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TITLE: MALAYSIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
MALAYSIA
Malaysia is a federation of 13 states with a parliamentary
system of government based on periodic multiparty elections but
in which the ruling National Front coalition has held power
since 1957. Opposition parties actively contest elections,
although they hold only 21 percent of the seats in the Federal
Parliament; an opposition party currently controls one state
government. There is political competition within the United
Malays National Organization (UMNO), the major party in the
coalition.
The Government asserts that internal security laws allowing
preventive detention (and arrests under such laws) are required
owing to Malaysia's "sensitive social balance," the need to
ensure that the peace and stability of the country are
protected, and concern about endemic narcotics trafficking
problems. However, the Government also has used these laws
more broadly to detain persons when available evidence is
insufficient to bring formal charges under the Criminal Code,
as well as to detain political opponents. The existence of
these laws serves to inhibit effective opposition to government
policies.
The Royal Malaysian Police has primary responsibility for
internal security matters; it reports to the Minister of Home
Affairs. Prime Minister Mahathir also holds the Home Affairs
portfolio. There continued to be some credible reports of
mistreatment of prisoners and detainees by the police and
prison officials.
Rapidly expanding exports of manufactured goods, especially in
the electronics sector, account for much of the country's
economic growth. Crude oil exports and traditional commodities
(tropical timber, palm oil, rubber) add to Malaysia's trade
revenues. Strong economic performance in recent years has led
to significant reductions in poverty, improved standards of
living, and more equal income distribution.
While there is an efficient system of justice based on common
law principles, the Government continues arbitrarily to arrest
and detain citizens without trial. The Government also limits
judicial independence and effectively restricts freedom of
association and of the press. These restrictions make it very
difficult for opposition parties to compete on equal terms with
the long-ruling governing coalition. Domestic violence against
women is a serious problem, which the Government is taking
steps to address.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings by the Government or any other political organization.
b. Disappearance
There were no reports of disappearances attributable to the
Government or any other political organization.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There continue to be instances of police officers abusing
criminal suspects during interrogation, including strong
psychological pressure and sometimes physical abuse. In some
cases, government authorities have investigated police
officials for such abuses, but because they refuse to release
information on the results of the investigations, it cannot be
determined whether those responsible for such abuses are
punished. There were no known instances in 1994 (or in recent
years) of police officials being tried, convicted, and
sentenced for abuse of prisoners.
Malaysian criminal law prescribes caning as an additional
punishment to imprisonment for those convicted of crimes such
as narcotics possession. Judges routinely include caning in
sentencing those convicted of such crimes as kidnaping, rape,
and robbery. The caning, which is normally carried out with a
1/2-inch thick wooden cane, commonly causes welts and sometimes
scarring.
d. Arbitrary Arrest, Detention, or Exile
Three laws permit the Government to detain suspects without
judicial review or filing formal charges: the 1960 Internal
Security Act (ISA), the Emergency (Public Order and Prevention
of Crime) Ordinance of 1969, and the Dangerous Drugs Act of
1985. The Government continued to use long-term detentions
without trial in cases alleged to involve national security, as
well as in narcotics trafficking and other cases. According to
the Home Affairs Ministry, as of December, there were 4,115
people being detained without trial; most of those detainees
are being held under the Dangerous Drugs Act.
Passed more than 30 years ago when there was an active
Communist insurgency, the ISA empowers the police to hold any
person who may act "in a manner prejudicial to the security of
Malaysia" for up to 60 days. According to the Government, the
goal of the ISA is to control internal subversion, although
there is now no serious threat to national stability in
Malaysia. The Government also uses the ISA against passport
and identity card forgers, 20 of whom were being held as of
December 20.
Security authorities sometimes wait several days after a
detention before informing the detainee's family. The Minister
of Home Affairs may authorize, in writing, further indefinite
detention for periods of up to 2 years. Even when there are no
formal charges, the authorities must inform detainees of the
accusations against them and permit them to appeal to an
advisory board for review every 6 months. Advisory board
decisions and recommendations, however, are not binding on the
Home Affairs Minister, are not made public, and are often not
shown to the detainee. A number of ISA detainees have refused
to participate in the review process under these circumstances.
The Home Affairs Ministry reported in December that there were
27 ISA detainees at that time, down from 51 as of July 1993.
The Government released approximately 27 former detainees
subject to "imposed restricted conditions," which will be in
effect for the balance of their detention periods. These
conditions limit their rights to freedom of speech, association,
and travel outside the country.
On September 2, the Government detained under the ISA nine
members of the banned Al Arqam Islamic movement, including the
Islamic sect's leader, Ashaari Muhammed. The Government said
it took these actions on the grounds that Al Arqam posed a
threat to national security, although it presented no credible
evidence of this.
On October 20, after 50 days in ISA detention by the Special
Branch, Ashaari recanted his beliefs in a 2 1/2-hour
government-televised discussion with Islamic leaders and
confessed to propagating teachings and practices which deviated
from true Islam. Since founding Al Arqam in 1968, Ashaari had
been vigorously expounding these views for over 25 years at the
time of his recantation. During the televised confession,
Ashaari appeared to have lost weight, and his head and beard
had been shaved. Ashaari and five of his followers were freed
on October 28 and Ashaari visited the Al Arqam commune at
Sungai Pencala the next day to meet with his followers. He
told his followers that his October 20 confession had been
"voluntary." Ashaari remains under restricted residence, and
his movements are limited to Kuala Lumpur and the surrounding
state of Selangor.
