malaysia are practising discriminatory treatment against migrant workers in terms of access to healthcare and social benefits. [ABSTRACT FROM AUTHOR]

This study examines the conditions of prisons and the treatment of prisoners in Nigeria. The purpose of this examination is to determine compliance with the benchmarks for the treatment of prisoners and ascertain if prisoners' rights against ill-treatment are safeguarded. The study uses relevant laws, as well as published and unpublished reports, in order to paint a coherent picture of the conditions of prisons and the treatment of prisoners in Nigeria. This article comes to the conclusion that prisons in Nigeria are not operating satisfactorily according to their statutory duties, and instead of functioning as rehabilitation centres they end up contributing to human rights violation. [ABSTRACT FROM AUTHOR]

To enhance learning among the Orang Asli, the Faculty of Law of the National University of Malaysia, popularly known as Universiti Kebangsaan Malaysia (UKM), organised a motivational programme for Orang Asli students in November, 2014. The programme was facilitated by Orang Asli Student Icons, 12 Orang Asli students representing various faculties in UKM. This article discusses the role of the Orang Asli Student Icons in strengthening the level of awareness and motivation among the participants. To gather their insight into their role as facilitator in transferring knowledge and ideas to fellow Orang Asli students, a questionnaire was developed and administered following the motivational programme. In addition to the introduction and conclusion, this article covers four main areas. First, it discusses challenges and barriers within the Orang Asli education system. This is followed by an in-depth description of the motivational programme that was carried out. Third, a demographic analysis of the Orang Asli Student Icons is done. The final section of the ariticle presents the findings and analysis of the Orang Asli Student Icons' perception of their role in knowledge transfer towards motivating and increasing awareness among Orang Asli students. This article concludes that the Orang Asli Student Icons have played a significant role in addressing all challenges and barriers within the Orang Asli education system. This conclusion is supported by the positive feedback received from the participants and post-event statistics on student dropout among the participants involved in the programme. [ABSTRACT FROM AUTHOR]

Human rights is an important subject in legal education. Human rights knowledge relates to awareness of the scope and content of human rights and the relationship of these rights to human dignity and survival. The principal elements of human rights are universality and equality and avenues to seek redress in the event of violation of human rights. Articles 1(5) and 1(10) of the ASEAN Charter state that the purposes of ASEAN are to generate a distinct market and invention base which is steady, affluent, highly competitive and improve human resources through closer collaboration in education and life-long learning. Since Malaysia is a member of ASEAN, this study was deemed important to assess the knowledge of future human rights advocates in Malaysia on human rights principles and mechanism for the protection and enforcement of human rights. It is also important considering the fact that Malaysia is a State Party to three international human rights treaties and some aspects of human rights are enshrined in its Federal Constitution. The study employs qualitative research design in achieving its objectives. [ABSTRACT FROM AUTHOR]

Article 3 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) recognizes the right to self-determination of indigenous peoples. Prior to this international law recognition, the indigenous peoples have gone through various obstacles. Therefore, the main objective of this article is to describe the history and development of the right to self-determination of the indigenous peoples in international law. This research uses socio-legal methodology. For clarity, this article is divided into four parts. In the first part, this paper explains the definition and status of the right to selfdetermination of indigenous peoples under international law. In the second part, the article clarifies the history of the rights to self-determination by referring to the rights of peoples. The third part describes the development of the right to self-determination of the indigenous peoples until it received the recognition under international law. Discussions on the development of the right to selfdetermination include efforts undertaken at the Working Group on Indigenous Populations (WGIP) and the Working Group on the Draft Declaration on the Rights of Indigenous Peoples (WGDD). The article concludes in part four that the recognition of the rights to self-determination is vital to ensure the protection of the rights of indigenous peoples within any States is compatible to the international law standards and thus assists States in meeting international law obligations. [ABSTRACT FROM AUTHOR]

