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Title: Malaysia Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
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. The ruling
coalition increased its majority in a general election held this year.
Opposition parties actively contest elections, although they now hold
only 18 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 bin Mohamad 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 and to impose long-term restrictions on movement
without due process hearings. The Government also limits judicial
independence and effectively restricts freedom of assembly and
association and of speech and the press. These restrictions make it
very difficult for opposition parties to compete on equal terms with the
long-ruling governing coalition. Religious minorities are subject to
some restrictions. Public awareness of serious problems such as
domestic violence against women and child abuse is increasing and the
Government is taking concrete steps to address them.
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 killings.
At least one person died while being investigated in police custody
during 1995. The deceased, who was a suspect in a burglary case, died
from injuries while in police detention. Although an official autopsy
report was not released, the suspect's death certificate listed the
cause of death as "hemorrhage caused by blunt trauma in most parts of
his body," raising suspicions of police brutality. The police Inspector
General ordered a full investigation of the case and promised to punish
those responsible for the death. He said he would take appropriate
measures even if the culprits were police officers. However, any action
that may have been taken was not made known to the public. The Attorney
General rejected the findings of the police investigation and ordered a
judicial inquiry. While human rights groups applauded the Attorney
General's decision as a positive step in combating a possible police
coverup, the deceased's attorney questioned the effectiveness of a
magistrate's inquiry which must to a large extent depend on the findings
of the police investigation. The judicial inquiry found 11 police
officers "criminally involved" in the death of the detainee. The
Attorney General is currently reviewing the findings of the inquiry to
determine whether there is sufficient evidence to bring criminal charges
against the officers.
Approximately 50 illegal aliens died from malnutrition and illness in
government detention centers during the year. The Government denies
that they were tortured, denied medical treatment, or held in inhumane
conditions (see Sections 1.c., 1.d. and 1.e.). The Government is
investigating these deaths.
b. Disappearance
There were no reports of politically motivated disappearances.
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 1995 (or in recent years) of
police officials being tried, convicted, and sentenced for abuse of
prisoners. The Government is investigating the 1995 death in custody of
a person who died due to "blunt trauma in most parts of his body," which
caused suspicions of police abuse (see Section 1.a.).
A number of law enforcement officials were arrested on narcotics related
charges. The Prisons Department revealed in the fall that at least 29
prisons officers were arrested for drug related activities during 1995.
Most recently, two officers were arrested in September for supplying
narcotics to inmates. The suspects are detained under the special
preventive measures section of the Dangerous Drugs Act and will be
"banished" for 2 years (see Section 1.d).
Malaysian criminal law prescribes caning as an additional punishment to
imprisonment for those convicted of crimes such as narcotics possession
as well as some nonviolent crimes such as criminal breach of trust.
Judges routinely include caning in sentencing those convicted of such
crimes as kidnapping, rape, and robbery. The caning, which is normally
carried out with a 1/2-inch thick wooden cane, commonly causes welts and
sometimes scarring.
Prison conditions generally meet international standards. Basic human
needs, including medical care, sanitation, nutrition, and family access,
are met. Overcrowding is a problem in some of the large prisons,
especially the Pudu prison in Kuala Lumpur. One large prison is under
construction in Kuala Lumpur, and additional prisons are contemplated
for other parts of the country. Prison guards have been accused and
convicted of criminal wrongdoing, mostly in nonviolent narcotics related
cases. However, there were no allegations of physical mistreatment of
prisoners by prison guards. "Security" prisoners (detainees under the
ISA) are detained in a separate detention center. Conditions there are
not significantly different from those of the regular prison population.
The Government does not permit visits by human rights monitors.
Approximately 50 illegal aliens died from malnutrition and illness in
government detention centers during the year. The Government denies
that they are kept in inhumane conditions (see Sections 1.a., 1.d., and
1.e.).
