|
| ||||
MalaysiaCountry Reports on Human Rights Practices - 2003 Released by the Bureau of Democracy, Human Rights, and Labor February 25, 2004 Malaysia is a federation of 13 states and 3
federal territories with a parliamentary system of government based on
periodic multiparty elections. Opposition parties actively contest
elections but face significant obstacles in competing with the ruling
National Front coalition, which has held power for more than 45 years. In
the November 1999 elections, opposition parties won approximately
25 percent of the seats in the Parliament, and an opposition party
also retained control of one state government and gained control of
another. The Constitution provides for an independent judiciary; however,
government action, constitutional amendments, legislation, and other
factors undermined judicial independence and strengthened executive
influence over the judiciary.
The Royal Malaysian Police have primary responsibility for internal
security matters. The police report to and are under the control of the
Home Minister. Members of the police committed human rights abuses.
The country has a free market economy and a population of approximately
25 million. The economy grew 0.4 percent in 2001 but expanded in 2002 to
4.1 percent growth. Analysts expected the economy to grow from 4.2 percent
to 4.8 percent in 2003. During the year, the Government continued its
expansionary fiscal and monetary policies and took an active role in
managing the export-oriented economy. Services and manufacturing accounted
for 57 percent and 30.4 percent, respectively, of the gross domestic
product. The unemployment rate was approximately 3.5 percent.
The Government generally respected the human rights of its citizens;
however, serious problems remained. The Government acknowledged that it
restricted certain political and civil rights in order to maintain social
harmony and political stability. Police killed a number of persons in the
course of apprehending them, and there were deaths in custody as well.
Other problems included police abuse of detainees, use of the Internal
Security Act and other statutes to arrest and detain persons without
charge or trial, persistent questions about the impartiality and
independence of the judiciary, and restrictions on the freedom of the
press, freedom of association, and freedom of assembly. There continued to
be some restrictions on religious freedom and workers rights and instances
of discrimination and exploitation of indigenous groups. Longstanding
policies gave preferences to ethnic Malays in many areas. The country was
a source and destination for trafficking in women and girls for the
purposes of prostitution.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
From: There were no reports of political killings; however, the press
reported that police killed 27 persons while apprehending them. The
criminal procedure code empowers magistrates and public prosecutors to
investigate deaths and charge those responsible under the penal code.
However, no such prosecutions were brought forward during the year.
The press reported that 11 persons died in police custody during the
year. The law requires that a magistrate investigate all such deaths; an
inquiry was begun in two of these cases. In July, the Government-sponsored
Human Rights Commission of Malaysia (Suhakam) stated that it was aware of
"numerous" complaints of deaths in police custody, police brutality, and
negligence. In August, a 28-year-old man died in police custody in Kuala
Lumpur. When the autopsy attributed the death to a perforated ulcer, the
man's family disputed the finding, claiming his body was heavily bruised,
and sought a second, independent autopsy. The court rejected the
application on the basis that the relatives had insufficient personal
interest in the victim. The family of the victim filed an appeal against
the court's decision, which was still pending at year's end.
In August 2002, the High Court overturned a May 2001 Coroner's Court
ruling that there was no criminal wrongdoing in the 1998 fatal shooting of
six men at close range by police officers. The High Court found that the
police were responsible for murderous assault, but the court took no
action against them by year's end.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
No constitutional provision or law specifically prohibits torture.
However, laws that prohibit "committing grievous hurt" encompass torture,
and, according to the Government, every report of abuse of prisoners is
investigated. There were press reports of alleged torture or mistreatment
by the police. Local nongovernmental organizations (NGOs) stated that
police sometimes subjected criminal suspects and illegal alien detainees
to physical and psychological torture during interrogation and detention.
At year's end, there was still no government response to the March 1999
police report filed by opposition activist Abdul Malek bin Hussin in which
he accused police of torturing him in 1998 while he was under detention.
No further action by the Government was expected (see Section 1.d.).
In June, the Bar Council called for immediate investigation of a
"number" of allegations of improper conduct of police and other law
enforcement officers. The authorities investigated some of the cases;
however, the Government routinely does not release information on the
results of investigations, and whether those responsible are punished is
not always known. According to the Police Commission report covering 2002,
disciplinary actions were initiated against 754 police personnel, and 98
police officers were relieved of their duties that year.
In August, the High Court reversed a Sessions Court's acquittal and
convicted a police constable for the 2002 rape of two foreign women who
were in custody at the time of the rape (see Section 5).
On several occasions, riot police forcibly dispersed peaceful
demonstrators around the country, using truncheons, water cannons, and
tear gas. The press reported that the police forcefully dispersed a
peaceful May Day celebration (see Section 2.b.).
Logging companies reportedly used police force and intimidation to
appropriate land from indigenous Iban and Penan communities in Sarawak
(see Section 5).
Criminal law prescribes caning as an additional punishment to
imprisonment for those convicted of some nonviolent crimes, such as
narcotics possession, criminal breach of trust, and alien smuggling. The
immigration law, in effect since 2002, prescribes up to six strokes of the
cane for both illegal immigrants and their employers. Judges routinely
included caning in sentences of those convicted of such crimes as
kidnapping, rape, and robbery. Some state Shari'a (Islamic) laws, which
bind only Muslims, also prescribe caning (see Section 1.e.). The caning,
which is carried out with a 0.5-inch-thick wooden cane, commonly causes
welts and sometimes causes scarring. Males over 50 and women are exempted
from caning. According to the provisions of the Child Act passed in
December 2002, male children 10 years of age and older may be given up to
10 strokes of a "light cane" (see Section 5).
Prison overcrowding was a serious problem. In January, Suhakam called
on the Government to improve conditions for inmates at the Kajang women's
prison. Press reports indicated that the prison, which has a maximum
capacity of 450, housed 1,450 prisoners. According to the Deputy Home
Minister, the country's prison system had a capacity of 24,000 prisoners
but actually held 35,000 inmates. Five new prisons, with the capacity
to hold 7,900 prisoners, were under construction at year's end and
scheduled for completion in 2004. Additionally, in February, the Deputy
Home Minister announced that a parole system for prisoners, to be
implemented by year's end, would further reduce prison overcrowding.
The law provides that young boys and girls may be placed in judicially
approved places of detention. Children have the right to remain with their
imprisoned mothers until the age of 3 years and can stay beyond that
age with approval of the Director General of Prisons. In May, the press
reported that a juvenile was arrested and placed in a detention facility
together with adult detainees.
Special security prisoners were detained in a separate detention center
(see Section 1.d.). During the year, a number of persons released from
detention under the Internal Security Act (ISA) alleged that during the
initial stages of their detention they were subject to intensive
interrogation and disoriented by isolation, deliberately interrupted
sleep, and abusive treatment by police (see Section 1.d.).
The U.N. High Commissioner for Refugees (UNHCR) made credible
allegations of inadequate food, inadequate medical care, poor sanitation,
and abuse by guards in government camps for illegal immigrants. According
to credible reports, this overcrowding and related poor health conditions
contributed to the deaths of several detainees. Suhakam, which visited the
camps in January, found 2,000 detainees enduring hot, uncomfortable, and
cramped living conditions. During the year, thousands of Acehnese asylum
seekers were detained in camps for illegal immigrants pending deportation
to Indonesia (see Section 2.d.). Some individuals convicted of violating
the immigration law were subject to caning. In January, Suhakam confirmed
that they found detainees with fresh scars at Semenyih camp and said that
it amounted to cruel and inhumane treatment.
The Government does not have any agreement with the International
Committee of the Red Cross (ICRC) that permits visits to prisoners. NGOs
and the media allegedly were not permitted to monitor prison conditions.
Access to illegal alien detention camps was restricted, although UNHCR
officials were given access to several camps to identify and interview
potential refugees at various times during the year (see Section 2.d). In
addition, Suhakam officials visited various camps and prisons at different
times during the year.
d. Arbitrary Arrest, Detention, or Exile
The law permits police to arrest individuals for some offenses without
a warrant. Police may hold suspects for 24 hours without charge. A
magistrate may extend the period for up to 2 weeks. In general,
police observed these restrictions. However, Suhakam reported in 2002 that
some detainees were held beyond the 2-week limit. Suhakam also noted that
police sometimes released suspects and then quickly rearrested them on new
but similar charges. In one 2002 case, a detainee was consecutively held
in this manner for a total of 77 days. Police routinely denied detainees
access to legal counsel and questioned suspects without giving them access
to counsel. Police justified this practice as necessary to prevent
interference in ongoing investigations. Judicial decisions generally
upheld this practice.
Modeled on the British system, The Royal Malaysia Police (PDRM) is
under the command of the Inspector General of Police (IGP), who reports to
the Minister of Home Affairs. The IGP is responsible for organizing and
administering the police force. The functions of the police are generally
divided into five areas: The enforcement of law and order; the maintenance
of national peace and security; the prevention and detection of crimes;
the arrest and prosecution of offenders, and the gathering of security
intelligence. Consisting of 74,000 officers, the PDRM generally was
regarded as well organized and efficient. During the year, there were some
allegations of corruption and police abuse of detainees. In December, the
Prime Minister (who is concurrently Home Affairs Minister) announced that
a Royal Commission would be set up to review such issues within the police
force as police brutality, poor service, and corruption. During the year,
the PDRM in conjunction with Suhakam organized a number of training
courses throughout the country focused on informing police officers about
the importance of human rights. In November, the Prime Minister appointed
a new IGP with a reputation as a tough disciplinarian.