In January the Government lifted restricted residence
conditions for six persons, including the brother of the then
chief minister of the east Malaysian state of Sabah, who had
been detained under the ISA in 1990 and 1991 for alleged
involvement in a secessionist plot. They had been released in
1993, but their movements were restricted.
Amendments to the ISA severely limit judicial review of
detentions, contravening international standards of due
process. During 1994 opposition leaders and human rights
organizations called on the Government to repeal the ISA and
other legislation that deprive people of the right to defend
themselves in court. Some officials also have suggested that
amendments are warranted, but senior government officials
insist that the ISA in its present form continues to be
necessary to preserve peace and harmony in a multiracial
society, without explaining convincingly why reliance on the
criminal law and the courts would seriously impair peace and
harmony. In May the Prime Minister, while not dismissing the
possibility that some provisions of the ISA could be amended,
said that the ISA could not be repealed as it was still needed
under certain circumstances.
The Emergency (Public Order and Prevention of Crime) Ordinance
was instituted after intercommunal riots in 1969. Although
Parliament regained its legislative power in 1971, the
Government has never lifted the state of emergency declared at
the time of the riots. The Home Affairs Minister can 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." The
Home Affairs Ministry in December said there were 200 people in
detention under the Emergency Ordinance, up from 93 people in
1993. Local human rights organizations accept this figure as
accurate.
Provisions of the 1985 amendments to the Dangerous Drugs Act
give the Government specific power to detain suspected drug
traffickers. The suspects may be held up to 39 days before the
Home Affairs Minister must issue a detention order. Once the
Ministry has issued an order, the detainee is entitled to a
habeas corpus hearing before a court. In some instances, the
judge 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 Affairs Minister. However, the review process contains
none of the due process rights that a defendant would have in a
court proceeding. As of December 20, approximately 3,888 drug
suspects remained under detention or under restrictions
equivalent to house arrest under this statute. The police
frequently rearrest suspected narcotics traffickers and
firearms offenders under the preventive measures clauses of the
Dangerous Drugs Act or the ISA after an acquittal in court on
formal charges under separate provisions of those acts.
A 1989 peace agreement allows members of the Communist Party of
Malaya (CPM) to return to Malaysia. According to the
Government, the agreement stipulates that they satisfy certain
conditions, including taking a loyalty oath "to king and
country" and renouncing the CPM in writing. Since 1989 more
than 650 former CPM members have applied to return to Malaysia
under the agreement. Sixty-six subsequently withdrew their
applications because they objected to the conditions imposed by
the Government on their repatriation. In 1994, 50 to 80 former
CPM members returned to Malaysia, including a prominent member
of the CPM's Central Committee who returned after spending
30 years in exile. The Government has rejected an unknown
number of applications by former CPM members to return to
Malaysia.
Since December 1989, 338 former Communists and 50 dependents
have been "rehabilitated" by the Malaysian security authorities
and resettled in Malaysia. This rehabilitation consists of
detention without trial under the ISA at the Kamunting
Detention Center in Perak state. In addition, rehabilitated
former CPM members who have reintegrated into Malaysian society
are restricted to certain areas where security authorities
watch them carefully for up to 6 years. These rehabilitated
persons cannot resume full participation in Malaysia's
political life until this period of surveillance demonstrates
to the satisfaction of the police that they have abandoned
their former ideology.
In November former student leader Hishamuddin Rais ended
20 years of exile in England and returned to Malaysia.
Hishamuddin was questioned by police for several days after his
return to Malaysia and was released and issued a new identity
card and passport. The former student activist did not
discount the possibility of entering national politics.
e. Denial of Fair Public Trial
Most civil and criminal cases are fair and open. The accused
must be brought before a judge within 24 hours of arrest, and
charges must be levied within 14 days. Defendants have the
right to counsel, bail is available, and strict rules of
evidence apply in court. Defendants may appeal court decisions
to higher courts and, in criminal cases, may also appeal for
clemency to the King or local state rulers as appropriate. All
criminal trials, including murder trials, are heard by a single
judge. Parliament voted on December 21 to amend the Criminal
Procedure Code by abolishing jury trials in death penalty
cases. Human rights organizations and the Bar Council have
complained that they were not consulted by the Government prior
to tabling this amendment. The defense in both ordinary
criminal cases and the special security cases described below
is not entitled to a statement of evidence before the trial.
The right to a fair trial is restricted in criminal cases in
which the Attorney General invokes the Essential (Security
Cases) Regulations of 1975. These regulations governing trial
procedure normally apply only in firearms cases. In cases
tried under these regulations, the standards for accepting
self-incriminating statements by defendants as evidence are
less stringent than in normal criminal cases. Also, the
authorities may hold the accused for an unspecified period of
time before making formal charges. The Attorney General has
the authority to invoke these regulations in other criminal
cases if the Government determines that the crime involves
national security considerations, but such cases are rare.