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, there are currently 2,291 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. According to the Home Affairs
Ministry, most of the detainees currently in custody under the ISA are
forgers. In 1995, 35 suspects, including three members of the UMNO and
two civil servants, were arrested under the ISA for allegedly issuing
Malaysian identity cards to illegal immigrants. Ten of the 35 suspects
have been placed in detention under the ISA. Others are still under
investigation.
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.
According to the Home Affairs Ministry, there were 34 ISA detainees at
year's end, up from 27 as of December 1994. Those released are 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.
Amendments to the ISA severely limit judicial review of detentions,
contravening international standards of due process. Opposition leaders
and human rights organizations continued to call on the Government to
repeal the ISA and other legislation that deprive people of the right to
defend themselves in court. Some officials suggested last year that the
Government was studying possibilities of making the ISA "less ominous."
The Deputy Home Minister announced in August 1995 that the Government
would examine the possibility of reducing the minimum detention period
to between 6 months and a year. However, the ISA remains intact to
date. Senior government officials continue to 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.
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." According to the Home Affairs Ministry in September, there
were 447 people in detention under the Emergency Ordinance, up from 200
people in 1994. 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, 1,810 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.
Immigration laws are used to detain possible illegal aliens without
trial or hearing. A large number of migrant workers who were unable to
prove their legal status have been placed in temporary detention under
immigration laws. The detainees are not accorded any administrative or
legal hearings and are released only after their employers prove their
legal status. Those who cannot prove their legal status are subject to
deportation. Approximately 50 detainees have died from malnutrition and
illnesses in the detention centers this year. Illegal aliens are kept
in detention centers which are different from prisons. Human rights
organizations and opposition leaders accused the authorities of
mistreatment and corruption and called for a thorough investigation.
The Government initially denied any wrongdoing and defended the need to
control the flow of illegal migrant workers. In response to wide public
criticism, however, the authorities agreed to conduct a thorough
investigation into the allegations as well as a defamation suit filed by
a local police chief against the nongovernmental organization (NGO) that
first exposed the problem. In the course of its investigation, the
Royal Malaysian Police "interrogated" and "harassed" the head of the
NGO, but there has been no movement in the defamation suit. The
Government also established an independent board to advise the Home
Affairs Ministry on issues related to migrant workers. NGO's report
that conditions in detention centers have marginally improved since the
allegations surfaced.
Law enforcement authorities also continued to utilize the Restricted
Residence Act to restrict movements of criminal suspects for an extended
period. The Act allows the Home Affairs Ministry to place criminal
suspects under restricted residence in a remote district away from home
for a period of 2 years. The Ministry is authorized to issue the
"banishment" orders without any judicial or administrative hearings. In
March several professional soccer players and coaches allegedly involved
in match fixing and bribery were "banished" under the Act. The
restricted residence practice violates due process and is viewed in the
same light as detention without trial. Human rights activists have
questioned the need for a law that was passed 60 years ago to deal with
gambling under very different circumstances and have called for its
repeal. In imposing the Act on the sports figures, however, the
Government justified the Act as an important and still necessary tool in
dealing with vice and gambling activities.
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. The Government has rejected an
unknown number of applications by former CPM members to return to
Malaysia.
The Inspector General of the Police announced in October that over 400
former communists have been "rehabilitated" by the Malaysian security
authorities and resettled in Malaysia since December 1989. 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.
Denial of Fair Public Trial
Malaysia's legal system is based on English common law. High Courts
have original jurisdiction over all criminal cases involving serious
crimes and most civil cases. Civil suits involving car accidents and
landlord-tenant disputes are heard by Sessions courts. Magistrate's
courts hear criminal cases in which the maximum term of sentence does
not exceed 12 months. The Court of Appeal has appellate jurisdiction
over High court and Session court decisions. The Federal Court hears
appeals of Court of Appeal decisions. Islamic religious laws
administered by state authorities through Islamic courts bind ethnic
Malays in some civil matters, such as family relations and diet.