Three laws permit the Government to detain suspects without judicial
review or the filing of formal charges: the ISA, the Emergency (Public
Order and Prevention of Crime) Ordinance, and the Dangerous Drugs Act
(Special Preventive Measures).
The ISA, enacted in 1960 during an active communist insurgency,
empowers the police to hold for up to 60 days any person who acts "in a
manner prejudicial to the security of Malaysia." The Home Minister may
authorize further detention for periods of up to 2 years. Those released
before the end of their detention period are subject to "imposed
restricted conditions" for the remainder of their detention periods. These
conditions limit their freedom of speech, freedom of association, and
freedom to travel outside the country. Since its inception over 4,000
persons have been detained under the ISA.
Even when there are no formal charges, the ISA requires that the
authorities inform detainees of the accusations against them and permit
them to appeal to an advisory board for review every 6 months.
However, advisory board decisions and recommendations are not binding on
the Home Minister, are not public, and often are not shown to the
detainee. Local human rights NGOs claimed that the police at times
intimidated and harassed family members of ISA detainees to prevent them
from taking legal action against the police.
Amendments to the ISA in 1988 circumscribed judicial review of ISA
detentions. The Bar Council has in the past asserted that detentions under
the ISA should be subject to full judicial review. The courts did not
concur with this interpretation, limiting their review to procedural
issues. Detainees freed after judicial order nearly always were detained
again immediately. Following several successful legal challenges to ISA
detentions on procedural grounds, in August, the Federal Court ruled that
the courts should not intervene where matters of national security and
public order are at stake.
According to the Government, the goal of the ISA is to control internal
subversion. In August, the Government stated that there were 99 persons in
detention under the ISA of whom 79 were suspected of involvement in
terrorism. These included 61 members of Jemaah Islamiyah and 18
members of Kampulan Militan Malaysia. Among those detained were members of
the opposition Islamic Party (PAS), including Nik Adli, son of the PAS
leader.
There were no new reports of the Government using the ISA against
political opponents during the year. However, the ISA, and the threat of
invoking the ISA, have in the past been used to intimidate and restrict
political dissent. For example, in 2001 the Government used the ISA to
detain 10 political activists who were leaders of, or closely associated
with, the opposition National Justice Party (Keadilan), claiming that they
represented a threat to national security. In August 2002, the Federal
Court ruled that the detentions were unlawful. However, as the Court's
rulings focused on the police's initial 60-day detention order and not on
the Home Affairs Ministry's subsequent 2-year detention, the six remained
in prison until June, when they were released. Two of those released
claimed that their police interrogations were limited to questions about
their political beliefs and personal life and not about the alleged
offenses for which they initially were detained.
Opposition leaders and human rights organizations continued to call on
the Government to repeal the ISA and other legislation that deprived
persons of the right to defend themselves in court. In April, after nearly
a year of reviewing the case, Suhakam publicly urged the Government to
release the six Keadilan detainees and recommended that the ISA be
rewritten to ensure that the Government could not use it against political
opponents. Suhakam also recommended that ISA detainees have access to
legal counsel within 24 hours of detention and to families within 48
hours. The Suhakam 2002 annual report noted that detention without trial
constituted a violation of human rights.
The Government stated that the move by foreign governments to implement
preventive detention measures to combat terrorism underscored the
country's continued need for the ISA. However, in September, the Minister
of Legal Affairs said that the Government was reviewing the ISA and would
incorporate Suhakam's recommendations into its report.
Under the Emergency Ordinance, the Home Minister may issue a detention
order for up to 2 years against a person if he deems it necessary to
protect public order, or for the "suppression of violence, or the
prevention of crimes involving violence." In practice, the Government used
the Emergency Ordinance for other reasons.
Provisions of the Dangerous Drugs Act (Special Preventive Measures)
give the Government specific power to detain suspected drug traffickers
without trial for up to 39 days before the Home Minister must issue a
detention order. Once an order is issued, the detainee is entitled to a
hearing before a court, which may order the detainee's release. Suspects
may be held without charge for successive 2-year intervals with periodic
review by an advisory board, whose opinion is binding on the Home
Minister. However, the review process contains none of the procedural
rights that a defendant would have in a court proceeding. The police
frequently detained suspected narcotics traffickers under this act after
the traffickers were acquitted of formal charges. During the year, the
Government detained over 1,975 persons under the act. Immigration laws were used to detain alleged illegal immigrants. The
detainees were not accorded any administrative or judicial hearing and
were released only after their employers proved their legal status. Those
who were able to produce legal documents normally were released
immediately; those who were unable to prove their legal status often were
held for extended periods before deportation. Illegal immigrants were kept
in detention centers that were separate from prisons. There is no codified
legal distinction made between illegal workers, asylum seekers and
trafficking victims (see Sections 1.c. and 2.d.).
Crowded and understaffed courts often resulted in lengthy pretrial
detention, sometimes lasting several years.
Section 396 of the Criminal Procedure Code allows the detention of a
person whose testimony as a material witness is necessary in a criminal
case, if that person is considered likely to flee.
The Constitution provides that no citizen may be banished or excluded
from the Federation. However, according to the terms of a 1989 peace
agreement, Chin Peng, the 80-year-old former leader of the Communist
insurgency in the country lives in exile in Thailand and has been denied
permission to return to the country.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary; however, over
the last 20 years government action, constitutional amendments,
legislation restricting judicial review, and other factors limited
judicial independence and strengthened executive influence over the
judiciary. The secular legal system is based on English common law. Trials
are public, although judges may order restrictions on press coverage.
Defendants have the right to counsel, bail is sometimes available, and
strict rules of evidence apply in court. Defendants may make statements
for the record to an investigative agency prior to trial. Limited pretrial
discovery in criminal cases impeded defendants' ability to defend
themselves. In recent years, members of the bar, NGOs and other observers have
expressed serious concern about the general decline of judicial
independence, citing a number of high-profile instances of arbitrary
verdicts, selective prosecution, and preferential treatment of some
litigants and lawyers. The most widely criticized such case was that of
former Deputy Prime Minister Anwar Ibrahim. In 1998, after a peaceful
demonstration in which he called for Prime Minister Mahathir's
resignation, Anwar was detained for alleged corruption and sodomy. In
1999, Anwar was convicted of four counts of corruption and sentenced to
6 years in prison. Appeals in 2000 and 2002 were denied. In 2000,
Anwar was convicted on a separate charge of sodomy and sentenced to 9
years in prison, to be served consecutively with the corruption sentence.
In April, the Court of Appeal upheld this conviction. Anwar appealed the
decision to the Federal Court, and the case was pending at year's end.
According to many legal experts, both domestic and international, Anwar
Ibrahim is a political prisoner because he was charged, tried, and
convicted in a legal process that was politically motivated and patently
unfair. Observers alleged manufactured charges of corruption and sodomy,
questionable rulings by the presiding judges that facilitated the
prosecution and greatly limited Anwar's defense, and an unwillingness by
the judiciary to consider reasonable bail requests. In July, three of the
judges involved in Anwar's case were promoted to higher positions ahead of
judges with more seniority. According to the law, Anwar Ibrahim is
classified as a common criminal who does not have the right to receive
visits from international human rights organizations.
Defendants enjoy the presumption of innocence and may appeal court
decisions to higher courts; however, a 1997 amendment to the Criminal
Procedure Code strengthened prosecutors' ability to bring a case to trial
by reducing the standard of proof necessary to avoid summary dismissal of
the case.
The Courts of Judicature Act limits a defendant's right to appeal in
some circumstances. The Government stated that the limits expedited the
hearing of cases in the upper courts, but the president of the Bar
Association said that the act imposed too many restrictions on appeals.
High Courts have original jurisdiction over all criminal cases
involving serious crimes. Minor civil suits are heard by Sessions Courts.
Juvenile Courts try offenders below 18 years of age. The Special Court
tries cases involving the King and the Sultans. The Court of Appeal has
appellate jurisdiction over High Court and Sessions Court decisions. The
Federal Court, the country's highest court, reviews Court of Appeal
decisions.
The Essential (Security Cases) Regulations restrict the right to a fair
trial by lowering the standard for accepting self-incriminating statements
by defendants as evidence in firearm and certain national security cases.
The regulations also allow the authorities to hold an accused for an
unspecified time before making formal charges.
Even when the Essential Regulations are not invoked, police sometimes
used other tactics to limit the legal protections of defendants. For
example, during a trial police may summon and interrogate witnesses who
have previously given testimony that was not helpful to the prosecution.
Human rights advocates accused police of using this tactic to intimidate
witnesses. Police also have used raids and document seizures to harass
defendants.
Contempt of court charges also restricted the ability of defendants and
their attorneys to defend themselves. However, the use of contempt charges
against defendants and their attorneys appeared to be decreasing. During
the year, a lawyer active in representing the families of persons who died
in custody was charged with intentionally insulting a public servant and
criminally intimidating a witness during a 2002 inquest hearing. The
prosecution subsequently dropped the first charge, and a High Court judge
dismissed the second charge. Observers believed the case to be an
aberration and did not believe there was a government policy to hinder
public defenders.
