Malaysian Strategic Plan 2021–2025

The overarching thrust of Malaysia’s Foreign Policy since independence in 1957 has been to safeguard Malaysia’s sovereignty and defend its national interests. As the geopolitical ecosystem evolved, so too did Malaysia’s diplomacy in building a just and equitable global community of nations. (WISMA PUTRA, STRATEGIC PLAN 2021–2025, at p. 8, accessed at, https://www.kln.gov.my/documents/8390448/8414662/Strategic+Plan+2021-2025.pdf/83e7a511-2820-4ccf-b65f-797f14964d5c, 7 January 2023.)

For this purpose, the Ministry of Foreign Affairs (Wisma Putra) adopted the forward-looking Malaysian Strategic Plan 2021–2025 meant to guide Malaysian diplomats in maneuvering the challenges over the next five years. (Wisma Putra Strategic Plan 2021–2025 – See Foreword by YB Dato’ Seri Hishammuddin Tun Hussein, Minister of Foreign Affairs of Malaysia at p. 1; See also Foreword at p. 3 by YBhg. Dato’ Sri Muhammad Shahrul Ikram Yaakob Secretary-General Of The Ministry Of Foreign Affairs Of Malaysia, https://www.kln.gov.my/documents/8390448/8414662/Strategic+Plan+2021-2025.pdf/83e7a511-2820-4ccf-b65f-797f14964d5c, 7 January 2023.)

Under the Strategic Plan, Malaysia remains committed to all bilateral, regional and multilateral engagements. The Strategic Plan states that ASEAN will continue to be the bedrock of Malaysia’s foreign policy due to its geographical proximity and geopolitical strategic interests to the nation. It also underscores the importance of regional collective peace and prosperity. With the Strategic Plan as the blueprint, Wisma Putra will continue to play a meaningful role between Malaysia and the international community for the betterment of humankind, consistent with Malaysia’s prosper-thy-neighbor principle. The Strategic Plan takes cognizance of the 2030 Agenda for Sustainable Development Goals (SDGs). (Wisma Putra Strategic Plan 2021–2025, at p. 5.) At the multilateral fora, Malaysia,

• 1) is committed to multilateralism for the promotion of global peace, security and prosperity;

• 2) upholds the principles of international law as evidenced in Malaysia’s record in peacekeeping operations under the United Nations; and

• 3) participates in the deliberations towards finding practical solutions to various global issues including the Non-Aligned Movement, the Organisation of Islamic Cooperation and the Commonwealth.

Under the Strategic Plan, to reinvigorate Malaysia’s role in the multilateral platform, (Wisma Putra Strategic Plan 2021–2025 at p. 10), seven strategic thrusts, were adopted as follows:

Strategic Thrust 1: Strengthen and Consolidate Bilateral Diplomacy. (Wisma Putra Strategic Plan 2021–2025 at p. 37–41).

Strategic Thrust 2: Engage Effectively in Multilateral Diplomacy. (Wisma Putra Strategic Plan 2021–2025 at pp.43–45).

Strategic Thrust 3: Proactive Role in ASEAN. (Wisma Putra Strategic Plan 2021–2025 at pp. 47–51).

Strategic Thrust 4: Uphold Sovereignty and Integrity of Maritime Areas. (Wisma Putra Strategic Plan 2021–2025 at pp. 53–56).

Strategic Thrust 5: Provide Effective and Timely Services to the Ministry’s Stakeholders and Clients. (Wisma Putra Strategic Plan 2021–2025 at pp. 57–59).

Strategic Thrust 6 – Provide Effective Strategic Communication and Public Diplomacy. (Wisma Putra Strategic Plan 2021–2025 at pp. 61–63).

Strategic Thrust 7 – Strive for Excellence in Human Capital. (Wisma Putra Strategic Plan 2021–2025 at pp. 65–68, 75).

Diplomatic Missions

No new missions were established in 2021. Therefore, the most recent missions are as follows:

• 1) Melbourne May 2011,

• 2) Ashgabat December 2011,

• 3) Nanning June 2015,

• 4) Xi’an October 2016,

• 5) Baku April 2016,

• 6) Holy See March 2016, and

• 7) Istanbul July 2020. (Wisma Putra Strategic Plan 2021–2025 at p. 87.)