The Malaysian judiciary has traditionally been regarded by the public
and the legal community as committed to the rule of law, and it 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.
With the appointment of a new Chief Justice last year, the relations
between the judiciary and the bar appeared headed for a more cordial and
effective partnership. However, following a series of questionable
election-related decisions and the controversial handling of a
celebrated commercial case this year, impartiality and independence of
the judiciary were again in the spotlight. The Bar Council issued
strong condemnations of the judiciary and of the Chief Justice. The
press gave wide and fair coverage to the debate. As the public debate
escalated, the Prime Minister advised the Bar Council and the judiciary
to work out the problems quietly and avoid press battles. The Bar
Council has vowed to stand firm in its push for an independent and
impartial judiciary.
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 10 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 in 1994 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. There were no cases involving this restriction in
1995.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The law provides for these rights and the government generally respects
them. 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 the 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.
Shortly before the general election, opposition member of the Parliament
Lim Guan Eng was charged with sedition and violation of the Publications
Act for making statements and distributing pamphlets regarding a rape
case in which the former Chief Minister of Malacca was a suspect. The
case against Lim is still pending, and the hearing is scheduled for next
year. Lim, who retained his seat in the general election, has argued
that the case against him is politically motivated.
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. 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.
Although there were no cases of denial of renewal requests this year,
the Government has in the past used this requirement to place
limitations on opposition and other publications critical of the
Government. The government ruling coalition's firm control of the press
was clearly evident during the general election. As opposition
candidates struggled to receive any coverage, the ruling coalition was
lauded in front page stories for the duration of the campaign period.
The Official Secrets Act is also sometimes used to restrict freedom of
the press. In April the police arrested two reporters for violation of
the Act for writing articles related to an ongoing investigation of a
criminal case. While the Government emphasized the importance of
journalists acting "within the law," the National Union of Journalists
criticized the arrest as a threat to freedom of the press. Pointing out
the dangers of abuse of the Act to restrict press freedom, the Bar
Council called for a review of certain provisions of the Act which grant
too much discretion to the authorities in classifying documents and deny
the judiciary power to review the classifications. The reporters were
released after a short period of detention.
In a positive development, authorities showed tolerance for television
and radio talk shows which air views critical of the Government. One
particular live television show in which panelists had expressed frank
views on various sensitive topics was allowed to remain on the air after
a contentious public debate. Government leaders agreed with the press
that exchanges of ideas should be encouraged and available to the
public.
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.
The Government generally respects academic freedom in the areas of
teaching and publication. Malaysian academics are often publicly
critical of the Government. However, there is a degree of self-
censorship among public university academics whose career advancement
and funding are prerogatives of the Government. Private institution
academics also practice a limited degree of self-censorship for fear
that the Government may revoke licenses for their institutions.
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 continued the policy during
the general election of 1995. However, both government and opposition
parties held large indoor political gatherings dubbed "discussion
sessions" during the campaign period. The ruling coalition also held
several large scale events which very much resembled political rallies
but were called something else and allowed.
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. These restrictions and the ban on
political rallies handicap the opposition's ability to campaign
effectively.
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. In
1994, 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 were arrested for being associated with the organization. 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. Human rights
organizations have called for a repeal of the Act on the grounds that it
inhibits free flow of ideas and exchange of views.
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.
Although there were no incidents of restrictions on religious sects in
1995, government authorities continued to emphasize the importance of
controlling "deviationist" groups. They warned that these groups will
not be allowed to take advantage of freedom of religion to spread
discord among the Malaysian people.
Although there were no reports of specific incidents in 1995,
allegations that some state governments are slow in approving building
permits for non-Muslim places of worship or land for cemeteries for non-
Muslims persisted. 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
Citizens 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;
citizens 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 also uses
the Restricted Residence Act to limit movements of those suspected of
gambling or vice activities (see Section 1.e.).
The Government generally does not restrict emigration. Citizens 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 last year,
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.