Migration has been a socio-political hallmark in Southeast Asia, more so in recent times as the region advances towards an ASEAN community by 2015. With its steady economic growth and internal political stability, Malaysia receives the most number of migrants aside from Thailand and Singapore. Statelessness and its risk look set to continue in the long run both as a cause and implication of cross-border movement of persons. A considerable number of such migrants share one striking attribute, i.e. their irregular status in the host country, and hence, the lack of protections of their basic rights both from the source and host countries. Going on the premise that there is a strong underexplored nexus between migration and statelessness, this article unravels the interconnections between these two scenarios. Beginning with the crucial introduction of the term 'statelessness' and its causes and consequences, this article subsequently embarks on exploring the manner in which modern patterns of migration expose several groups of vulnerable persons of a migratory background to the risk and limbo of statelessness in Malaysia. Central to the analysis are how the identified groups of persons are impacted by both concepts of de jure and de facto statelessness, the unique interplay between migration and statelessness, the many facets of disenfranchisement of rights saddled upon them by their irregular status, and the underlying challenges behind such anomaly. The article adopts international law as the main framework to guide the overall discussion. [ABSTRACT FROM AUTHOR]

This article discusses the plight of the Rohingya, an ethnic group in Myanmar who has been suffering an institutionalised persecution and discrimination since the administration of military junta. The paper argues that the Rohingya is facing a serious threat of genocide, ethnic cleansing and crimes against humanity, while the government of Myanmar has failed in its primary duty to protect them. Due to such failure, the responsibility to protect them falls on the international community to prevent the occurrence of mass atrocities under the principle of Responsibility to Protect (R2P). The objectives of this article are twofold. First is to provide an understanding of the plight of the Rohingya and second is to analyse the application of R2P as a solution to the crisis. This article provides recommendations to the government of Myanmar, Association of South East Asian Nations (ASEAN) and the United Nations (UN) on the role to be played through tri-parte action for the application of the principle of R2P in Rohingya crisis. To do this, the researchers conducted a qualitative analysis of plethora of literatures and official reports on Rohingya crisis and R2P. [ABSTRACT FROM AUTHOR]

Contemporarily, the rights of indigenous peoples are considered to include the right to free, prior and informed consent (FPIC), perceived as mandating consultations and negotiations between indigenous peoples and interested parties, followed by approval from the indigenous communities affected prior to the beginning of initiatives, whether social, political or developmental in nature. The current article considers the situation of the Orang Asli in Malaysia against the growing support for FPIC within international, regional and domestic legal regimes. This paper will be structured as follows: firstly, the exercise of the right to FPIC is defined in the context of the rights of indigenous peoples. Secondly, existing international, regional and domestic legal frameworks that promote FPIC for indigenous peoples are examined. Thirdly, the approach taken by the Malaysian government towards the Orang Asli in relation to FPIC and development projects is surveyed. Lastly, recommendations are made in light of the challenges faced by interested parties when indigenous peoples desire to exercise the right to FPIC. [ABSTRACT FROM AUTHOR]

This article critically evaluates the idea of 'peoples' as a legal concept under international law and its significance to indigenous peoples as holders of the right to self-determination. It further addresses the issue as to whether indigenous peoples are actually the holders of the right to self-determination and whether the content of the right to self-determination for indigenous peoples equates to the one currently granted to 'peoples under international law. Finally, this article evaluates the applicability of the idea of indigenous peoples as 'peoples' or 'minorities' in the Malaysian context, particularly concerning the scope and content of the right to self-determination accorded to the Orang Asli [ABSTRACT FROM AUTHOR]

One of the issues currently being addressed concerning the management of biological resources is the protection of indigenous peoples' resources and traditional knowledge. The reason is the existing legal frameworks especially with regards to intellectual property (IPR) system do not provide adequate protection for the indigenous peoples' resources and knowledge. While the Convention on Biological Diversity (CBD) has introduced an obligation to seek prior informed consent for the use of any traditional knowledge and ensure benefit-sharing, the existing IPR system does not have the requirement for benefit-sharing. The IPR system was also not designed for the protection of traditional knowledge in its original form (i.e. in its oral and non- documentation existence). Such features make the knowledge inaccessible for inspection by the patent officers and therefore "facilitate" biopiracy when patents were granted on innovations that were based on existing knowledge. As a consequence, traditional knowledge documentation (TKD) project has been accepted as an interim tool to overcome the shortcomings of the existing legal framework. This paper evaluates the objectives, form and required framework for TKD. As a case study, this paper specifically looks at the TKD projects in India and identifies the issues and lessons that can be learnt from the Indian experience. As a comparison, similar efforts by Malaysia's Sarawak Biodiversity Centre are also studied. This paper will demonstrate the weaknesses of the existing TKD projects that could eventually lead to "promotion" instead of "prevention" of biopiracy. [ABSTRACT FROM AUTHOR]