Immunity from the Criminal Jurisdiction of Diplomat

International law – Immunities – Immunity from prosecution – Whether former Director (‘appellant’) of Asian International Arbitration Centre (‘the Centre’) was immune from criminal prosecution for acts done while he was Director Sundra Rajoo a/l Nadarajah v Menteri Luar Negeri, Malaysia & Ors, Federal Court (Putrajaya) – Civil Appeal No 01(f)-38-12 of 2020(W), [2021] 5 MLJ 209

This case arose between Mr. Sundra Rajoo, the Appellant who was the retired director of the Asian International Arbitration Centre (AIAC/‘the Centre’), and the Minister for Foreign Affairs Malaysia, the Respondent, where the latter denied Mr. Sundra Rajoo immunity from criminal prosecution. Mr. Sundra Rajoo claimed immunity from criminal prosecution within Malaysia for an offense of criminal breach of trust under section 409 of the Malaysian Penal Code for having sold copies of a book on arbitration that he wrote with permission from the Centre. The Minister for Foreign Affairs of Malaysia, the respondent, denied Mr. Sundra Rajoo’s immunity from the criminal suit. The AIAC is an international inter-governmental organization comprising 47 member states. A host-country agreement signed between the AIAC and the Government of Malaysia gave the Centre various privileges and immunities both to the Centre and its staff to allow it to function as an independent arbitral institution. Mr. Sundra Rajoo claimed he was entitled to immunity from the criminal suit under the Malaysian International Organisations (Privileges and Immunities) Act 1992 (‘Act 485’) that was amended in 2011 by the Kuala Lumpur Regional Centre for Arbitration (Privileges and Immunities) (Amendment) Regulations 2011, in respect of acts and things he had done in his capacity as the Director. The Secretary-General of the Centre had neither waived Mr. Sundra Rajoo’s immunity nor had given the Malaysian authorities his consent to prosecute Mr. Sundra Rajoo. Furthermore, Mr. Sundra Rajoo contended that it was with the permission of the AIAC that he had written the impugned book, sold the copies thereof and transmitted the royalties to the Centre. The High Court affirmed his immunity from criminal prosecution. The Court of Appeal reversed the High Court’s decision. The Federal Court affirmed the decision of the High Court and the criminal charge was thereby declared a nullity.

The Federal Court was unanimous in its decision and upheld the High Court’s verdict that Mr. Sundra Rajoo, the Appellant, had immunity, including criminal immunity, as a former Director of the Centre for acts done within his official capacity, as follows:

[60] It is pertinent to state that we were guided by the general aim of the purpose of the immunity which was granted, to wit, to protect and preserve the inviolability of AIAC, its documents and its archives. Where the Malaysian former High Officer acts in his official capacity, the purpose of conferring that immunity remains the same whether the nature of the proceedings against him are civil or criminal unless the Host Country Agreement or Act 485 provided otherwise. [2021] 5 MLJ 235.

[66] To reiterate, we found that the appellant acted within the scope of his function such that he is entitled to the immunity sought, that the appellant’s functional immunity included immunity from criminal proceedings … because the appellant acted in his capacity as Director of AIAC and as such the immunity was to safeguard the interests of AIAC. In other words, the immunity was not to benefit him but to respect the integrity and independence of … AIAC under the terms of the Host Country Agreement. [2021] 5 MLJ 236.

A Child’s Right to Bail under the Convention on the Rights of the Child

Applicability of International Human Rights Conventions in Malaysia – Child commits non-bailable criminal offense under national law – Position under the Convention on the Rights of The Child

Mack (a child) v Public Prosecutor [2021] MLJU 2342 Malayan Law Journal Unreported High Court (Kota Bharu) Criminal Trial/Perbicaraan Jenayah NO DA-44-56-09/2021, 16 November 2021

In Mack (a child) v Public Prosecutor, the Public Prosecutor brought a drugs-related charge against a 16-year-old Applicant who was a child, before the Sessions Court of Kota Bharu, in the state of Kelantan. The Applicant was charged under section 12(2) of the Dangerous Drugs Act 1952 (“Act 234”) punishable under section 39A (2) of the same Act together with three others accused of having in their possession 43.6-grams of dangerous drugs, Methamphetamine. This was a non-bailable offense under Act 234 upon which no bail could be granted. [2021] MLJU 2342 at para 17.