Certain provisions of the Anti-Corruption Act impinge on the
presumption of a defendant's innocence. A 1997 amendment to the act
requires that an accused prove that he acquired monetary and other assets
legally.
Shari'a laws administered by state authorities through Islamic courts
bind Muslims, the large majority of whom are ethnic Malays. These laws
vary from state to state. In 2002, the Government established a committee
to recommend ways to harmonize Shari'a laws throughout the country, but
any recommendations it may make will have to be adopted by individual
state legislatures. The Shari'a courts do not give equal weight to the
testimony of women. Many NGOs also complained that women did not receive
fair treatment from Shari'a courts, especially in matters of divorce and
child custody (see Section 2.c.).
Indigenous peoples in Sarawak and Sabah have a system of customary law
to resolve matters such as land disputes between tribes. Additionally,
Penghulu (village head) courts may adjudicate minor civil matters, but
these were rarely used.
The military has a separate system of courts.
Arbitrary Interference with Privacy, Family, Home, or Correspondence
The law protects against such practices; however, authorities infringed
on citizens' privacy rights in some cases. Provisions in the security
legislation allow the police to enter and search without a warrant the
homes of persons suspected of threatening national security (see Section
1.d.). Police also may confiscate evidence under these acts. In some cases
each year, police use this legal authority to search homes and offices,
seize books and papers, monitor conversations, and take persons into
custody without a warrant.
The Anti-Corruption Act empowers the Attorney General to authorize the
interception of mail and the wiretapping of telephones. Information
obtained in this way is admissible as evidence in a corruption trial.
The law permits the Home Ministry to place criminal suspects under
restricted residence in a remote district away from their homes for 2
years (see Section 1.d.).
The Government bans membership in unregistered political parties and in
unregistered organizations (see Section 2.b.).
Certain religious issues posed significant obstacles to marriage
between Muslims and adherents of other religions (see Section 2.c.).
Muslim couples must take premarital courses (see Section 5).
Two state governments sought to restrict Muslim women's dress (see
Section 5). In Kelantan, the state government decreed that female
performers may appear only before female audiences.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and freedom of the
press; however, some important legal limitations exist, and in practice,
the Government restricted freedom of expression and intimidated most of
the print and electronic media into practicing self-censorship. According
to the Government, restrictions on this freedom were imposed to protect
national security, public order, and friendly relations with other
countries.
The Constitution provides that freedom of speech may be restricted by
legislation "in the interest of security (or) public order." For example,
the Sedition Act prohibits public comment on issues defined as sensitive,
such as racial and religious matters. In practice the Sedition Act,
Official Secrets Act (OSA), criminal defamation laws, and some other laws
were used to restrict or to intimidate dissenting political speech.
The Prime Minister and other senior officials continued to ascribe
seditious or treasonous motives to critics of government policies,
although many persons still criticized the Government publicly. In June
2002, the opposition leader Lim Kit Siang and a number of his colleagues
were arrested for distributing leaflets that criticized the Prime
Minister's declaration that the country was an Islamic state. Throughout
the year, Government officials warned that political parties that raised
sensitive issues and threatened national stability would be charged under
the Sedition Act. In May, the editor of the opposition paper Harakah was
fined $1,300 (5,000 ringgit) for publishing an allegedly seditious article
in 1999 regarding the Anwar Ibrahim trial. In 2002, opposition politician
Marina Yusoff, charged with sedition for comments she made about the 1969
racial violence while campaigning for Parliament in 1999, was fined
$1,300 (5,000 ringgit).
In the past, the Bar Council and other NGOs called for a review of
certain provisions of the OSA, accusing the Government of using the act to
cover up corruption. In 2000, Ezam Noor, a former aide to Anwar Ibrahim,
was charged under the OSA with disclosing secret Anti-Corruption Agency
reports to the media. In August 2002, Ezam was convicted of the charge and
sentenced to 2 years in prison, but he was released on bail in June
pending appeal.
The English and Malay press provided generally uncritical coverage of
government officials and policies and usually gave only limited and
selective coverage to political views of the opposition or political
rivals. Editorial opinion almost always reflected government positions on
domestic and international issues. Print journalism was dominated by eight
daily newspapers–-two each publishing in English and Malay and four
publishing in Chinese. One of the parties in the ruling coalition owned or
controlled a majority of shares in each of the English and Malay dailies,
and two of the Chinese dailies. Politically well-connected tycoons owned
the other two Chinese-language newspapers. During the year, several
newspaper vendors were the targets of official raids for selling
opposition party or independently owned newspapers. However,
self-censorship and biased reporting in the print media were not uniform
and the English-, Malay-, and Chinese-language press sometimes provided
balanced reporting on sensitive issues.
The Printing Presses and Publications Act (PPPA) limits press freedom.
Under the Act, domestic and foreign publications must apply annually to
the Government for a permit. The Act was amended to make the publication
of "malicious news" a punishable offense, to expand the Government's power
to ban or restrict publications, and to prohibit court challenges to
suspension or revocation of publication permits. According to the
Government, this amendment was made to ensure that "distorted news" was
not disseminated to the public. Government power over annual license
renewal and other policies created an atmosphere that inhibited
independent or investigative journalism and resulted in extensive
self-censorship. In October 2002, Deputy Home Affairs Minister Chor Chee
Heung told Parliament that, from the beginning of 2001 until October 2002,
1,345 publications and printing premises were inspected and 2,305 volumes
of publications were confiscated under the Act. Government officials
continued to argue that the Act helped to preserve harmony and to promote
peaceful coexistence in a multiracial country.
On October 16, the Kuala Lumpur Magistrate Court sentenced human rights
monitor Irene Fernandez to 12 months' imprisonment for malicious
publication of false material. The sentence was suspended pending appeal.
The charge under the PPPA stemmed from a 1995 memorandum entitled "Abuse,
Torture and Dehumanized Treatment of Migrant Workers at Detention Camps."
The magistrate rejected Fernandez's interviews as hearsay and noted that
Fernandez had made no effort to visit the camps personally (the Government
does not allow NGOs to visit the camps). The proceeding was the longest
criminal trial in the country's history.
A draft Media Code submitted to Parliament in 2002 sought to establish
a code of conduct for all print, radio, and television journalists and to
form a regulatory Media Council. While the stated purpose of the code was
to raise the standards of journalism, the National Union of Journalists
publicly denounced the proposed Council as an attempt to curb media
freedom. Media sources alleged that press freedoms declined during the
year and that news editors had little freedom in deciding what to print.
Editorial decisions were frequently left to editors-in-chief chosen by the
Prime Minister's office. Media staffs were routinely required to attend
briefings where they were asked to be more cooperative.
In September 2002, the permit of the independently owned Chinese
language newspaper Oriental Daily Express was suspended on the day of the
paper's first issue. The Home Affairs Ministry gave no reason for the
suspension but allowed the paper to resume publication 2 months later. One
month after resumption of publication, the newspaper cut its opinion page
due to pressure from the Home Ministry and rival newspapers.
The Government also sometimes directly restricted the dissemination of
information that it deemed embarrassing or prejudicial to national
interests. For example, the Government continued its policy of not
allowing public disclosure of air pollution index readings or deaths due
to dengue fever.
Publications of opposition parties, social action groups, unions, and
other private groups actively covered opposition parties and frequently
printed views critical of government policies. However, the Government
retained significant influence over these publications by requiring the
annual renewal of publishing permits and limiting circulation only to
organization members. The PAS newspaper, Harakah, was the target of
several ruling party-sponsored libel suits. Harakah was the only major
Malay- or English–language print media forum for opposition views, and its
circulation rivaled that of mainstream newspapers. Since 2000, under
Government stricture Harakah has been limited to publishing only twice
monthly instead of twice a week.
Most major newspapers have online editions, which generally fall
outside government regulations, as they are not required to have
publication permits. The Government engaged in a campaign to discredit the
independent Internet daily, Malaysiakini.com, winner of an International
Press Institute 2001 Press Freedom Award. In January, the ruling party
youth movement, United Malays National Organization Youth, (UMNO Youth)
lodged a complaint against Malaysiakini over a letter published on the
website that allegedly contained seditious remarks. In response, police
raided the daily's offices, confiscating 15 computers and 4 servers, and
shutting down the company's online service for over 10 hours. While the
Government continued to deny Malaysiakini formal press accreditation, its
reporters were allowed to cover government functions and ministers' press
conferences.
Printers, who also must have their permits renewed annually, often were
reluctant to print publications that were critical of the Government.
During the year, the Government interfered with the timely release and
distribution of several foreign magazines, including the Far Eastern
Economic Review and The Economist. Government officials, including the
Prime Minister, continued to accuse the foreign media of harboring ill
intentions toward the country and of deliberately misrepresenting the
country's political and economic environment by focusing on negative news.
In September, the Deputy Home Minister said the Government would consider
a ban against any foreign magazine that made unfounded allegations against
the country and its leaders.
The electronic media was restricted more tightly than the print media.
Radio and television stations almost uniformly were supportive of the
Government's news coverage and commentary. News of the opposition was
restricted tightly and reported in a biased fashion. Opposition
representatives said they were unable to have their views heard and
represented on the country's television and radio stations. In the period
preceding a 2002 by-election, the government-owned television networks ran
a recurring prime-time news clip likening the opposition PAS party to the
Taliban.