Citizens are not permitted to travel to Israel, and in 1994, following a
public outcry, the Government revoked the passport of Tunku Abdullah, a
member of the royal family, after Abdullah made what was described as a
"private business trip" to Israel. Recently, however, the Government
has loosened travel restrictions. Citizens are now permitted to travel
to Jerusalem for religious purposes.
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 over 1 million foreign workers in Malaysia, many illegally,
who work in low-skill jobs in the plantation, construction, and service
sectors of the economy. The Human Resources Ministry reports that as
many as 1.3 million foreign workers, both legal and illegal, are in the
country. It acknowledges that as many as 500,000 of those are here
illegally. 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, 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. Following a report of numerous deaths in the detention
centers, human rights groups and opposition politicians accused the
authorities of mistreatment and corruption and called for an independent
investigation (see Section 1.d.).
In 1991 and 1992 over 300 asylum seekers from the Indonesian province of
Aceh arrived in Malaysia, allegedly fleeing violence stemming from a
separatist rebellion in northern Sumatra. The Government refused to
recognize the Acehnese as political refugees. By mid-1993 approximately
163 Acehnese had returned voluntarily to Sumatra. In early 1994 the
Government offered to release those in detention, to provide all of the
Acehnese with work permits and to give them jobs on plantations. The
Acehnese rejected the Government's offer, contending they were not
economic migrants. Nevertheless, in mid-1995 the 131 Acehnese in
detention and the 51 who had obtained refuge in the compound of the U.N.
High Commissioner for Refugees (UNHCR) agreed to resolve the impasse by
accepting the Government's offer of work permits renewable on a yearly
basis along with the freedom to work in any sector.
Having provided first asylum to more than 254,000 Vietnamese boat
refugees since 1975, the Government began in May 1989 to deny, in
contravention of its commitments under the Comprehensive Plan of Action
(CPA), first asylum to virtually all arriving Vietnamese. Between May
1989 and November 1993 Malaysia denied first asylum to over 10,000
Vietnamese. However, in late 1993 the Government reversed its policy,
and throughout 1994 and 1995 it fully complied with the CPA's first
asylum provisions. Military officers conducted the screening of the
applicants for refugee status, with legal consultants from the UNHCR
present during each interview. Final appeals were reviewed in late
1994. Between March 1989 and December 4, 1995, 9,635 Vietnamese were
granted refugee status to settle in the United States. During the same
period, 4,747 returned voluntarily to Vietnam, including 626 in 1995.
Voluntary returns to Vietnam slowed to a trickle in the second half of
1995. The Government declared that Malaysia would use its bilateral
orderly return program with Vietnam to repatriate all the remaining
Vietnamese asylum seekers by December 31, 1995. However, the Government
was not able to persuade the Vietnamese Government to accept large
numbers of screened out asylum seekers. As of December 4, 1995, 4,406
Vietnamese asylum seekers remained in the camps, of whom 94 have been
approved for resettlement in a third country; another 39 Khmers also
remained.
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.
Nevertheless, opposition candidates campaign actively and admit that the
voting and counting of votes are relatively free.
Following the 1995 general election, courts issued several controversial
decisions on election-related disputes which the opposition argued were
motivated by "political" mandates of the ruling coalition. In one
instance, the court overturned an election result and awarded the seat
to the ruling party candidate, who had lost the election to an
opposition incumbent. In doing so, the court overturned an election
commission decision that the opposition candidate was qualified to run
despite a judgment against him in an unrelated case. The opposition
argued that since the election itself was conducted without fraud, a new
election should be called. However, the court ruled that the seat
belonged to the losing candidate because the winner should not have been
allowed to run in the first place. The decision awards to the ruling
party a seat that has been traditionally held by the opposition, and the
ruling has been criticized as an unfair political judgment.
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. A general election was held this
year in accordance with the 5-year rule. The ruling coalition won an
overwhelming victory, increasing its majority in the Parliament to 82
percent. 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.
