Malaysia votes for UN moratorium on executions, advocates abolition of the death penalty

Malaysia has reiterated its commitment to human rights and the global movement towards abolishing the death penalty by voting in favour of the 2024 United Nations General Assembly (UNGA) resolution calling for a moratorium on executions pending abolition.

The vote, held on 17 December 2024, marks a milestone, as the resolution garnered support from more than two-thirds of the 193 UN member states for the first time in its history.

A total of 130 member states voted in favour, with 32 against and 22 abstaining. This reflects a growing global consensus against the death penalty.

According to MADPET (Malaysians Against Death Penalty and Torture), this trend is a testament to the rising recognition of human rights and the ineffectiveness of capital punishment as a deterrent.

The resolution, first tabled in 2007, initially received 104 votes in favour, with 54 against and 29 abstentions. Since then, support has steadily grown. In 2022, 125 member states supported the resolution, two more than in 2020. Malaysia, which began voting in favour in 2018, has maintained its stance across subsequent votes, including in 2020, 2022, and now in 2024.

ASEAN and the abolition movement

As the 2024 ASEAN Chair, Malaysia is in a pivotal position to encourage other ASEAN nations to adopt a moratorium on executions.

Currently, only Malaysia, the Philippines, Myanmar, and Cambodia have voted in favour. Thailand, Indonesia, Laos, and Vietnam abstained, while Singapore and Brunei voted against. Advocates, including MADPET, hope Malaysia can secure at least two-thirds ASEAN support for the resolution by 2026.

Local progress on capital punishment
Domestically, Malaysia has taken significant steps by enacting the Abolition of Mandatory Death Penalty Act 2023 and the Revision of Sentence of Death and Imprisonment for Natural Life Act 2023.

These reforms, effective since July and September 2023, have saved 866 individuals from death row. Of these, 814 had their sentences replaced with imprisonment and whipping by the Federal Court, while 52 sentences were revised by appellate courts, according to Minister Datuk Seri Azalina Othman Said.

However, challenges remain. In some cases, the Federal Court has upheld death sentences, and new death sentences continue to be issued. As of November 2024, 18 individuals have been sentenced to death — 12 by the High Court and six by the Court of Appeal.

Future steps towards abolition

MADPET urges Malaysia to take bolder steps, including fully abolishing the death penalty and addressing the issue of existing death row inmates. They propose legislative solutions, such as mandatory sentence reviews every two years or commuting death sentences to imprisonment.

In the interim, MADPET advocates for prioritising the abolition of the death penalty for non-lethal crimes. They also stress the importance of maintaining the current moratorium on executions.

As the global tide turns against capital punishment, Malaysia’s continued efforts can serve as a beacon for the ASEAN region and beyond, reinforcing the universal value of human rights.