The bail application was made under section 388 of the Criminal Procedure Code (CPC) pending trial by the child Applicant. The question before the Court was two-fold: (1) was a child under Act 234 entitled to bail under the Convention on the Rights of the Child (“UN Convention”) putting the best interest of the child applicant forward as Malaysia was a party to the Convention and (2) what was the position of international law rules and norms in the domestic legal system of Malaysia. This case note does not address the latter question but only addresses the former question of bail.

On the question of bail, the Court held that, as the child Applicant was already charged, the relevant law on bail pending trial as discussed earlier, should apply. The CPC as general law could not supersede the specific law. The law as it stood in regards to person charged under Act 234 was clear that if the offense was punishable with imprisonment for more than five years, no bail should be granted. There was no specific provision under Act 234 that dealt with the arrest, investigation and criminal trial in respect of a child. [2021] MLJU 2342 at para 28.

In Malaysia, the national legislation related to children was the Child Act 2001 (“Act 611”). The act was promulgated to consolidate and amend all laws on the care, protection and rehabilitation of children and to provide for matters connected therewith and incidental thereto. These include matters connected to the arrest, investigation and criminal trial of a child. [2021] MLJU 2342 at para 25. Further, the Court held that Act 611 did not provide any assistance for this court to entertain this application. The treatment of a child could not be the same as of an adult person. Nevertheless, such recognition must be by way of an amendment to Act 611 or Act 234 by the Parliament and could not be made by judicial pronouncement. [2021] MLJU 2342 at para 29.

The Court dismissed the application and concluded that the Court was satisfied that it should not entertain the application and, accordingly, dismissed the application. [2021] MLJU 2342 at para 30.

Human Rights Conventions and the Importance of National Legislation

Applicability of International Human Rights Conventions in Malaysia – Child commits non-bailable criminal offense – Importance of the role of national legislation

Mack (a child) v Public Prosecutor [2021] MLJU 2342 Malayan Law Journal Unreported High Court (Kota Bharu) Criminal Trial/Perbicaraan Jenayah NO DA-44-56-09/2021, 16 November 2021

(Same facts as in 3.1.2)

On the question of international law in Malaysia and of human rights treaties in particular, the Court held:

Under Article 40 of the UN Convention, States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others and which considers the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society. Among others, the State party shall ensure that every child alleged or accused of having infringed the penal law is at least guaranteed to be presumed innocent until proven guilty according to law. [2021] MLJU 2342 at paras 6 and 7.

Article 40 on the Convention on the Rights of a Child:

(b) Every child alleged as or accused of having infringed the penal law has at least the following guarantees:

(i) To be presumed innocent until proven guilty according to law;

With regard to the UN Convention on the Rights of the Child, the Court was of the opinion that such a document was not legally binding. It was merely a statement of principles devoid of any obligatory character and not part of our municipal law. [2021] MLJU 2342 at para 18.

In para [20], in Than Siew Beng & anor v Ketua Pengarah Jabatan Pendaftaran Negara & ors [2016] 6 CLJ 934, on the applicability of the International Human Rights Convention in an application of citizenship by a child under the age of 18, under the Federal Constitution, the Court held as follows:

[20] As the UDHR is merely a declaration, it is not a legally binding document for this court to give effect. The UDHR is applicable in Malaysia only to the extent that it is not inconsistent with the Federal Court. The provisions of the UDHR must be read together with section 4(4) of the Human Rights Commission of Malaysia Act 1999 (Act 597) which provides as follows: For the purpose of this Act, regard shall be held to the UDHR 1948 to the extent that it is not inconsistent with the Federal Constitution.

In other words, even though the Executive has ratified a treaty and the treaty binds the Government under international law, it has no legal effect domestically unless the legislature passes a law to give effect to that treaty.