The Malaysian judiciary has traditionally been regarded by the
public and the legal community as committed to the rule of law
and has ruled against the Government in some politically
sensitive cases. However, the Government's 1988 dismissal of
the Supreme Court Lord President and two other justices, along
with a constitutional amendment and legislation restricting
judicial review, has undermined judicial independence and
strengthened executive influence over the judiciary in
politically sensitive cases. These developments created the
possibility that Malaysians who might otherwise seek legal
remedies against government actions would be reluctant to do so
and have resulted in less willingness by the courts to
challenge the Government's legal interpretations in politically
sensitive cases.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
These rights are normally respected and protected by law.
Provisions in the security legislation (see Section 1.d.),
however, allow the police to enter and search without a warrant
the homes of persons suspected of threatening national
security. Police may also confiscate evidence under these
acts. In some cases each year, police have used this legal
authority to search homes and offices, seize books and papers,
monitor conversations, and take people into custody without a
warrant.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although the Constitution provides for freedom of speech and
press, some important limitations exist, and over the years the
Government has restricted freedom of expression of media
organizations and individuals. The Constitution provides that
freedom of speech may be restricted by legislation "in the
interest of security...(or) public order." Thus, the Sedition
Act Amendments of 1970 prohibit public comment on issues
defined as sensitive, such as citizenship rights for non-Malays
and the special position of Malays in society. The Government
has not brought charges under the Sedition Act since 1986, when
a trial court acquitted a former president of the Bar Council.
The Printing Presses and Publications Act of 1984 contains
important limitations on press freedom. Domestic and foreign
publications must apply annually to the Government for a
permit. The Act was amended in 1987 to make the publication of
"malicious news" a punishable offense, expand the Government's
power to ban or restrict publications, and prohibit court
challenges to suspension or revocation of publication permits.
In December the authorities detained six local leaders of the
opposition Democratic Action Party under the Printing Presses
Act for distributing pamphlets without permission. The banned
pamphlets dealt with a local land deal and compensation
payments to residents and businesses. Government policies
create an atmosphere which inhibits independent journalism and
result in self-censorship of issues government authorities
might consider sensitive. Government displeasure with press
reporting is often conveyed directly to the newspaper's board
of directors. There have also been credible reports of efforts
by the Government to stop reporters from pursuing stories on
sensitive subjects.
In practice, press freedom is also limited by the fact that
leading political figures, or companies controlled by leading
political figures in the ruling coalition, own all the major
newspapers and all radio and television stations. These mass
media provide generally laudatory, noncritical coverage of
government officials and government policies, and give only
limited and selective coverage to political views of the
opposition or political rivals. Editorial opinion in these
mass media frequently reflects government positions on domestic
and international issues. Chinese-language newspapers are
generally more free in reporting and commenting on sensitive
political and social issues.
Despite strong political influence on the editorial decisions
of major publications, small-circulation publications of
opposition parties, social action groups, unions, and other
private groups actively cover opposition parties and frequently
print views critical of government policies. The Government
does retain significant influence over these publications by
requiring annual renewal of publishing permits. In June the
Home Affairs Ministry revoked the publishing license of a
popular Tamil-language tabloid, Thoothan (The Messenger), after
the paper published an article alleging corruption on the part
of the Malaysian-Indian Minister of Energy, Telecommunications,
and Posts. In May the Government threatened to review the
publication permit of the opposition party PAS newsletter,
Harakah, after it ran articles the Government claimed could
disrupt national unity and harmony. Also in May, the Home
Affairs Ministry directed newspapers not to publish information
about a confrontation in Penang between police and local Hindu
worshipers who were celebrating a religious festival. Earlier,
in March, the Home Affairs Ministry decided not to renew the
work permit of a Filipino correspondent for the Manila-based
Inter Press Service because of what it described as negative
reports on Malaysia's treatment of foreign guest workers that
purportedly posed a threat to national security and racial
harmony. In August the Government seized books, publications,
and other materials belonging to the banned Al Arqam religious
sect and made it illegal to possess, sell, distribute, or
display books, logos, and other printed materials prepared by
the organization.
In June 1990, Parliament enacted legislation making the
government-controlled Malaysian news agency (Bernama) the sole
distributor of foreign news in Malaysia, formalizing previous
practice. The parliamentary opposition opposed the bill,
arguing that it would increase government control over foreign
news. Although the Government has not to date used this law to
restrict foreign news coverage or availability, in the past the
Government has banned under separate legislation individual
editions of foreign publications. In 1994 the Government
censored portions of photographs and text in issues of foreign
newsmagazines and stopped airing the British Broadcasting
Corporation (BBC) news programs, allegedly because the BBC's
conditions for use would undermine Malaysia's dignity,
according to a government spokesman.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the rights of freedom of peaceful
assembly and association, but there are significant
restrictions. These rights may be limited in the interest of
security and public order, and the 1967 Police Act requires
police permits for all public assemblies with the exception of
workers on picket lines. Spontaneous demonstrations occur
periodically without permission, but they are limited in scope
and generally occur with the tacit consent of the police. In
the east Malaysian state of Sarawak, groups of indigenous
people have held peaceful demonstrations to protest government
policies and actions.
In the aftermath of the intercommunal riots in 1969, the
Government banned political rallies. The Government has
announced that political rallies will continue to be banned
during national elections likely to be held in early 1995.
While the formal ban has not been rescinded, both government
and opposition parties have held large indoor political
gatherings dubbed "discussion sessions." Government and
opposition candidates campaign actively. There are, however,
some restrictions on freedom of assembly during campaigns.