The two privately owned television stations had close ties to the
ruling coalition and were unlikely to provide a forum for the opposition
parties. In 2002, the Government did not approve a longstanding license
application for a state radio station in opposition-controlled Kelantan
State. Internet television faced no such restrictions. In 2001, PAS
launched its own Internet television studio, with daily broadcasts.
The Government censored books and films for profanity, nudity, sex,
violence, and certain political and religious content. Television stations
censored programming in line with government guidelines. Some foreign
newspapers and magazines were banned, and, infrequently, foreign magazines
or newspapers were censored, most often for sexual content. However, the
increased prevalence of the Internet undermined such restrictions. The
Government maintained a "blacklist" of local and foreign performers,
politicians, and religious leaders who were not allowed to appear on
television or radio broadcasts. The Government continued to try to block
the production, distribution, and sales of unauthorized video compact
discs (VCDs) and digital video discs (DVDs), especially those with
pornographic or sensitive political content.
The Communications and Multimedia Act (CMA) requires certain Internet
and other network service providers to obtain a license. In the past, the
Government stated that it did not intend to impose controls on Internet
use, but noted that it would punish the "misuse" of information technology
under the CMA. During the year, the Government did not use licensing
provisions under the CMA to interfere with Internet access or to restrict
Internet content.
The Government generally restricted remarks or publications that might
incite racial or religious disharmony; it also attempted to restrict the
content of sermons at mosques in the states controlled by the ruling
coalition. Some state governments banned certain Muslim clergymen from
delivering sermons, and more recently, active monitoring of sermons began
in certain states (see Section 2.c.). The Religious Affairs Department
continued to conduct background checks on all clergymen. The Government
also cracked down on the distribution and sale of the opposition party's
VCDs and audiocassettes.
The Government places some restrictions on academic freedom,
particularly the expression of unapproved political views, and the
Government enforced restrictions on teachers and students who expressed
dissenting views. In 2002, the Government began to require that all civil
servants, university faculty, and students sign a pledge of loyalty to the
King and the Government. Opposition leaders and human rights activists
claimed that this was intended to restrain political activity among civil
servants, academics, and students. Although academics sometimes were
publicly critical of the Government, there was clear self-censorship among
public university academics whose career advancement and funding depended
on the Government. In 2001, senior government officials said that teachers
who opposed the Government and students who took part in anti-government
activities would face disciplinary actions, including dismissal and
expulsion. In February, a Universiti Teknologi Malaysia lecturer who was
pursuing his doctorate had his scholarship revoked after he was found to
have been involved in anti-government activity. In June, seven university
students were denied the right to continue their studies after being
charged with illegal assembly.
Private institution academics practiced self-censorship as well,
fearing that the Government might revoke the licenses of their
institutions. The law also imposes limitations on student associations and
student and faculty political activity (see Section 2.b.).
The Government has long stated that students should be apolitical and
used that assertion as a basis for denying parties access to student
forums. According to student leaders, students who signed anti-government
petitions sometimes were expelled or fined. The Government enforced this
policy selectively and did not refrain from spreading government views on
political issues among students and teachers.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of peaceful assembly; however, in
practice, the Government placed significant restrictions on this right.
This right may be limited in the interest of security and public order,
and the Police Act requires police permits for all public assemblies
except for workers on picket lines. The decision to grant a permit
theoretically rests with the district police chief; however, in practice,
senior police officials and political leaders influenced the grant or
denial of some permits. Police granted permits routinely to government and
ruling coalition supporters; however, they used a more restrictive policy
with government critics. In July 2001, the Government ceased issuing
permits for all political meetings throughout the country. This was widely
perceived as an effort to target the activities of the political
opposition, although some opposition rallies continued to be held. In
2002, PAS filed a suit against the Government protesting the ban. In
January, opposition activists attending a political forum organized by PAS
were arrested for illegal assembly. Similarly, in July, an outdoor march
in support of rape victims was cancelled after police refused a permit on
grounds of "public security." However, in September, the Elections
Commission announced that public rallies by political parties would be
permitted for the upcoming general election, subject to appropriate police
permits. The Constitution provides for the right of association; however, the
Government placed significant restrictions on this right and certain
statutes limit this right. Under the Societies Act, only registered,
approved organizations of seven or more persons may function as societies.
The Government sometimes refused to register organizations or imposed
conditions when allowing a society to register. The Government prohibited
the Communist Party and affiliated organizations to register and has
blocked the registration of the Socialist Party of Malaysia since 1999
(see Section 1.f.). The Government also has the power to revoke the
registration of an existing society for violations of the Act, a power
that it enforced selectively against political opposition groups.
In 2001, Parliament amended the Registration of Businesses Act to
enable the Registrar to revoke or refuse the registration of organizations
deemed to be engaging in unlawful activities or with purposes that were
incompatible with national security. Some human rights activists expressed
concern that this could be used to restrict NGOs that were critical of the
Government.
Under the Companies Act, the Registrar of Companies may refuse to
register a proposed company or disband an existing company if he is
satisfied that the company is likely to be used for any purpose
prejudicial to national security or the public interest. Opposition
parties and NGO activists alleged that the sweeping powers granted to the
Registrar of Companies were designed to stifle criticism. The Government
denied these charges and stated that financial irregularities were the
amendments' main target.
The Universities and University Colleges Act also restricts freedom of
association. This act mandates university approval for student
associations and prohibits student associations and faculty members from
engaging in political activity. Many students, NGOs, and opposition
political parties called for the repeal or amendment of the act. A number
of ruling coalition organizations and politicians also supported
reexamination of the act, but the Government argued that the act still was
necessary.
c. Freedom of Religion
The Constitution provides for freedom of religion; however, the
Government placed some restrictions on this right. Although Islam is the
official religion, the practice of Islamic beliefs other than Sunni Islam
was restricted significantly. Religious minorities, which include large
Buddhist, Christian, Hindu, and Sikh communities, generally worshipped
freely, although with some restrictions. Government funds supported an
Islamic religious establishment, and it was official policy to "infuse
Islamic values" into the administration of the country. The Government
imposed Islamic religious law (Shari'a) on Muslims only in some matters
and it did not impose Shari'a beyond the Muslim community. Adherence to
Islam was considered intrinsic to Malay ethnic identity in peninsular
Malaysia and therefore Islamic religious laws administered by state
authorities through Islamic courts bind all ethnic Malays (and other
Muslims) in some matters. Then-Prime Minister Mahathir's remarks about
Jews at the October summit of the Organization of the Islamic Conference
(OIC) drew international condemnation. Prime Minister Abdullah Badawi, who
succeeded Mahathir 2 weeks after the OIC speech, subsequently emphasized
religious tolerance towards all faiths.
The Registrar of Societies, under the Ministry of Home Affairs,
registers religious organizations. Registration enables organizations to
receive government grants and other benefits.
Muslims who wished to convert from Islam faced severe obstacles. In
2001, a High Court judge rejected the application of a Malay woman who
argued that she had converted to Christianity and requested that the term
"Islam" be removed from her identity card. The judge ruled that an ethnic
Malay is defined by the Federal Constitution as a "person who professes
the religion of Islam." The judge also stated that only an Islamic court
has jurisdiction to rule on the woman's supposed renunciation of Islam and
conversion to Christianity. In 2002, the Court of Appeal upheld this
decision. These rulings made conversion of Muslims nearly impossible in
practice.
In 2000, Perlis State enacted a law requiring that Muslims found guilty
of apostasy by a Shari'a court be sent to "faith rehabilitation centers."
Since its enactment, there have been no convictions under this law.
The Government generally respected non-Muslims' right of worship;
however, state governments carefully controlled the building of non-Muslim
places of worship and the allocation of land for non-Muslim cemeteries. In
1999, the Malaysian Consultative Council of Buddhism, Christianity,
Hinduism, and Sikhism (MCCBCHS) protested the planned implementation of
Ministry of Housing and local government guidelines governing non-Muslim
places of worship. The MCCBCHS specifically complained that the guidelines
required an area to have at least 2,000 adherents of a non-Muslim faith
before a building permit would be granted. As a result of the controversy
raised by this issue, the MCCBCHS and the Federal Territory Counseling and
Service Center separately urged the Prime Minister to create a national
"inter-religious" council to improve understanding among different
religious groups. Muslim NGOs opposed the proposal, arguing that such a
council would have powers to endorse apostasy and could pave the way for
other religions to spread their teachings among Muslims.
Proselytizing of Muslims by members of other religions is strictly
prohibited although persons proselytizing non-Muslims face no obstacles.
The Government discouraged the circulation in the country's peninsular
region of Malay-language translations of the Bible and distribution of
Christian tapes and printed materials in Malay. However, Malay-language
Christian materials could be found. The distribution of Malay-language
Christian materials faced few restrictions in the eastern part of the
country.
While representatives of non-Muslims do not sit on the immigration
committee that approves visa requests from members of the clergy, the
MCCBCHS is asked for its recommendation.
The Government opposed what it considers to be "deviationist"
interpretations of Islam, maintaining that the deviant groups' extreme
views endanger national security. In the past, the Government imposed
restrictions on certain Islamic groups, primarily the small number of
Shi'a Muslims. The Government continued to monitor the activities of the
Shi'a minority and religious groups believed to be involved in deviant
Islamic teachings. In 2000, the Shari'a Court in Kelantan State sentenced
four persons to 3 years in jail for disregarding a lower court order to
recant their allegedly heretical Islamic beliefs and to return to the true
teachings of Islam. The High Court rejected their argument that Shari'a
law had no jurisdiction over them because they had ceased to be Muslims.