The Parliament passed amendments to its rules in October which
strengthen the power of the speaker and which curb parliamentary
procedures heavily used by the opposition. The amendments empower the
speaker to ban obstreperous opposition Members of Parliament (M.P.'s)
for up to 10 days, imposed limits on the ability of M.P.'s to pose
supplementary questions and revisit nongermane issues, and establish
restrictions on the tabling of questions of public importance. The
amendments reduce substantially the opposition's scope to criticize the
Government in Parliament.
A new cabinet position was created after the election, and non-Malays
now fill 7 of the 26 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 7.8 percent
(holding 15 seats out of 192) of the elected lower house of Parliament
and approximately 19 percent (13 seats out of 69) 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. 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 its application
under the Societies Act. In 1993 the Government rejected the appeal.
NGO's are becoming increasingly active and critical of the Government.
Although the Government did not place any restrictions on their
activities in 1995, government authorities highlighted allegations of
abuses by NGO's and hinted that they may need to be more closely
monitored.
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.
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
The Federal Constitution of Malaysia provides for equal protection of
the law and prohibits discrimination against citizens on the basis of
religion, race, descent or place of birth. Although neither the
constitution nor laws explicitly prohibit discrimination on the basis of
sex or disabilities, the government has made efforts to eliminate
discrimination against women and the disabled. Despite the
constitutional prohibition against discrimination on the basis of
religion or race, government policies include affirmative action
programs for bumiputras (i.e., Malays and Muslims).
Women
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 1994 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 1995.
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.
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 1993 women still occupied only
about 1 percent of administrative and managerial positions. 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 half of the student population in
1995. The participation of women in the labor force increased from 37
percent in 1970 to 48 percent in 1994, 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. A court decision applies only to the facts of the particular
case. However, it is conceivable that if someone were to challenge
Kelantan's restrictions in court, the court might use the same line of
reasoning to deal with the restrictions.
Children
The Government is committed to childrens' 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, 1,075 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
1995 the Law Minister announced that the Government was considering
imposing a mandatory death sentence for those found guilty of child
abuse which resulted in death. Public and government awareness of child
abuse and children's rights continued to increase as the press and NGO's
devoted more attention to the issue.
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.
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. The Government, however, appears to be becoming more
sensitive to the needs of physically disabled. In August the
Transportation Minister announced that new commuter trains will be made
wheelchair accessible. The Government also provides incentives for
employers to offer employment opportunities for the disabled.
Disabled persons work in all sectors of the economy, but the prevalent
feeling in society remains that disabled people cannot work. In 1994
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 as of June, 1995, has
registered 55,673 persons with disabilities in peninsular Malaysia.
NGO's estimate that there are at least 200,000 persons with disabilities
in Malaysia.
Indigenous People
Indigenous groups and persons enjoy 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. Although not publicized
widely, the problem of land disputes between Orang Asli and others
persist.
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 continued to protest the
alleged encroachment by the State or private logging companies onto land
that they consider theirs by virtue of customary rights. Revival of a
large dam project (Bakun Dam) in Sarawak, which will involve
resettlement of a large number of residents in the area, has raised
several controversial questions regarding land disputes as well as
potential environmental problems.
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 less than 40 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 to
ensure the generally strife-free ethnic balance.
Section 6 Worker Rights
a. The Right of Association
By law most workers have the right to engage in trade union activity,
and approximately 10 percent of the work force are members of trade
unions. Exceptions include certain limited categories of workers
labeled "confidential" and "managerial and executives," 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; the Government 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. On August 8, the
High Court reversed the decision of the industrial court and ordered a
new hearing in the lower court. Restrictions on freedom of association
in the electronics industry have been the subject of complaints to the
ILO. In July 1995, in a case involving the Metal Industry Workers
Union, the Ministry of Human Resources went to court to force an
employer to disclose information necessary to resolve a claim of
recognition--the first action of its kind.