Legislation and Administrative Regulations

Malaysia – Double Taxation Relief – enactment of subsidiary legislation, (MY) Double Taxation Relief (The Government of Ukraine) order 2021 (P.U.(A) 223/2021), [Perb:0.6869/112 JLD.2 (SK.2); PN(PU2)80/XLVII(2)]

In exercise of the powers conferred by subsection 132(1) of the Income Tax Act 1967 [Act 53] and subsection 65A(1) of the Petroleum (Income Tax) Act 1967 [Act 543], the Minister of Finance, Tengku Datuk Seri Utama Zafrul Bin Tengku Abdul Aziz, adopted the Double Taxation Relief (The Government of Ukraine) Order 2021. Section 2 of the Double Taxation Relief Order 2021 declared that the arrangements specified in the Schedule had been made by the Government of Malaysia with the Government of Ukraine with a view to affording relief from double taxation in relation to Malaysian tax and Ukraine tax (as defined in each case in the arrangements) and that it is expedient that those arrangements shall have effect. The Government of Malaysia and the Government of Ukraine signed the Agreement for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income (hereinafter referred to as the “Agreement”), and adopted a protocol thereto, namely, Protocol To The Agreement Between The Government Of Malaysia And The Government Of Ukraine For The Avoidance Of Double Taxation And The Prevention Of Fiscal Evasion With Respect To The Taxes On Income, on 4th August 2016.

The Schedule to Order 2021 sets out the Agreement Between the Government of Malaysia and the Government of Ukraine for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion With Respect To Taxes On Income. This Agreement provides for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and applies to persons who are residents of one or both of the Contracting States. The taxes covered by this Agreement are taxes on income imposed on behalf of a Contracting State or of its political subdivisions or local authorities, irrespective of the manner in which they are levied. Taxes on income include all taxes imposed on total income or on elements of income, taxes on gains from the alienation of movable or immovable property and taxes on the total amounts of wages or salaries paid by enterprises. The Malaysian taxes subject to this Agreement are: (i) the income tax; and (ii) the petroleum income tax. The Ukrainian taxes subject to this Agreement are (i) the individual income tax; and (ii) the tax on profits of enterprises. This Agreement also applies to any identical or substantially similar taxes which are imposed after the date of signature of this Agreement, in addition to, or in place of, the existing taxes. The competent authorities of the Contracting States are required to notify each other of any significant changes that have been made in their taxation laws. For the purposes of this Agreement, unless the context otherwise requires, the terms ‘Malaysia’ and ‘Ukraine’ are described as:

(a) the term “Malaysia” means the territories of the Federation of Malaysia, the territorial waters of Malaysia and the sea-bed and subsoil of the territorial waters, and the airspace above such areas, and includes any area extending beyond the limits of the territorial waters of Malaysia, and the sea-bed and subsoil of any such area, which has been or may hereafter be designated under the laws of Malaysia and in accordance with international law as an area over which Malaysia has sovereign rights or jurisdiction for the purposes of exploring and exploiting the natural resources, whether living or non-living;

(b) the term “Ukraine” when used in a geographical sense, means the territory of Ukraine, its continental shelf and its exclusive (maritime) economic zone, including any area outside the territorial sea of Ukraine which in accordance with international law has been or may hereafter be designated, as an area within which the rights of Ukraine with respect to the seabed and subsoil and their natural resources may be exercised;

The term “resident of a Contracting State” means any person who, under the laws of that State, is liable to tax therein by reason of his domicile, residence, place of management, place of incorporation or any other criterion of a similar nature, and also includes that State, any political subdivision, local authority or a statutory body thereof. Where an individual is a resident of both Contracting States, then his status shall be determined as follows:

(a) he shall be deemed to be a resident only of the State in which he has a permanent home available to him; if he has a permanent home available to him in both States, he shall be deemed to be a resident only of the State with which his personal and economic relations are closer (centre of vital interests);

(b) if the State in which he has his centre of vital interests cannot be determined, or if he has not a permanent home available to him in either State, he shall be deemed to be a resident only of the State in which he has a habitual abode;

(c) if he has a habitual abode in both States or in neither of them, he shall be deemed to be a resident only of the State of which he is a national;

(d) if he is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement.

3. Where by reason of the provisions of paragraph 1, a person other than an individual is a resident of both Contracting States, then the competent authorities of the Contracting States shall settle the question by mutual agreement.

The Protocol to the Agreement clarifies that with reference to Article 1, in the case of Malaysia, the Agreement does not apply to persons carrying on Labuan business activities under the Labuan Business Activity Tax Act 1990. The term “Labuan business activity” refers to Labuan business activities as defined under subsection 2(1) of the Labuan Business Activity Tax Act 1990.