During the actual campaign period, political parties submit
lists of times and places for their "discussion groups."
Although theoretically no police permit is required, some
opposition discussion group meetings in past campaigns have
been canceled for lack of a police permit. Outside of the
campaign period, a permit is required, with most applications
routinely approved.
Other statutes limit the right of association, such as the
Societies Act of 1966, under which any association of seven or
more members must register with the Government as a society.
The Government may refuse to register a new society or may
impose conditions when allowing a society to register. The
Government also has the power to revoke the registration of an
existing society for violations of the Act, a power it has
selectively enforced against political opposition groups. On
August 27, the Government declared the Al Arqam religious
movement to be an illegal organization under the Societies Act
and seized computers and other materials belonging to the
organization. More than 300 members of the sect had been
arrested as of September 22 for being associated with the
organization (see also Section 1.d.). In 1993 the Registrar of
Societies deregistered a political party of long standing in
the east Malaysian state of Sabah when it formed a coalition
with the ruling opposition party, and threatened to do the same
to the national opposition party Semangat '46 if it continued
to claim that it was the legitimate successor to the original
UMNO party. The threat of possible deregistration inhibits
political activism by public or special interest organizations.
Another law affecting freedom of association is the
Universities and University Colleges Act; it mandates
government approval for student associations and prohibits
student associations, as well as faculty members, from engaging
in political activity. Campus demonstrations must be approved
by a university vice chancellor.
c. Freedom of Religion
Islam is the official religion. Religious minorities, which
include large Hindu, Buddhist, Sikh, and Christian communities,
generally are permitted to worship freely but are subject to
some restrictions. Islamic religious laws administered by
state authorities through Islamic courts bind ethnic Malays in
some civil matters, such as family relations and diet.
Government funds support an Islamic religious establishment,
and it is official policy to "infuse Islamic values" into the
administration of Malaysia. At the same time, the Constitution
provides for freedom of religion, and the Government has
refused to accede to pressures to impose Islamic religious law
beyond the Muslim community.
The Government opposes what it considers extremist or deviant
interpretations of Islam and in August banned the Al Arqam
religious movement for what it termed "deviationist
teachings." In the past, the Government has imposed
restrictions on certain Islamic sects. It continues to monitor
the activities of the Shi'ite minority.
There are persistent allegations that some state governments
are slow in approving building permits for non-Muslim places of
worship and some non-Muslims allege difficulty in obtaining
land for cemeteries. In one instance, a municipal council had
approved the construction of a Catholic Church headquarters
only to rescind its approval in August 1993, after a public
outcry by the predominantly Muslim local community. A
compromise was proposed which would have permitted the church
to build a two-story structure but was rejected by church
officials. The Government has limited the circulation of a
popular Malay-language translation of the Bible, and some
states restrict the use of religious terms by Christians in the
Malay language.
The Government permits but discourages conversion to religions
other than Islam. Some states have long proscribed by law
proselytizing of Muslims and other parts of the country
strongly discourage it as well. In a March 1990 decision, the
Supreme Court upheld the primacy of the Constitution over
inconsistent state laws by ruling that parents have the right
to determine the religion of their minor children under the age
of 18. The decision eased fears of the non-Muslim community
over state laws that in religious conversion cases set the age
of majority at puberty based on Islamic law.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Malaysians generally have the right to travel within the
country and live and work where they please, but the Government
restricts these rights in some circumstances. The states of
Sabah and Sarawak have the independent right to control
immigration into their territories; Malaysians from peninsular
west Malaysia and foreigners are required to present passports
or national identity cards for entry. The Government regulates
the internal movement of provisionally released ISA detainees.
It also limits the movement of some released ISA detainees to a
designated city or state (see Section 1.e.).
The Government generally does not restrict emigration.
Malaysians are free to travel abroad, although in some cases
the Government has refused to issue or has withheld passports
on security grounds or in the belief that the trip will be
detrimental to the country's image. Most government action is
taken because of suspected drug trafficking offenses or other
serious crimes. In an unprecedented move in August, the
Government revoked the passport of Al Arqam leader Ashaari
Muhammed and nine of his followers while Ashaari and his
followers were still residing in Thailand.
In July 1993, immigration authorities withdrew the passport of
a poet allegedly to prevent him from reading his poems, which
supported antilogging activities. Immigration authorities
returned his passport in late August 1993. Also in August
1993, the Immigration Department in the east Malaysian state of
Sarawak, on instructions from the Home Affairs Ministry,
confiscated the passport of a Sarawak native who was on his way
to an international conference of indigenous peoples. Two
other Sarawak natives who planned to attend conferences had
their passports confiscated in 1992; government authorities
still have not returned their passports.
Malaysians are not permitted to travel to Israel, and in June,
following a public outcry, the Government revoked the passport
of Tunku Abdullah, brother of the King of Malaysia, after
Abdullah made what was described as a "private business trip"
to Israel. Recently, however, the Government has loosened
travel restrictions for Malaysian pilgrims to visit Jerusalem.
According to a report by the Home Affairs Ministry, a total of
455,070 foreign workers were issued work permits as of June
1994. However, there may be up to 1 million foreign workers in
Malaysia, many illegal, who work in low-skill jobs in the
plantation and construction sectors of the economy. Although
some illegal workers ultimately are able to regularize their
immigration status, others depart voluntarily after a few
months, while some are formally deported as illegal migrants.