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. Trade unions are free to
associate with national labor societies that exercise many of the
responsibilities of national labor unions, although they cannot bargain
for local unions. Enterprise unions also can associate with
international labor bodies and actively do so.
Relations between the Government and the Malaysian Trade Union Congress
(MTUC), the leading labor center, have never been warm, but there have
been periods of closer cooperation and less overt antagonism. Relations
reached a low point when MTUC President Zainal Rampak and former MTUC
Secretary General Dr. V. David were arrested and charged in October 1994
with criminal breach of trust along with two other union leaders. Some
groups claimed that the fact of the arrests (based on events in the
1980s) and the high bail amount (close to $200,000 for a violation
involving some $4,000) were an attempt to keep Rampak from attending and
raising controversial issues in international labor forums, such as the
International Labor Organization (ILO). This concern was allayed when
Rampak, whose passport had been seized by the authorities, was given
permission to travel to Geneva. The trial, which was set for May 1995,
was postponed to November when David was unable to make a court
appearance due to illness. They appeared in the Sessions court on
November 21 and pled not guilty to the original charges as well as
additional charges of criminal breach of trust involving over $30,000.
Next hearings are set for May 1996. MTUC and international observers
continue to be concerned about the outcome of this trial.
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. There were 15
strikes in 1994 resulting in a loss of 5,675 man-days. A majority of
the strikes (7) were in the plantation sector. Six strikes took place
in the manufacturing sector, double the number for previous year.
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. Figures for
1995 were not available. 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. Although
some trade unions question their effectiveness, it is not possible to
assess fully whether these provisions are being effectively enforced,
given the limited number of cases of alleged retribution.
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
Workers have the legal right to organize and bargain collectively, and
collective bargaining is widespread in those sectors where labor is
organized. The law prohibits antiunion discrimination by employers
against union members and organizers. In one case, the industrial court
ordered a Japanese maker of electronic watch components to reinstate an
employee who had been unfairly dismissed for his involvement in trade
union activities. To date, the company has failed to implement the
order, leading some union leaders to say that 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." Legislation to address this issue was introduced and
subsequently withdrawn in late 1994 by the Ministry of Human Resources
to take into account other developments in the labor sector. Government
plans to reintroduce such legislation in 1995 did not materialize. 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 the Labor Law
in 1980, designed to curb strikes, as an erosion of basic worker rights.
The labor critics contend that these changes do not conform to ILO
standards.
c. Prohibition of Forced or Compulsory Labor
There is no evidence that forced or compulsory labor occurs. In theory,
certain 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 1994, a Japanese electronics firm was fined $5,400 for
violating the Children and Young Persons Act. This was the first time
that a large firm has been fined under the Act.
According to credible reports, child labor is still prevalent in certain
sectors of the country. 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. However,
government officials maintain that the figure is outdated as it was
based on a nationwide survey of child labor undertaken in 1980, which
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 do not deny
the existence of child labor but maintain that child laborers have
largely been replaced by foreign guest workers and that the Government
vigorously enforces child labor provisions.
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 that 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 48 hours per workweek of 6 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. Trade unions maintain that relatively few committees
have been established and even in cases where they exist that they meet
infrequently and are generally ineffective.
There are currently no specific statutory or regulatory provisions which
create a positive right for workers to remove themselves 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 and in other sectors.
Working conditions on plantations 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 they are illegal
entrants, generally do 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. In August the Federal Government banned
employment agencies from recruiting foreign workers in certain sectors
and froze the entry of workers from Bangladesh. These actions were
taken in response to allegations of abuse and exploitation of foreign
workers by employees, agencies, and by police officers at the various
detention centers around the country. The Government has admitted that
approximately 50 foreign workers have died while in detention but
vigorously denies allegations by NGO's that detainees are tortured, are
living in inhumane conditions and are not given proper medical care.
The Government is investigating these allegations and has issued new
guidelines on foreign worker recruitment. 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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