Statement By Mr. Tuan Ibrahim Tuan Man, the Honourable Minister of Environment and Water Malaysia for Cop-26/Cmp-16/Cma-3 Resumed High-Level Segment, 9–10 November 2021 (See Malaysia Third Biennial update Report to the UNFCCC, https://unfccc.int/documents/267685, 19 January 2023. Ibid. Statement by Mr. Tuan Ibrahim Tuan Man, Honourable Minister of Environment and Water Malaysia for COP-26/CMP-16/CMA-3 Resumed High-level Segment, 9–10 November 2021.)

The Malaysian Minister for Environment and Water commenced his address with a warm welcome to the United Kingdom government as the new COP-26 Presidency. The Ministerial address considered the serious impact of global warming and the unprecedented challenges from the COVID-19 pandemic. The Minister pointed out that Malaysia recognised the urgency to build back through green recovery and to this end had communicated its updated Nationally Determined Contribution to unconditionally reduce its economy-wide carbon intensity (against GDP) of 45% in 2030 compared to the 2005 level, covering seven (7) GHG instead of 3 GHG areas previously. In addition, the nation hoped to achieve net-zero GHG emission target earliest by 2050, pending the completion of its Long-Term Low Emissions Development Strategy by 2022. (See Malaysia Third Biennial update Report to the UNFCCC, https://unfccc.int/documents/267685, 19 January 2023. Ibid. Statement by Mr. Tuan Ibrahim Tuan Man, Honourable Minister of Environment and Water Malaysia for COP-26/CMP-16/CMA-3 Resumed High-level Segment, 9–10 November 2021.) To achieve these objectives, the following measures would need to be implemented:

• 1) carbon pricing policy in phases to support national efforts to reduce GHG emissions;

• 2) achievement of 31% of renewable energy capacity for power generation in 2025 and 40% in 2035 in national power grid through its Malaysia’s Energy Transition Plan to 2021–2040;

• 3) aspiration for 100% of government fleets to be non-internal combustion engine (ICE) vehicles by 2030;

• 4) maintenance of at least 50% forest cover as pledged during the Rio Earth Summit 1992;

• 5) implementation of natural-based solutions as a basis to reduce long-term impacts through planting of a 100 million trees;

• 6) movement towards Zero Waste directed to landfill through the Waste to Energy concept and to increase its recycling rate target to 40% by 2025;

• 7) transformation of cities in Malaysia towards low carbon pathway as outlined under the National Low Carbon City Masterplan; and

• 8) increase the long-term resilience towards climate change impacts through the development of the National Adaptation Plan. (See Malaysia Third Biennial update Report to the UNFCCC, https://unfccc.int/documents/267685, 19 January 2023 at p. 2)

Besides, these measures, Malaysia’s two largest energy companies have agreed to achieve net-zero emissions target by 2050. Further, Malaysia supported the Global Methane Pledge and the Glasgow Leaders Declaration on Forests and Land Use. To increase environmental integrity and robust accounting for NDC implementation and establishment of cooperative agreements, Malaysia wished to work with all parties in COP26 to complete the Paris Rulebook to achieve the 1.5 degrees Celsius goal. However, for the implementation of the Paris Rulebook, it would require additional finance, technology transfer and capacity building for developing countries. In this regard, Malaysia urged developed countries to fulfill their obligations under the Paris Agreement. (Statement by Mr. Tuan Ibrahim Tuan Man, Honourable Minister of Environment and Water Malaysia for COP-26/CMP-16/CMA-3 Resumed High-level Segment, 9–10 November 2021, https://unfccc.int/sites/default/files/resource/MALAYSIA_cop26cmp16cma3_HLS_EN.pdf, 19 January 2023. See also The Edge Markets, COP 26: Malaysia focusing on climate ambitions, financing, carbon markets, https://www.theedgemarkets.com/article/cop-26-malaysia-focusing-climate-ambitions-financing-carbon-markets, 19 January 2023.)