In 2002, the Court of Appeal affirmed the High Court ruling. The four
individuals subsequently filed an appeal with the Federal Court that was
still pending at year's end. In a similar case also in 2002, the Federal
Court ruled that civil courts have no power to intervene in matters
pertaining to Shari'a court orders involving Muslim parties and Islamic
law.
The Government periodically detained members of deviant sects. In July,
the Selangor Religious Affairs Department detained 67 members of the
group Islam Jamaah, claiming that the teachings of the group were
detrimental to society. The members were charged under the Selangor
Shari'a Criminal Enactment and if convicted are liable to a 2-year jail
term and/or a fine of $800 (3,000 ringgit). The case was still pending at
year's end.
The Government generally restricted remarks or publications that might
incite racial or religious disharmony. This included some statements and
publications critical of particular religions, especially Islam. The
Government also restricted the content of sermons at mosques. The
Government periodically warned against those who delivered sermons in
mosques for "political ends," and, occasionally, state governments banned
certain Muslim clergymen from delivering sermons at mosques.
For Muslim children, religious education according to a
government-approved curriculum is compulsory. There were no restrictions
on home instruction.
In 2002, the Government implemented a policy that requires all Muslim
civil servants to attend Islamic classes taught by government-approved
teachers.
In family and religious matters, all Muslims are subject to Shari'a
law. Efforts by the PAS-led governments of Terengganu State and Kelantan
State to implement Shari'a criminal law (see Section 5), which would
impose Islamic penalties for theft, robbery, illicit sex, drinking
alcohol, and the renunciation of Islam have been challenged in Federal
court, and the cases were still pending as of year's end. In September,
the Deputy Prime Minister stated that police could not enforce Islamic
criminal law (hudud) until the Attorney General decided on the matter and
that the criminal procedure code was still in effect in Terengganu. The
PAS-controlled state governments in Terengganu and Kelantan have placed
restrictions on non-Muslims consuming alcohol, gambling, and dancing.
Reportedly, women were subject to discriminatory interpretations of
Shari'a law and inconsistent application of the law from state to state.
The Government has a comprehensive system of hiring and other
preferences for ethnic Malays and members of a few other groups, known
collectively as "bumiputras," most of whom are Muslim (see Section 5).
For a more detailed discussion, see the 2003 International
Religious Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration,
and Repatriation
Citizens generally have the right to travel, live, and work where they
please; however, the Government restricted these rights in some
circumstances. The eastern states of Sabah and Sarawak control immigration
and require citizens from peninsular Malaysia and foreigners to present
passports or national identity cards for entry. In 2002, the Federal Court
ruled that Sabah's exclusive control on immigration was provided for in
the Constitution and could not be challenged. In August, a prominent local
human rights activist was denied entry to Sarawak and returned to
peninsular Malaysia, allegedly due to her anti-logging positions. NGOs
claimed that some citizens were blacklisted and not permitted to travel
outside of Malaysia as they might "tarnish the reputation" of the country.
The Government regulated the internal movement of provisionally
released ISA detainees. The Government also used the Restricted Residence
Act to limit movements of those suspected of some criminal activities (see
Section 1.d.).
Citizens must apply for government permission to travel to Israel.
The Government has not ratified the 1951 U.N. Convention Relating to
the Status of Refugees or its 1967 Protocol and does not abide by
customary international law in this area. The Government sometimes granted
temporary refuge to asylum seekers. In August, the police arrested over
240 Acehnese asylum seekers outside the office of the United Nations High
Commissioner for Refugees (UNHCR) in Kuala Lumpur. On August 28, the Prime
Minister stated that Acehnese would not be allowed to seek political
asylum and would be deported. The UNHCR and a number of human rights
groups protested the government policy, asserting that it was contrary to
customary international law.
In January, Suhakam called on the Government to reconsider caning as a
penalty for illegal immigrants alleging that it amounts to cruel and
inhumane treatment. The new immigration law, in effect since 2002,
provides for 6 months in prison and up to six strokes of the cane for
immigration violations. In practice, due to delays in processing travel
documents, many illegal immigrants were detained in the camps for over a
year (see Section 1.d.).
The Government does not distinguish between asylum seekers and illegal
immigrants, and those under detention were detained together. Detention
facilities were overcrowded and lacked medical facilities. Detainees
allegedly were provided inadequate food and were subject to abuse. Local
NGOs maintained that there were some forced expulsions of asylum seekers
and refugees during the year.
Section 3 Respect for Political Rights: The Right of Citizens to Change
Their Government
By law, citizens have the right to change their Government through
periodic elections; however, while votes generally were recorded
accurately, there were irregularities that affected the fairness of
elections.
In practice, opposition parties were unable to compete on equal terms
with the governing coalition (which has held power at the national level
since 1957) because of significant restrictions on campaigning, freedom of
assembly, freedom of association, and access to the media. Nevertheless,
opposition candidates campaigned actively, with some success in state and
national elections. In 2002, the opposition retained a seat in the Kedah
state assembly but lost a national Parliamentary seat in a tightly
contested election. In the last national election, held in 1999, the
opposition more than doubled the number of its seats in parliament from 20
to 45, out of a total of 193.
The country has a parliamentary system of government with a bicameral
legislature. National elections are required for the lower chamber at
least every 5 years and have been held regularly since independence in
1957. Members of the upper chamber, the Senate, are appointed. The
Malay-based UMNO party dominates the ruling National Front coalition.
Since 1969, the National Front coalition always has maintained at least a
two-thirds majority in parliament, which enables the Government to amend
the Constitution at will. Over the years, power increasingly has been
concentrated in the Prime Minister. In October, Mahathir Mohamad, who had
been Prime Minister since 1981, retired and relinquished power to his
deputy, Abdullah Badawi.
The lack of equal access to the media was the most serious problem
encountered by the opposition in the November 1999 elections (see Section
2.a.). Government-owned stations and the country's two private television
stations had virtually no impartial reporting on the opposition. The
mainstream English- and Malay-language newspapers carried biased coverage
of domestic politics as well. In addition, opposition parties encountered
difficulties in placing paid advertisements in newspapers; however, a few
opposition advertisements did appear, after editing by the newspapers, in
English- and Chinese-language newspapers.
Opposition leaders claimed that the Election Commission, which is
responsible for holding and monitoring elections, did not carry out its
duties impartially. The Election Commission is nominally independent but
was perceived to be under the control of the Government. NGOs were
permitted to form an independent election watch organization, but the
organization was accorded no special privileges.
Opposition complaints of irregularities by election officials and
allegations of other election fraud during the 1999 campaign were not
substantiated, and, according to most observers, there was no evidence
that the conduct of election officers significantly affected the results
of the 1999 elections. Opposition leaders complained that, in the
past, local government officials who served as election officers were not
always neutral. In the 1999 elections, the Government did not permit
international monitoring or adequately allow for domestic NGO monitoring
efforts.
Opposition parties complained about their inability to monitor postal
votes (absentee ballots) cast by police and military personnel. The
Government, citing security concerns, did not allow party agents to
monitor postal vote boxes on military and police installations. Opposition
parties questioned the rationale for such security restrictions. They also
raised credible allegations of improper manipulation of postal votes,
including statements by former military personnel that their ballots were
filled out by others or under the eye of commanding officers.
In the 1999 elections, ballots were marked with a serial number that
could be matched against a voter's name. While there was no evidence that
the Government ever traced individual votes, some opposition leaders
alleged that the potential to do so had a chilling effect on some voters,
particularly civil servants.
The Constitution states that parliamentary constituencies should have
approximately equal numbers of eligible voters, although the same section
states that greater weight should be given to rural constituencies. In
recent years, changing demographics and redistricting have reduced the
voting advantage previously given to rural constituencies. The Government
conducted a nationwide electoral redistricting exercise during 2002. In
June, 25 new parliamentary seats were added primarily in states in which
the ruling coalition is strong. In September, the opposition complained
that the two states it controlled did not get any new seats and that the
redistricting was undertaken by the Government to weaken the opposition in
the next elections.
Other government measures hampered the opposition's ability to compete
with the incumbent ruling coalition. For example, the Government on
several occasions issued public warnings to civil servants, including
teachers, not to support the opposition (see Section 2.a.). Students faced
certain restrictions on political activity (see Sections 2.a. and 2.b.).
Government leaders routinely and openly threatened to suspend the
allocation of federal funds beyond the constitutionally mandated minimum
to constituencies that elected opposition representatives. Ruling
coalition members of Parliament received a government allocation totaling
approximately $25 million (95 million ringgit). Opposition members of
parliament received no such funds.
In the past, the opposition complained about restrictions on public
assemblies during the campaign period (see Section 2.b.). However, the
opposition held many large rallies before the 1999 elections. In
September, the Elections Commission indicated that it would lift the ban
on political rallies for the next general elections.
In 2002, Parliament passed an amendment to the Election Offenses Act
providing that anyone raising "sensitive issues" such as religion or race
before, during, or after an election could be removed from the electoral
roles or banned from standing in an election for 5 years. It also
prescribed a prison sentence of up to 5 years and a $13,000 (50,000
ringgit) fine for violators of the law.
