A move towards UNCAT accession by Malaysia: challenges and prospects

Abstract

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.