Malaysia’s Third Biennial Update Report to the United Nations Framework Convention on Climate Change 1992

Malaysia signed the United Nations Framework Convention on Climate Change (UNFCCC) on 9 June 1993 and ratified it on 17 July 1994. Subsequently, Malaysia ratified the Kyoto Protocol on 4 September 2002. Malaysia signed the Paris Agreement on 22 April 2016 and ratified it on 16 November 2016. As Malaysia is a State Party to the 1992 UNFCCC, it prepared the Malaysia’s Third Biennial Update Report (BUR3) according to Decision 2/CP.17 of the UNFCCC and submitted it on 31 December 2020 in fulfilment of the Nation’s Nationally Determined Contribution under the UNFCCC, the Paris Agreement (Malaysia, Biennial Update Report (BUR3), https://unfccc.int/documents/267685, 19 January 2023) and as an output of the United Nations Development Programme – Global Environment Facility (UNDP-GEF) Project. The BUR3 Report sets out the NDC for four sectors namely, (1) energy; (2) industrial processes and product used; (3) agriculture, forestry and other land use, and (4) waste sectors, as follows:

• (1) the estimations of anthropogenic emissions and removals in four sectors, namely energy; industrial processes and product used; agriculture, forestry and other land use, and waste sectors with time series estimates from 1990 to 2016;

• (2) the mitigation actions and their effects in 2016;

• (3) the estimation of GHG emissions avoidance from three sectors, namely the energy, waste and forestry sectors;

• (4) the future mitigation action targets and the implementation key enablers at national and sub-national level;

• (5) the constraints, gaps and needs to build up Malaysia’s capacity to address climate change effectively; and

• (6) Institutional governance by the National Steering Committee, Technical Working Groups and Sub-Working Groups. (Malaysia, Biennial Update Report (BUR3), https://unfccc.int/documents/267685, 19 January 2023. Executive Summary, p. xvi)

The BUR3 contains four chapters. Chapter 1, entitled “National Circumstances,” covers the period up to the year 2016 for the four sectors mentioned above and includes statistics where available. For example, Chapter One provides,

Over the past four decades, increasing temperature trends of 0.13oC to 0.24oC per decade have been observed. However, the long-term trends in rainfall is less pronounced … To catalyze investment and economic growth, Malaysia launched an Economic Transformation Programme (ETP) covering the period 2010–2020 in 2010. (xvii) Development, planning and implementation including for climate change, are coordinated by the Economic Planning Unit under the Prime Minister’s Department in consultation with the Ministries. These are carried out through the five-year development plans. Since the Second Biennial Update Report submission to the UNFCCC in 2018, there has been a change in the national focal point to the UNFCCC, under which the national focal point currently resides under the Ministry of Environment and Water. Operational matters on climate change are guided and endorsed by the National Steering Committee on Climate Change (NSCCC). Technical Working Groups were established under the National Communication and Biennial Update Report National Steering Committee to prepare national communications and biennial update reports to the UNFCCC. In addition, a National Steering Committee on REDD plus (NSCREDD) was established in 2011 to guide the development of a national REDD plus strategy for implementation. (Malaysia, Biennial Update Report (BUR3) https://unfccc.int/documents/267685, 19 January 2023. Executive Summary, p. xvi Today, the focal point is the Ministry of Environment and Water.)

Chapter 2 on National Greenhouse Gas (GHG) Inventory highlighted that the GHG inventory detailed the anthropogenic emissions and removals for the year 2016 for the four sectors mentioned above as follows:

The inventory contained time series estimates from 1990 to 2016 for all the sectors that were recalculated to reflect updated activity data and emission factors. These GHG inventory estimates were obtained following the 2006 IPCC Guidelines for National Greenhouse Gas Inventories. … In 2016, in terms of GHG emissions, the energy sector remained as the largest contributor of emissions where it accounted for 79.4% of the total emissions, followed by the IPPU and the waste sectors, where both contributed to about 8.6% of the total emissions respectively .… the agriculture sector contributed the lowest emissions at 3.4% while land use … was a net sink. In terms of gaseous, CO2 emissions amounted to 80% of the total GHG emissions (xviii) in 2016. CH4 emissions were 17% of the total emissions, while both N2O and F-Gases emissions were at 2% respectively. (Malaysia, Biennial Update Report (BUR3), https://unfccc.int/documents/267685, 19 January 2023. Executive Summary at p. xvii.)