In 1992 the Government conducted a registration program
designed to regularize the immigration status of illegal
workers. After the registration program ended, however, the
Government launched combined police and military operations to
enforce immigration and passport laws. In 1994, more than
130,000 foreign workers were detained, of whom about 50,000
were deported. On March 27, Kuala Lumpur police conducted an
immigration roundup of some 1,000 Filipino maids at a prominent
Catholic cathedral just after mass. The roundup, which
included some persons producing valid residence and work
permits, led to strong protests from the Philippine Embassy.
In most cases the police released those detained within 24
hours.
In 1991 and 1992, separate groups of asylum seekers (totaling
approximately 300) from the Indonesian province of Aceh arrived
in northwestern Malaysia, allegedly fleeing violence stemming
from a separatist rebellion in Indonesia. These asylum seekers
requested refugee status, and their plight has received
attention by international and local human rights
organizations. Although the Government has refused to
recognize them as political refugees, in early 1994 it offered
to regularize the status of Acehnese in Malaysia and release
those being held in detention. The Government offer to those
in immigration facilities and to the group residing at the U.N.
High Commissioner for Refugees (UNHCR) compound included
promises of jobs on plantations and the same residency permits
enjoyed by other guest workers. The Acehnese rejected the
Malaysian offer, contending they were political refugees, not
economic migrants. As of December 20, 131 Acehnese were being
held in immigration detention facilities, and 53 were residing
at the UNHCR compound in Kuala Lumpur. The latter were part of
a group of Acehnese who took refuge in the UNHCR compound in
1992 demanding refugee status. Members of this group come and
go freely, although one has been detained. In 1994 there was
no evidence of forced repatriation of Acehnese although the
Government has offered to assist those who wish to return
voluntarily. According to government sources, approximately
163 Acehnese asylum seekers had returned home voluntarily as of
June 1993.
Having provided first asylum to more than 254,000 Vietnamese
boat refugees since 1975, the Government began to deny first
asylum to virtually all arriving Vietnamese in May 1989, in
contravention of its commitments under the Comprehensive Plan
of Action (CPA) on Indochinese refugees adopted in 1989. From
May 1989 to November 1993, Malaysia denied first asylum to
10,495 Vietnamese boat people, of whom all but 145 arrived in
1989-90. In late 1993 the Government reversed this policy and
permitted a boat carrying three Vietnamese asylum seekers to
land and be screened by the UNHCR for refugee status under
provisions of the CPA. In addition, four Vietnamese who had
arrived by land and were being held in immigration detention
facilities were transferred to the Sungei Besi refugee camp and
screened for refugee status. In 1994 the Government returned
to full compliance with first asylum provisions of the CPA. In
accordance with the CPA, Malaysia finished screening Vietnamese
boat people in its first-asylum camps. Final appeals were
reviewed in September. Malaysian military officers do the
screening, with legal consultants from the UNHCR present during
each interview. As of December 20, about 5,464 Vietnamese
remained in camps in Malaysia. The Government has reiterated
that it will not forcibly return screened-out asylum seekers
but will continue to urge voluntary repatriation. UNHCR
officials have praised the Government's treatment of Vietnamese
asylum seekers in Malaysia under provisions of the CPA.
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, which are procedurally free and
fair, with votes recorded accurately. In practice, however, it
is very difficult for opposition parties to compete on equal
terms with the governing coalition (which has held power at the
national level since 1957) because of some electoral
irregularities and legal restrictions on campaigning, as well
as restrictions on freedom of association and of the press.
Malaysia has a Westminster-style parliamentary system of
government. National elections, required at least every 5
years, have been held regularly since independence in 1957.
Through the UMNO, Malays dominate the ruling national front
coalition of ethnic-based parties that has controlled
Parliament since independence. Within the UMNO there is active
political debate.
Non-Malays fill 8 of the 25 cabinet posts. The Government
coalition currently controls 12 of 13 states. Ethnic Chinese
leaders of a member party of the government coalition hold
executive power in the state of Penang. An Islamic opposition
party controls the northern state of Kelantan.
Women face no legal limits on participation in government and
politics, but there are practical impediments. Women are
represented in senior leadership positions in the Government in
small numbers, including two cabinet-level ministers. Women
comprise approximately 6 percent (holding 11 seats out of 180)
of the elected lower house of Parliament and approximately 19
percent (13 seats out of 68) of the appointed upper house.
They also hold high-level judgeships.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
After a 2-year struggle for registration, the National Human
Rights Association, a local human rights society of prominent
Malaysians, began operating in 1991. This association publicly
criticizes the Government, although it does not investigate the
government except in response to individual complaints. It
seeks repeal of the ISA and is reviewing Kelantan's efforts to
impose Islamic restrictions in that state. A number of other
organizations, including the Bar Council and public interest
groups, devote attention to human rights activities. The
Government tolerates their activities but rarely responds to
their inquiries or occasional press statements. Malaysian
officials criticize local groups for collaborating with
international human rights organizations, representatives of
which have visited and traveled in Malaysia but rarely have
been given access to government officials. In 1992 a group
seeking to form a local chapter of a prominent international
human rights organization appealed a government rejection of
their application under the Societies Act. In 1993 the
Government rejected the appeal.