Under the electoral law, unsuccessful candidates may appeal election
results to special election courts in instances of alleged fraud, vote
tampering, or other infractions of electoral rules. However, in July 2002,
Parliament passed an amendment to the electoral law forbidding judicial
scrutiny of voter rolls after the Election Commission has certified them.
Over the years, Parliament's function as a deliberative body has
deteriorated. Legislation proposed by the Government rarely was amended or
rejected. Legislation proposed by the opposition never was given serious
consideration. Opposition opportunities to hold legislation up to public
scrutiny have diminished. In 2001, a member of Parliament from the
opposition Democratic Action Party was suspended without pay for 6 months
after publicly criticizing the parliamentary Speaker for disallowing
discussion concerning corruption in the process of certifying lawyers.
The 1995 parliament amended its rules to strengthen the power of the
Speaker and to curb parliamentary procedures frequently used by the
opposition. The amendments empowered the Speaker to ban members he
considered unruly for up to 10 days, imposed limits on deputies' ability
to pose supplementary questions and revisit non-germane issues, and
established restrictions on the tabling of questions of public importance.
Further measures in 1997 and 1998 limited even more severely members'
opportunities to question and debate government policies. In 2001, an
amendment to the parliamentary Standing Orders permitted the Speaker to
edit written copies of members' speeches before the speeches were
delivered. Nonetheless, Government officials often faced sharp questioning
in Parliament, although this was not always reported in detail in the
press.
After the 1969 inter-communal riots, the Government abolished elected
local government in favor of municipal committees and village chiefs
appointed by state governments. Some politicians and NGO activists
advocated the reintroduction of local government elections. Even some
ruling party municipal officials noted that local bodies were simply
"rubber stamps" for the Government.
Women faced no legal limits on participation in government and
politics, and the Government proposed a "plan of action for the
advancement of women" to redress inequalities that did exist. At year's
end, 3 of 28 cabinet ministers were women. Women held 20 of 193 seats
in the House of Representatives, and they held 19 of 69 seats in the
Senate. In 2001, the Prime Minister established the Ministry of Women's
Affairs and Family Development and appointed a prominent female politician
as its first minister. In August, noting the low percentage of women in
legislative seats, the Minister of Women's Affairs asserted that, "It is a
simple fact of life that women operate in a very unequal workplace
environment." PAS does not allow women to stand as candidates for the
House of Representatives; however, the party has three female senators. In
the past, it has supported female candidates of other parties.
Ethnic minorities are represented in cabinet-level positions in
Government, as well as in senior civil service positions. The political
dominance of the Malay majority meant, in practice, that ethnic Malays
held the most powerful senior leadership positions. Non-Malays filled 9 of
the 28 cabinet posts and 16 of 31 deputy minister positions. An
ethnic Chinese leader of a component party of the ruling coalition was
Chief Minister of Penang State. A number of NGOs, including the Bar Council and other public interest
groups, devoted considerable attention to human rights. The Government
generally tolerated their activities but often did not respond to their
inquiries or press statements. Government officials met with NGOs on
several occasions during the year. Although Government officials harshly
criticized domestic NGOs for collaborating with foreigners, including
international human rights organizations, in recent years, no group was
banned or decertified.
The Government generally did not allow international human rights
organizations to form domestic branches; however, it usually did not
restrict access by representatives of those organizations. The Government
did not allow Amnesty International (AI) to set up a branch as an NGO.
However, AI incorporated itself as a business, and it was able to function
much like an NGO.
The National Human Rights Commission (Suhakam) under the leadership of
former Attorney General Abu Talib has come to be seen by some analysts as
a credible monitor of the human rights situation in the country and a
check on police activities that previously lacked oversight. The
legislation that created Suhakam defines human rights as "the fundamental
liberties provided for" in the Constitution and restricts the application
of the Universal Declaration of Human Rights to those provisions
consistent with the Constitution. Opposition leaders and NGOs, including
the Bar Council, criticized this definition of human rights as too narrow.
Suhakam is not empowered to inquire into allegations relating to ongoing
court cases and must cease its inquiry if an allegation under
investigation becomes the subject matter of a court case.
In July, Suhakam published its third annual human rights report, which
criticized deaths in police custody, detentions without trial, and
reiterated Suhakam's opposition to government-imposed restrictions on
freedom of assembly. It also called for the repeal and replacement of the
ISA with new legislation that is more in line with human rights
principles.
During the year, Suhakam commissioners traveled throughout the country
to educate community leaders, including police officials, on the purposes
of the Commission and the importance of human rights. Commissioners also
made several visits to prisons throughout the country to monitor
conditions. In March, Suhakam released a report on the condition of ISA
detainees. The report noted some human rights violations and outlined 18
recommendations aimed at improving conditions. Some observers credited
Suhakam with the release of six opposition activists detained under the
ISA.
Some observers acknowledged Suhakam as one of the few institutions in
society with any ability to challenge, however tentatively, executive
control. In August, Suhakam itself noted that a major challenge that
remained unresolved was the slow government response to their reports on
major issues that touched on fundamental liberties. In September, the
then-Deputy Prime Minister (now Prime Minister) praised Suhakam for
playing a positive and constructive role in the national dialogue on human
rights. The Constitution provides for equal protection under the law and
prohibits discrimination against citizens based on religion, race,
descent, or place of birth. In 2001, Parliament unanimously approved a
constitutional amendment barring discrimination on the basis of sex.
However, discrimination based on some of these factors persisted. For
example, government policies gave preferences to ethnic Malays in housing,
home ownership, the awarding of government contracts, educational
scholarships, and other areas. Neither the Constitution nor other laws
explicitly prohibited discrimination based on physical or mental
disabilities, but the Government promoted greater public acceptance and
integration of persons with disabilities.
Women
Violence against women remained a problem. Spousal abuse drew
considerable government, NGO, and press attention. According to the
Women's Aid Organization, there were over 3,000 cases of domestic
violence reported during the year.
The Domestic Violence Act addresses violence against women in the home.
However, women's groups criticized the act as inadequate and called for
amendments to strengthen it. In their view, the act fails to protect women
in immediate danger by requiring separate reports of abuse to be filed
with both the Welfare Department and the police, causing delay in the
issuance of a restraining order against the perpetrator. Women's rights
activists also highlighted the fact that, because the act is a part of the
Penal Code, legal protection for victims is limited to cases in which
visible evidence of physical injury is present, despite its interpretation
to include sexual and psychological abuse.
Although the Government, NGOs, and political parties established
shelters and offered other assistance to battered spouses, activists
asserted that support mechanisms for victims of domestic violence remained
inadequate. The police established a Sexual Investigations Unit at each
police headquarters as part of a nationwide effort to help victims of
sexual crimes and abuse. Police responses and sensitivity to complaints of
domestic violence improved, but women's rights activists claimed that the
police needed additional training in handling domestic abuse as well as
rape cases. In September, the Minister for Women and Family Development
urged the Government to place female officers at each police station to
deal with victims who are often reluctant to lodge reports with male
personnel. In December, the Prime Minister, who is also the Home Affairs
Minister, directed all district police stations to establish units
specially trained to minimize the trauma faced by victims of sex crimes
and domestic violence.
Some Shari'a experts have urged Muslim women to become more aware of
the provisions of Shari'a that prohibit spousal abuse and provide for
divorce on grounds of physical cruelty. However, provisions in state
Shari'a laws generally prohibit wives from disobeying the lawful orders of
their husbands and present an obstacle to women pursuing claims against
their husbands in Shari'a courts. Muslim women were able to file
complaints in the civil courts.
Spousal rape is not a crime. Theoretically a man who raped his wife
could face charges of assault; however, reportedly no man has been
convicted under such circumstances.
Reports of rape were common in the press and among women's rights
groups and NGOs. According to police statistics, 714 women were raped in
the first 7 months of the year. Many government hospitals have set up
crisis centers where victims of rape and domestic abuse could make reports
without going to a police station. NGOs and political parties also
cooperated in providing counseling for rape victims. However, cultural
attitudes and a perceived lack of sympathy from the largely male police
force resulted in many victims not reporting rapes. According to the
Ministry of Women's Affairs and Family Development and a leading woman's
NGO, only 10 percent of rape cases were reported to the police. In
November, the Penal Code was amended to increase the punishment for rape
to include imprisonment for a term of 5 to 30 years, caning, and a fine.
While some rapists received heavy punishments, including caning, women's
groups noted that other rapists received inadequate punishments. In
September 2002, a police constable was acquitted of charges of raping two
foreign women who were in police custody. The Sessions Court ruled that
the acts had been consensual. Following sharp public criticism of the
verdict, the Attorney General's office filed an appeal. In August, the
High Court overturned the Sessions Court's decision and sentenced the
policeman to 15 years in prison.
In July 2002, the PAS-controlled Terengganu state assembly passed the
Shari'a Criminal Offenses Bill (see Section 2.c.). The Government, led by
the Minister of Women's Affairs and Family Development, argued that the
proposed law discriminates against women, especially in regard to rape
cases. Under the new state law, conviction for rape would require four
Muslim male eyewitnesses of good standing to testify if adequate physical
evidence was lacking. Women and non-Muslims would be barred from
testifying. Illicit sex is punishable with death by stoning if the man or
woman is married. For unmarried offenders, the punishment is 100 lashes
and 1 year in prison. One prominent NGO critic of the law noted that the
provision requiring four male witnesses originally was intended to protect
women from false accusations of illicit sex and not as an additional
burden of proof for rape victims. The law remained in limbo at year's end,
as its implementation requires an amendment to the Federal Constitution. A
suit filed in the Federal Court challenging a similar proposed Kelantan
state law on the constitutional grounds that states have no authority over
criminal law was pending at year's end.