Chapter 3 examined Mitigation Actions and Their Effects and stated that Malaysia’s key strategy to mitigate greenhouse gas emissions lay in the energy, waste, and forestry sectors. Mitigations in the other sectors, industrial processes and product used and agriculture sectors, were not quantified yet. (Malaysia, Biennial Update Report (BUR3), https://unfccc.int/documents/267685, 19 January 2023. Executive Summary at p. xviii.) Chapter 4 on Level of Support Received, Constraints, Gaps and Needs, pointed out that the Global Environment Facility was the main source of funding for climate change activities followed by funding received from NGOs. (Malaysia, Biennial Update Report (BUR3), https://unfccc.int/documents/267685, 19 January 2023. Executive Summary at pp. xviii–xix.) The support received was channeled mainly towards developing Malaysia’s institutional and technical capacity on reporting obligations to the UNFCCC and implementing mitigation actions that focused on:

• (i) energy efficiency in buildings, manufacturing, industrial and transport sectors; and

• (ii) clean and green technologies in small and medium industries and low-carbon cities development. (Malaysia, Biennial Update Report (BUR3), https://unfccc.int/documents/267685, 19 January 2023. Executive Summary at p. xvii.)

The fight against COVID-19 has been a constraint towards implementing climate change actions as financial resources were diverted to combat the disease. (Foreword by the Minister of Water and Environment. https://unfccc.int/documents/267685, 19 January 2023.)

Treaties That Have Not Been Ratified

• 1) Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment.

• 2) Optional Protocol of the Convention against Torture.

• 3) International Covenant on Civil and Political Rights.

• 4) Second Optional Protocol to the International Covenant on Civil and Political Rights Aiming to the Abolition of the Death Penalty.

• 5) Convention for the Protection of All Persons from Enforced Disappearance.

• 6) Interstate Communication Procedure under the International Convention for the Protection of All Persons from Enforced Disappearance (Art. 32).

• 7) International Convention on the Elimination of All Forms of Racial Discrimination.

• 8) International Covenant on Economic, Social and Cultural Rights.

• 9) International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Art. 77). (United Nations Human Rights Treaty Bodies, https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?CountryID=105&Lang=EN, 19 January 2023. To come into effect, the procedure under Article 77 on individual communications requires a minimum of 10 State parties to make the requisite declaration.)

Treaties Acceded To

• 1) Convention on the Rights of the Child, 17 February 1995.

• 2) Convention on the Elimination of All Forms of Discrimination against Women, 05 July 1995.

• 3) Optional Protocol to the Convention on the Rights of the Child on the Involvement of children in armed conflict, 12 April 2012.

• 4) Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, 12 April 2012.

• 5) Convention on the Rights of Persons with Disabilities 08 April 2008 (signed), 19 July 2010 (ratified).

Acceptance of Individual Complaints Procedures for Malaysia

• 1) Individual complaints procedure under the Convention against Torture, (Art. 22): –

• 2) Optional Protocol to the International Covenant on Civil and Political Rights: No.

• 3) Individual complaints procedure under the International Convention for the Protection of All Persons from Enforced Disappearance, (Art. 31): –

• 4) Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women: No.

• 5) Individual complaints procedure under the International Convention on the Elimination of All Forms of Racial Discrimination, (Art. 14): N/A.

• 6) Optional Protocol to the International Covenant on Economic, Social and Cultural Rights: Yes.

• 7) Individual complaints procedure under the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, (Art. 77): –

• 8) Optional Protocol to the Convention on the Rights of the Child: No.

• 9) Optional Protocol to the Convention on the Rights of Persons with Disabilities: No

Acceptance of the Inquiry Procedure for Malaysia: Conventions That Have Not Been Ratified

• 1) Inquiry procedure under the Convention against Torture, (Art. 20).

• 2) Inquiry procedure under the International Convention for the Protection of All Persons from Enforced Disappearance, (Art. 33). (United Nations Human Rights Treaty Bodies, https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?CountryID=105&Lang=EN, 19 January 2023. CED inquiry procedure does not require specific acceptance by States parties. It applies from the entry into force of the Convention in the country.)

• 3) Inquiry procedure under the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, (Art. 8–9).

• 4) Inquiry procedure under the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, (Art. 11).

• 5) Inquiry procedure under the Optional Protocol to the Convention on the Rights of the Child, (Art. 13).

• 6) Inquiry procedure under the Convention on the Rights of Persons with Disabilities, (Art. 6–7).

Acceptance of the Interstate Communication Procedure for Malaysia: Conventions That Have Not Been Ratified:

• 1) Interstate communication procedure under the International Convention for the Protection of All Persons from Enforced Disappearance, (Art. 32).