The Government has not acceded to any of the major
international treaties on human rights, generally maintaining
that such issues are internal matters. It rejects criticism of
its human rights record by international human rights
organizations and foreign governments. However, during 1993
and 1994, the Prime Minister and other cabinet officials were
vocal advocates of human rights with respect to Serbian
atrocities in Bosnia and Herzegovina.
Foreign government officials have discussed human rights with
their Malaysian counterparts, and private groups occasionally
have done so.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
The cultural and religious traditions of Malaysia's major
ethnic groups heavily influence the condition of women in
Malaysian society. In family and religious matters, Muslim
women are subject to Islamic law. Polygyny is allowed and
practiced to a limited degree, and inheritance law favors male
offspring and relatives. The Islamic Family Law was revised in
1989 to provide better protection for the property rights of
married Muslim women and to make more equitable a Muslim
woman's right to divorce.
Non-Muslim women are subject to civil law. Changes in the
Civil Marriage and Divorce Act in the early 1980's increased
protection of married women's rights, especially those married
under customary rites.
Nongovernmental organizations (NGO's) concerned about women's
issues push for legislative and social reforms to improve the
status of women. These groups raise issues such as violence
against women, trafficking in women and young girls, employment
opportunities with equal pay, and greater participation by
women in decisionmaking positions. Statistics on domestic
violence are sketchy, but government leaders have identified
domestic violence as a continuing social ill. The Government
is taking steps to address the problem. In May Parliament
passed the first domestic violence bill after 8 years of
lobbying by women's groups. It offers a broad definition of
domestic violence, gives powers to the courts to protect
victims, and provides for compensation and counseling for
victims. However, it fails to make an act of domestic violence
a criminal offense, and women's groups have criticized it on
those grounds. Those covered under the bill include a spouse,
former spouse, a child, an incapacitated adult, or any other
member of the family. Cases of wife beating or child abuse
normally are tried under provisions of the Penal Code governing
assault and battery, which carry penalties of 3 months to 1
year in prison and fines up to $300. Women's issues continued
to receive prominent coverage in public seminars and the media
in 1994.
Government policy supports women's full and equal participation
in education and the work force. Women are represented in
growing numbers in the professions, although their
participation as of 1990 in the administrative and managerial
occupations was less than 1 percent, and they generally receive
lower wages. In the scientific and medical fields, women now
make up more than half of all university graduates and the
total intake of women into universities increased from 29
percent in 1970 to 44 percent of the student population in
1990. The participation of women in the labor force increased
from 37 percent in 1970 to 47 percent in 1990, including a
tripling of the number of women involved in manufacturing.
In the opposition-controlled state of Kelantan, the state
government has imposed restrictions on all female workers,
including non-Muslims. Female workers cannot work at night and
are restricted in the dress they may wear in the workplace.
The state government justifies these restrictions as reflecting
Islamic values. Given Malaysia's federal structure of
government, there are no legal means, short of amending the
Constitution, by which the central Government can overturn such
state laws.
Children
The Government is committed to children's rights and welfare;
it spends roughly 20 percent of its current budget on
education. According to statistics publicized by the National
Unity and Social Development Ministry, 1,064 cases of child
abuse were reported in 1993. The Government has taken some
steps to deal with the problem. Parliament passed the
Children's Protection Act in 1991, effective in 1993. In 1994
public attention and debate on child abuse increased
significantly as Malaysia hosted the worldwide conference of
the International Society for the Prevention of Child Abuse and
Neglect. In 1994 Malaysian news media featured regular
reports, commentary, and graphic public service announcements
on these social problems.
Statistics on the extent of child prostitution are not
available, but women's organizations have highlighted the
problem of trafficking in underage girls. The Health Ministry
announced that it would work closely with the police to stamp
out child prostitution, and some brothel owners have been
prosecuted.
Indigenous People
Indigenous groups and persons are accorded the same
constitutional rights as the rest of the population, along with
the same limitations. In practice, federal laws pertaining to
indigenous people vest almost total power in the Minister of
National Unity and Social Development to protect, control, and
otherwise decide issues concerning them. As a result,
indigenous people have very little ability to participate in
decisions. State governments make decisions affecting land
rights in peninsular Malaysia. The law does not permit
indigenous persons (known as Orang Asli) in west Malaysia, who
have been granted land on a group basis, to own land on an
individual basis. In some cases, groups of Orang Asli have
applied for titles, but state authorities have not provided
them. Land disputes between Orang Asli and others resulted in
three people being killed in April 1993. In February 1994,
Orang Asli from Perak complained to their member of Parliament
about encroachment on their land.
In east Malaysia, although state law recognizes indigenous
people's right to land under "native customary rights," the
definition and extent of these lands are in dispute.
Indigenous people in the state of Sarawak continue to protest
the alleged encroachment by the State or private logging
companies onto land that they consider theirs by virtue of
customary rights. In Sarawak in 1992 the Government arrested
95 indigenous people who protested these alleged encroachments.
The protests and arrests continued in 1993, and, in January
1994, four persons were arrested in Sarawak for attempting to
stop a logging company from operating within what they claimed
was their native customary rights land area.
According to government figures, the indigenous people in
peninsular Malaysia, who number fewer than 100,000, are the
poorest group in Malaysia. However, according to Malaysian
government officials, Orang Asli are gradually catching up to
other Malaysians in their standard of living, and the
percentage of Orang Asli who were still leading a nomadic
lifestyle has dropped to 49 percent.