In the past, some NGOs reported instances of female genital mutilation
(FGM) in rural areas, but there have been no reports of such practices in
recent years.
Prostitution exists but is not widespread. Prostitution was prosecuted
but statistics were only available for foreigners arrested on immigration
charges with suspected involvement in prostitution. The number of such
persons arrested during the year was 5,584 compared to 4,132 arrested in
2001. Police attributed the increase to more vigorous enforcement efforts.
The country was a source and destination country for trafficking in
women for purposes of prostitution (see Section 6.f.).
The Government's Code of Practice on the Prevention and Eradication of
Sexual Harassment in the Workplace provides a detailed definition of
sexual harassment and attempts to raise public awareness of the problem,
but women's groups advocated passage of a law on sexual harassment in lieu
of the voluntary code of conduct. The Malaysian Employers Federation
opposed any attempt to legislate against sexual harassment in the
workplace, arguing that government-imposed policies would unduly restrict
the management of labor relations. Since the Code's 1999 introduction, the
number of reported incidents of sexual harassment has risen. In July, the
Women's Aid Organization reported that it receives approximately 2,000
calls per year relating to all forms of abuse against women.
According to the Minister of Women's Affairs and Family Development, by
September 2001 only 1 percent of registered companies in the country had
adopted the code. Despite the 2001 approval of a constitutional amendment
banning discrimination based on sex, women continued to be the victims of
legal discrimination.
Polygyny is allowed and practiced to a limited degree. Islamic
inheritance law varies by state, but it generally favors male offspring
and relatives. However, one state, Negeri Sembilan, provides for
matrilineal inheritance. The number of women obtaining divorces under the
provisions of Shari'a that allow for divorce without the husband's
consent, while small, was increasing steadily.
Women's rights advocates asserted that women still face discriminatory
treatment in Islamic courts due to prejudicial interpretation of Islamic
family law and the lack of uniformity in the implementation of family laws
among the various states. In 2002, the Sultan of Selangor, who is also the
senior Islamic figure in the state, acknowledged the bias against women of
Shari'a court judges. In previous years, female activists reported that
the premarital courses Muslim couples are required to take perpetuated
gender discrimination by misinforming women regarding their rights in
marriage. However, there were no such reports during the year.
State governments in Kelantan and Terengganu, which were controlled by
PAS, made efforts to restrict Muslim women's dress. In 2002, a local
council in Kelantan fined 120 Muslim women for failing to adhere to the
dress code while at work. In 2000, the Terengganu state government
introduced a dress code for government employees and workers on business
premises.
Non-Muslim women are subject to civil (secular) law. The Guardianship
of Women and Infants Act was amended in 1999 to give mothers equal
parental rights. Four states extended the provisions of the amended bill
to Muslim mothers. Women's groups urged all states to do the same. In
2002, Parliament approved an amendment to the Group Settlement Act that
gives wives of settlers a joint stake in the land awarded to their
husbands.
The Government undertook a number of initiatives to promote equality
for women and the full and equal participation of women in education and
the work force. Women were represented in growing numbers in professional
positions; however, in August the Minister of Women's Affairs and Family
Development noted that, while 46 percent of public sector staff were
women, only 15 percent held key posts. The media reported in
September that women made up 12 percent of the police force. In the
scientific and medical fields, women made up more than half of all
university graduates, and the total representation of women at
universities increased from 29 percent in 1970 to over
50 percent of the student population in recent years. According to
the national union of bank employees, 65 percent of members were women,
but only one out of eight principal banking officials was a woman.
Children
The Government has demonstrated a commitment to children's rights and
welfare and spends approximately 23 percent of the national budget on
education. The Government provides free education for children through 15
years of age. Although primary education is compulsory, there is no
enforcement mechanism governing school attendance. Actual attendance at
primary school is 96 percent, while secondary school attendance is 82
percent. A variety of programs provided low cost health care for most
children.
In 2002, the Child Act of 2001 went into force. The act incorporates
the principles of the U.N. Convention of the Rights of the Child,
prescribing more severe punishments for child abuse, molestation, neglect,
and abandonment. It also mandates the formation of a Children's Court,
which the Government stated would better protect the interests of
children; however, the court has not yet been established. The act allows
caning of male children between the ages of 10 and 18 years, who may
receive a maximum of 10 strokes with a "light cane."
The Government recognized that sexual exploitation of children and
incest were problems. Incest in particular was a problem in rural areas. A
2002 amendment to the Penal Code provides for from 6 to 20 years'
imprisonment and caning for individuals convicted of incest. In September,
a man was sentenced to 14 years and 10 strokes of the cane for raping his
15-year-old daughter. However, under the Evidence Act, the testimony of
children is accepted only if there is corroborating evidence. This poses
special problems for molestation cases in which the child victim is the
only witness. Some judges and others recommended that the Evidence Act be
amended to accept the testimony of children and that courts implement
special procedures to hear the testimony of children.
Statutory rape occurred and was prosecuted. However, Islamic law
provisions that consider a Muslim girl an adult after she has had her
first menstruation sometimes complicated prosecution of statutory rape.
Such a girl may be charged with "khalwat" or "close proximity" (the charge
usually used to prosecute premarital or extramarital sexual relations),
even if she is under the age of 18 and her partner is an adult. Thus
Shari'a courts sometimes punished the victims of statutory rape. Moreover,
Shari'a courts sometimes were more lenient with males who were charged
with "close proximity." However, in many cases Muslim men were charged and
punished for statutory rape under secular law.
In the past, some girls in rural areas were subject to varying forms of
FGM (see Section 5).
Child prostitution existed, but child prostitutes often were treated as
delinquents rather than victims. According to police statistics, in 2002,
97 girls under 18 were detained and sent to rehabilitation centers for
involvement in immoral activities (see Section 6.f.).
Child labor occurred in certain areas of the country (see Section
6.d.).
Persons with Disabilities
The Government did not discriminate against persons with disabilities
in employment, education, or in the provision of other state services. A
public sector regulation reserves 1 percent of all public sector job
openings for persons with disabilities. Few public facilities were adapted
to the needs of persons with disabilities, and the Government has not
mandated accessibility to transportation or public buildings for persons
with disabilities. However, new government buildings were generally
outfitted with a full range of facilities for persons with disabilities.
In 2001, the Government announced the Code of Practice for the
Employment of Persons with Disabilities in the Private Sector as a
guideline for all government agencies, employers, employee associations,
employees, and others to place suitable persons with disabilities in
private sector jobs. In its second annual report, Suhakam recommended the
passage of a Disabled Persons Bill to address discriminatory practices and
to eliminate architectural and communication barriers facing persons with
disabilities.
Special education schools existed, but were not sufficient to meet the
needs of the disabled population. The Government undertook many
initiatives to promote public acceptance of persons with disabilities, to
make public facilities more accessible to persons with disabilities, and
to increase budgetary allotments for programs aimed at aiding them.
Recognizing that public transportation was not disabled-friendly, the
Government reduced the excise duty for persons with disabilities on
locally made cars and motorcycles by 50 percent. The most recent
statistics indicated that persons with disabilities made up 7 percent of
the population.
Indigenous People
Indigenous people (the descendants of the original inhabitants of the
peninsular region of the country and the Borneo states) generally enjoyed
the same constitutional rights as the rest of the population. However, in
practice, federal laws pertaining to indigenous people of the peninsular
region, known as the Orang Asli, vest considerable authority in the
Minister for Rural Development, to protect, control, and otherwise decide
issues concerning this group. As a result, indigenous people, particularly
in peninsular Malaysia, had very little ability to participate in
decisions that affect them.
The Orang Asli, who numbered approximately 133,000, were the poorest
group in the country. According to government statistics, over 80 percent
of the Orang Asli live below the poverty level. In 2002, the Cabinet
approved the formation of a national advisory council for the development
of Orang Asli. However, only 5 out of 17 council members were Orang Asli.
In July, the Government announced development projects for the Orang Asli
totaling $26.3 million (100 million ringgit) for the 2004 fiscal year
focused on improving the health, pre-school education, infrastructure, and
economic activities of the Orang Asli community. Nonetheless, according to
a local NGO the percentage of Orang Asli living below the poverty line
increased during the year.
Under the Aboriginal People's Act, the Orang Asli who had been granted
land on a group basis were permitted to live on reserves but did not
possess land rights. Observers reported that, over the years, the total
area of land reserved for Orang Asli had decreased, and some land
previously set aside as Orang Asli reserve had been re-zoned for
development.
The uncertainty surrounding Orang Asli land ownership made them
vulnerable to exploitation. Logging companies continued to encroach on
land traditionally held by Orang Asli and other indigenous groups in the
Borneo states. In May, Orang Asli in Pahang State were arrested for
attempting to block logging trucks from entering their land. The press
reported that they were later released on bail and the logging project was
cancelled. In 2002, the High Court ruled in favor of an Orang Asli group,
the Temuans, as the rightful owners of land used for the construction of
the Kuala Lumpur International Airport and ordered the Selangor state
government to give compensation. The state government has appealed the
decision, and the case was still pending at year's end. Laws allowing condemnation and purchase of land do not require more
than perfunctory notifications in newspapers to which indigenous people
may have no access. The result was that many indigenous people were
deprived of their traditional lands with little or no legal recourse.