National/Racial/Ethnic Minorities
Ethnic minorities are represented in cabinet-level positions in
government, as well as in senior civil service positions.
Nevertheless, the political dominance of the Malay majority
means in practice that ethnic Malays hold the most powerful
senior leadership positions in government.
The Government implements extensive "affirmative action"
programs designed to boost the economic position of the ethnic
Malay majority, which remains poorer, on average, than the
Chinese minority despite the former's political dominance.
Such government affirmative action programs and policies do,
however, limit opportunities for non-Malays in higher
education, government employment, business permits and
licenses, and ownership of newly developed agricultural lands.
Indian Malaysians continue to lag behind in Malaysia's economic
development, although the national economic policies target
less advantaged populations regardless of ethnicity. These
programs, which have operated since the 1969 riots, are widely
credited with helping assure the generally strife-free ethnic
balance.
People with Disabilities
While the Government does not discriminate against physically
disabled persons in employment, education, and provision of
other state services, budgetary allotments for people with
disabilities are very small. Public transportation, public
buildings, and other facilities are not adapted to the needs of
the disabled, and the Government has not mandated accessibility
for the disabled, through legislation or otherwise. Special
education schools exist, but they are not sufficient to meet
needs.
Disabled persons work in all sectors of the economy, but the
prevalent feeling in society remains that disabled people
cannot work. In May the Government did take a major step to
acknowledge the rights of those with disabilities when the
Deputy Prime Minister signed the Economic and Social Commission
for Asia and the Pacific (ESCAP) Proclamation on Full
Participation and Equality of People with Disabilities in the
Asia and Pacific region. By signing this agreement, the
Government committed itself to implementing new policy
initiatives and actions aimed at systematically improving the
living conditions of people with disabilities.
The Government has sought to register those with disabilities
under four categories--blind, deaf, physical, mental--and by
May had identified 60,632 persons with disabilities. It is
estimated that there are 180,000 persons with disabilities in
Malaysia.
Section 6 Worker Rights
a. The Right of Association
By law most workers have the right to engage in trade union
activity, and 12 percent of the work force are members of trade
unions. Exceptions include certain limited categories of
workers labeled "confidential" and "superskilled," as well as
defense and police officials. Within certain limitations,
unions may organize workplaces, bargain collectively with
employers, and associate with national federations.
The Industrial Relations 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. The Trade Unions Act, however, 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 (DGTU) may refuse to register a trade union and, in some
circumstances, may also withdraw the registration of a trade
union. When registration has been refused, withdrawn, or
canceled, a trade union is considered an unlawful association.
The Government justifies its overall labor policies by positing
that a "social compact" exists wherein the Government,
employer, and worker are part of an overall effort to create
jobs, train workers, boost productivity and profitability, and
ultimately provide the resources necessary to fund human
resource development and a national social safety net.
Trade unions from different industries may join together in
national congresses, but must register as societies under the
Societies Act. Government policy discourages the formation of
national unions in the electronics sector; it believes
enterprise-level unions are more appropriate for this sector.
At year's end, there were six such enterprise-level unions
registered in the electronics industry (it takes only seven
workers to form a union) of which four were recognized through
elections in which they represented 50 percent plus 1 of the
workers, and two had collective bargaining agreements
negotiated with their employers. In one case in 1990, a
company dismissed all members of one of these unions. The
union charged the company with union-busting and wrongful
dismissal in industrial court. The case was filed in September
1990; the union appealed an industrial court decision of May
1994 (in favor of the company) to the High Court. The court
has set a hearing date for February 21, 1995. Restrictions on
freedom of association in the electronics industry have been
the subject of complaints to the ILO.
Unions maintain independence both from the Government and from
the political parties, but individual union members may belong
to political parties. Although union officers are forbidden to
hold principal offices in political parties, individual trade
union leaders have served in Parliament as opposition
politicians. Malaysian trade unions are free to associate with
national labor societies that exercise many of the
responsibilities of national labor unions, though they cannot
bargain for local unions. Enterprise unions also can associate
with international labor bodies and actively do so.
Although strikes are legal, the right to strike is severely
restricted. Malaysian 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. There were 18
strikes in 1993 resulting in a loss of 7,162-man days. Most of
the strikes (13) were in the plantation sector; only 3 strikes
took place in the manufacturing sector.
The Industrial Relations Act of 1967 requires the parties to
notify the Ministry of Human Resources that a dispute exists
before any industrial action (strike or lockout) may be taken.
The Ministry's Industrial Relations Department may then become
actively involved in conciliation efforts. If conciliation
fails to achieve a 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. According to 1994 data, the Industrial Court found for
labor in 62 percent of its cases and for management in 14
percent. The remaining 24 percent were settled out of court.
The Industrial Relations Act prohibits employers from taking
retribution against a worker for participating in the lawful
activities of a trade union. Where a strike is legal, these
provisions would prohibit employer retribution against strikers
and leaders. In the absence of any reports of employer
retribution, it is not possible to assess whether these
provisions are effectively enforced.
There are three national labor organizations currently
registered: one for public servants, one for teachers, and one
for employees of state-based textile and garment companies.