Suhakam reported that the Bakun Dam project in Sarawak encroached upon
the native land of the Penans and that this encroachment caused the
degradation of the forests around Penan villages and the pollution of
their water supply. The Commission also noted that the development of oil
palm plantations encroached on traditional lands.
National/Racial/Ethnic Minorities
The Government maintained extensive preferential programs designed to
boost the economic position of the Malay majority, which remained poorer
on average than the Chinese minority. Such preferential programs and
policies limited opportunities for non-Malays in higher education,
government employment, business permits and licenses, and ownership of
land. According to the Government, these programs were instrumental in
ensuring ethnic harmony and political stability. Ethnic Indian citizens,
who did not receive such privileges, remained among the country's poorest
groups.
Section 6 Worker Rights
a. The Right of Association
By law, most workers have the right to engage in trade union activity,
but only 8.5 percent of the labor force was represented by the
609 trade unions. Those who do not have the right to engage in union
activity include workers categorized as "confidential" and "managerial and
executive," as well as defense and police officials. With certain
limitations, unions may organize workplaces, bargain collectively with
employers, and associate with national federations. In theory, foreign
workers can join a trade union; however, the Immigration Department placed
conditions on foreign workers' permits that effectively barred them from
joining a trade union (see Section 6.e.).
The Trade Unions Act prohibits interfering with, restraining, or
coercing a worker in the exercise of the right to form trade unions or in
participating in lawful trade union activities. However, the act restricts
a union to representing workers in a "particular establishment, trade,
occupation, or industry or within any similar trades, occupations, or
industries," contrary to International Labor Organization (ILO)
guidelines. The Director General of Trade Unions may refuse to register a
trade union and, in some circumstances, may also withdraw the registration
of a trade union. When registration is refused, withdrawn, or canceled, a
trade union is considered an unlawful association.
Trade unions from different industries may join in national congresses,
but the congresses must register as societies under the Societies Act (see
Section 2.b.).
Malaysian Trade Union Congress (MTUC) officials continue to express
frustration about delays in the settlement of union recognition disputes.
While the Industrial Relations Act requires that a union be recognized
within 21 days of application, it was not uncommon for unions to go
unrecognized for 1 to 2 years. During the year there were 99 claims for
trade union recognition under the Industrial Relations Act. However,
according to MTUC officials, during 2002, there were 10 court
challenges by private companies to decisions authorizing the formation of
unions. Even in-house unions sometimes faced difficulties. One company
resisted concluding a collective bargaining agreement for over 12 years,
in part by changing its name five times. At year's end, the company union
remained in limbo pending a decision by the Court of Appeal.
Government policy inhibited the formation of national unions in the
electronics sector, the country's largest industry. The Government
believed that enterprise-level unions were more appropriate for this
sector. According to MTUC officials, 150,000 electronics workers
still were unable to organize and only 8 in-house unions were formed in
the electronics industry. Collective bargaining agreements are limited in
those companies designated as having "pioneer status." According to the
ILO, the Government has promised to repeal this statute since 1994.
Unions maintained independence both from the Government and political
parties, although individual union members may belong to political
parties. Although union officers by law may not hold principal offices in
political parties, individual trade union leaders have served in
Parliament. Trade unions were free to associate with national labor
congresses, which exercised many of the responsibilities of national labor
unions, although they cannot bargain for local unions.
There are two national labor organizations. The MTUC is a society of
trade unions, in both the private and government sectors, registered under
the Societies Act. As such, the MTUC does not have collective bargaining
or industrial action rights, but provides technical support for affiliated
members. Government sector unions had opportunities to affiliate with the
Congress of Unions of Employees in the Public and Civil Service, a
federation of trade unions registered under the Trade Unions Act. Trade
unions were also permitted to affiliate with international trade union
organizations, such as global union federations and the International
Confederation of Free Trade Unions, subject to the approval of the
Director General of Trade Unions. Although the law grants public servants
the right to organize at the level of ministries and departments, the
Government did not respond to ILO requests for specific information on the
numbers and categories of civil servant employees covered or details
regarding the collective bargaining agreements reached. There were three
national joint councils representing management and professional civil
servants, technical employees, and non-technical workers.
b. The Right to Organize and Bargain Collectively
Workers have the legal right to organize and bargain collectively, and
collective bargaining was widespread in those sectors where labor was
organized. Charges of discrimination may be filed with the Ministry of
Human Resources or the Industrial Court. Critics alleged that the
Industrial Court was slow in adjudicating worker complaints when
conciliation efforts by the Ministry of Human Resources failed. However,
others pointed out that the Industrial Court almost always sided with the
workers in disputes. In the past, employers reportedly often ignored
Industrial Court judgments with impunity. In 2002, the number of
Industrial Court chairpersons was increased from 14 to 23 to address the
problem of backlogged cases.
The Government holds that issues of transfer, dismissal, and
reinstatement are internal management prerogatives; therefore, they are
excluded from collective bargaining, which is not in accordance with ILO
standards. The Minister of Human Resources can suspend for up to 6 months
any trade union deemed to be used for purposes prejudicial to or
incompatible with security or public order.
Although strikes are legal, the right to strike is severely restricted.
The law contains a list of "essential services" in which unions must give
advance notice of any industrial action. The list includes sectors not
normally deemed essential under ILO definitions. The Government stated
these essential services were considered crucial to the economy and the
public interest. The MTUC officials said that requirements imposed by the
authorities were so stringent that it was almost impossible to strike.
According to the Ministry of Human Resources statistics, there were 2
strikes and lockouts involving 57 workers during the year. Employees
in the public sector do not have the right to collective bargaining.
The Industrial Relations Act requires the parties to notify the
Ministry of Human Resources that a dispute exists before any industrial
action may be taken. The Ministry's Industrial Relations Department then
may become involved actively in conciliation efforts. If conciliation
fails to achieve settlement, the Minister has the power to refer the
dispute to the Industrial Court. Strikes or lockouts are prohibited while
the dispute is before the Industrial Court. The act prohibits employers
from taking retribution against a worker for participating in the lawful
activities of a trade union. When a strike is legal, these provisions
prohibit employer retribution against strikers and leaders. However, some
trade unions questioned the effectiveness of the provisions.
Companies in free trade zones (FTZs) must observe labor standards
identical to those in the rest of the country. Many workers in FTZ
companies were organized, especially in the textile and electrical
products sectors. The ILO continues to object to legal restrictions on
collective bargaining in pioneer industries.
c. Prohibition of Forced or Bonded Labor
The Constitution prohibits forced or bonded labor, and the Government
generally enforced this prohibition. Certain laws allow the use of
imprisonment with compulsory labor as punishment for persons who express
views opposed to the established order or who participate in strikes.
However, these laws were not applied and appear to be constitutionally
prohibited.
The Government prohibits forced and bonded labor by children, and there
were no reports that such practices occurred.
d. Status of Child Labor Practices and Minimum Age for Employment
The Children and Young Persons (Employment) Act prohibits the
employment of children younger than the age of 14. The Act permits some
exceptions, such as light work in a family enterprise, work in public
entertainment, work performed for the Government in a school or in
training institutions, or work as an approved apprentice. In no case may
children work more than 6 hours per day, more than 6 days per week,
or at night.
Child labor occurred in certain areas of the country. There was no
reliable estimate of the number of child workers. Most child laborers
worked informally in the plantation sector, helping their parents in the
field. However, only adult members of the family received a wage. In urban
areas, child labor could be found in family food businesses, night
markets, and small-scale industries. Government officials did not deny the
existence of child labor in family businesses but maintained that foreign
workers have largely replaced child labor and that the Government
vigorously enforced child labor provisions.
e. Acceptable Conditions of Work
There was no minimum wage, as the Government preferred to allow market
forces to determine wages. Prevailing market wages generally provided a
decent living. Wage Councils, which were established by the Wage Council
Act of 1947 to provide a recommended minimum wage in those sectors in
which the market wage was determined insufficient, had little impact on
wages in any sector. According to MTUC officials, the Wage Councils had
not met for more than 12 years, and their recommended wages have long been
obsolete.
Plantation workers generally received production-related payments or
daily wages. In April, the National Union of Plantation Workers (NUPW) and
the Malaysian Agriculture Producers Association agreed on a monthly
minimum wage for palm oil plantation workers of $92 (350 ringgit) per
month. Proponents of the agreement said that productivity incentives and
bonuses raised the prevailing wage to nearly $184 (700 ringgit). In April,
rubber plantation workers were provided with a similar minimum guarantee.
Under the Employment Act, working hours may not exceed 8 hours per
day or 48 hours per workweek of 6 days. Each workweek must include a
24-hour rest period. The Act also sets overtime rates and mandates public
holidays, annual leave, sick leave, and maternity allowances. The Labor
Department of the Ministry of Human Resources is responsible for enforcing
these standards, but a shortage of inspectors precluded strict
enforcement.
Significant numbers of contract workers, including numerous illegal
immigrants, worked on pla | |||||