Public servants have the right to organize at the level of
ministries and departments. There are three national joint
councils representing management and professional civil
servants, technical employees, and nontechnical workers.
b. The Right to Organize and Bargain Collectively
Malaysian workers have the legal right to organize and bargain
collectively, and collective bargaining is widespread in those
sectors where labor is organized. Malaysian law prohibits
antiunion discrimination by employers against union members and
organizers, though some union leaders say the legal system is
not capable of dealing promptly and fairly with their
complaints. Charges of discrimination may be filed with the
Ministry of Human Resources or the Industrial Court. When
conciliation efforts by the Ministry of Human Resources fail,
critics say the Industrial Court is slow in adjudicating worker
complaints.
Companies in free trade zones (FTZ's) must observe labor
standards identical to those elsewhere in Malaysia. Many
workers at FTZ companies are organized, especially in the
textile and electrical products sectors. During 1993 the
Government proposed amendments to the Industrial Relations Act
to remove previous restrictions on concluding collective
agreements about terms and conditions of service in "pioneer
industries." Legislative concurrence, which had been expected
by year's end, did not take place because of other pressing
legislative initiatives. The Government took these measures in
part to respond to ILO criticism of its previous policy with
respect to pioneer industries. The ILO continues to object to
other legal restrictions on collective bargaining. Some labor
leaders criticized amendments to Malaysia's Labor Law in 1980,
designed to curb strikes, as an erosion of basic worker
rights. The labor critics contend that these changes do not
confirm to ILO standards.
c. Prohibition of Forced or Compulsory Labor
There is no evidence that forced or compulsory labor occurs.
In theory, certain Malaysian laws allow the use of
imprisonment, with compulsory labor as a punishment for persons
expressing views opposed to the established order or who
participate in strikes. The Government maintains that the
constitutional prohibition on forced or compulsory labor
renders these laws without effect.
d. Minimum Age for Employment of Children
The Children and Young Persons (Employment) Act of 1966
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 training institution, 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.
Ministry of Human Resources inspectors enforce these legal
provisions. In December a Japanese electronics firm was fined
$5,400 for violating the Children and Young Persons Act. This
was the first time a large firm has been fined under the Act.
According to credible reports, child labor is still prevalent
in certain sectors of the country, but not those which export
to the United States. A joint report by the International
Confederation of Free Trade Unions and the Asian and Pacific
Regional Organization put Malaysia's child work force at
75,000. In the last nationwide survey of child labor
undertaken in 1980, it was estimated that more than 73,400
children between the ages of 10 to 14 were employed
full-time. NGO surveys indicate that most child laborers are
employed on agricultural estates but there are indications that
some are being employed in small factories. Government
officials deny the existence of child labor and maintain that
child laborers have been replaced by foreign guest workers.
e. Acceptable Conditions of Work
Malaysia does not have a national minimum wage, but the Wage
Councils Act provides for a minimum wage in those sectors or
regions of the country where a need exists. Under the law,
workers in an industry who believe they need the protection of
a minimum wage may request that a "wage council" be
established. About 140,000 workers, or 2 percent of the over
7-million-member labor force, are covered by minimum wages set
by wage councils. Representatives from labor, management, and
the Government sit on the wage councils. The minimum wages set
by wage councils generally do not provide for an adequate
standard of living for a worker and family. However,
prevailing wages in Malaysia, even in the sectors covered by
wage councils, are higher than the minimum wages set by the
wage councils and do provide an adequate living.
Under the Employment Act of 1955, working hours may not exceed
8 hours per day or 44 hours per workweek of 5 1/2 days. Each
workweek must include one 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 enforces these standards, but a
shortage of inspectors precludes strict enforcement. In
October 1993, Parliament adopted a new Occupational Safety and
Health Act (OSHA) which covers all sectors of the economy,
except the maritime sector and the military. The Act
established a National Occupational Safety and Health Council,
composed of workers, employers, and government representatives,
to set policy and coordinate occupational safety and health
measures. It requires employers to identify risks and take
precautions, including providing safety training to workers,
and compels companies having more than 40 workers to establish
joint management-employee safety committees. The Act requires
workers to use safety equipment and to cooperate with employers
to create a safe, healthy workplace.
There are currently no specific statutory or regulatory
provisions which create a positive right for a worker to remove
himself or herself from dangerous workplace conditions without
arbitrary dismissal. Employers or employees violating the OSHA
are subject to substantial fines or imprisonment for up to 5
years.
Significant numbers of contract workers, including numerous
illegal immigrants from Indonesia, work on plantations.
Working conditions for these laborers compare poorly with those
of direct hire plantation workers, many of whom belong to the
National Union of Plantation Workers. Moreover, immigrant
workers in the construction and other sectors, particularly if
illegal entrants, may not have access to Malaysia's system of
labor adjudication. Government investigations into this
problem have resulted in a number of steps to eliminate the
abuse of contract labor. For example, in addition to expanding
programs to regularize the status of immigrant workers, the
Government investigates complaints of abuses, endeavors to
inform workers of their rights, encourages workers to come
forward with their complaints, and warns employers to end
abuses. Like other employers, labor contractors may be
prosecuted for violating Malaysia's labor laws. The Government
has taken action against labor contractors who violate the law,
and has assessed fines. The minimum fine currently assessed by
law is $8,000. In principle, serious violators can be jailed,
but, in practice, such punishments are rare.
(###)
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