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A. BACKGROUND AND FRAMEWORK

Consultation process

This report was prepared after a national consultation held on 17-18 July 2012 with
NGOs dealing with diverse human rights issues in Malaysia. 34 NGOs attended,
along with 1 representative each from the National Human Rights Commission of
Malaysia (SUHAKAM) and the ILO, and 2 from the United Nations.

The core members of COMANGO met a total of 4 times [check] after the
consultation to discuss the preparation of the report, and to plan pre- and post-UPR
review activities.

1. Scope of international obligations

1.1. Malaysia has acceded to only 3 of the core human rights treaties: CEDAW
with reservations on Articles 9(2), 16(1) (a), (c) to check (f), and (g), and a
declaration on Article 11; CRC with reservations on Articles 2, 7, 14, 28(1)(a),
and 37; and CRPD with reservations on Articles 15 and 18.

1.2. Malaysia has only acceded to 2 optional protocols, both under CRC.

Recommendations: [check against recommendations by other states and GoMs
commitments.]

1.3. Remove all reservations and declarations on CEDAW, CRC and CRPD.

1.4. Accede to ICCPR, ICESCR, ICERD, CAT, ICRMW, ICPPED and their
optional protocols, and the Rome Statute of the International Criminal Court.

2. Constitutional and legislative framework

2.1. The Federal Constitution (FC) is the supreme law of Malaysia. It is a
constitutional monarchy, with the Kings having largely ceremonial roles.
There are 9 sultans out of the 13 states in Malaysia. These 9 sultans take turns
to become the King, rotating once every 5 years.

2.3. Although Malaysia claims to subscribe to the doctrine of Separation of
Powers, the Executive is overwhelmingly dominant and powerful. This results
in a de facto parliamentary supremacy rather than a constitutional supremacy.
Laws are regularly passed with very short notice, no or very little consultation,
and hardly any debate in Parliament. These practices often result in laws
which are contrary to human rights e.g., the DNA Act 2009.

2.4. A Judicial Appointments Commission (J AC) was established on 2 February
2009 to ensure a more transparent and fair selection of judges and to make
recommendations about the judiciary.
1
Despite these measures, claims persist

1
JAC website: http://www.jac.gov.my/
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of corrupt judges who will fix cases when approached by lawyers who are part
of a Dream Team.
2


2.5. The Judicial Academy (J A) was established on 16 December 2011 to train
judges on certain matters. For the years 2012 and up until February 2013,
there were no sessions on human rights.
3


2.6. The Malaysia Law Reform Committee (MLRC) was established in December
2009 to review all laws to assess their relevance and to make
recommendations to the government for reform. To date, no reports have been
made public and its achievements are not known. No member of any NGO is
in its Steering Committee.
4


Recommendations: [check against recommendations by other states and GoMs
commitments.]

2.4. Train judges, other legal and judicial officers, and parliamentarians to increase
their understanding of human rights, especially in relation its application to
their work.

2.5. Publish annual reports on the work done by the JAC, JA and MLRC.

3. Institutional and human rights infrastructure and policy measures

3.1. SUHAKAM has retained its A status with the International Coordinating
Committee of National Institutions for the Promotion and Protection of
Human Rights (I CC) after amendments were made to the Human Rights
Commission of Malaysia Act 1999.
5
Now there is a selection committee that
makes recommendations on potential Commissioners. Commissioners are
appointed for a maximum of 2 3-year terms. The Commissioners appointed
after the amendments have shown more willingness to deal with controversial
issues e.g., on sexual orientation and gender identity (SOGI ) by initiating
dialogues with religious groups and other stakeholders, participate as
observers in BERSIH 2.0 and BERSIH 3.0 rallies, holding an on-going public

2
Rogue lawyers boast of connections with retired judges and being able to fix cases, The
Star, 5 February 2013 at:
http://thestar.com.my/news/story.asp?file=/2013/2/5/nation/12669727&sec=nation
3
For the 2012 planner, see:
http://www.jac.gov.my/index.php?option=com_content&view=article&id=245&Itemid=174
&lang=en For 2013 planner, see:
http://www.jac.gov.my/index.php?option=com_content&view=article&id=280&Itemid=173
&lang=en
4
MLRC website:
http://www.bheuu.gov.my/index.php?option=com_content&id=152&lang=en
5
Human Rights Commission of Malaysia (Amendment) Act 2009:
http://www.suhakam.org.my/c/document_library/get_file?p_l_id=35723&folderId=124309&
name=DLFE-7003.pdf and the Human Rights Commission of Malaysia (Amendment)
(Amendment) Act 2009:
http://www.suhakam.org.my/c/document_library/get_file?p_l_id=216838&folderId=216872
&name=DLFE-7708.pdf
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inquiry into the events of BERSIH 2.0, and appointing counsels to hold
watching briefs in workplace gender discrimination and child rights cases.

3.2. However, SUHAKAMs annual reports that are submitted to Parliament are
not debated.

3.3. Malaysias membership in the ASEAN Inter-governmental Commission on
Human Rights (AI CHR) and the ASEAN Commission on the Promotion and
Protection of Human Rights (ACWC) has not made ASEAN more human
rights friendly. ASEAN focuses on business and the economy. The selection
process for the AICHR representative was not open - no consultation was
carried out with the stakeholders before the appointment was made. At this
stage, its commitments to human rights in ASEAN are still largely only lip
service. The ASEAN Human Rights Declaration 2012 has further entrenched
the principles of non-interference and cultural relativism, and made the
nebulous issue of public morality important. There is also no mention of SOGI
rights or the rights of indigenous peoples.

Recommendations: [check against recommendations by other states and GoMs
commitments.]

3.4. Debate SUHAKAMs report in Parliament.

3.5. Review the ASEAN Charter, and the terms of reference of AICHR and
ACWC to give greater emphasis on the promotion, and especially the
protection and realisation of human rights.

3.6. Make the selection process of Malaysias representatives to AICHR and
ACWC open, and after holding meaningful consultations with NGOs.

B. COOPERATION WITH HUMAN RIGHTS MECHANISMS

4. Cooperation with treaty bodies

4.1. Malaysia has been reviewed by the CEDAW and CRC Committees only once
respectively despite their ratification in 1995. After those reviews, no further
reports were filed by Malaysia to the CEDAW and CRC Committees

4.2. The CEDAW & Malaysia: Malaysian NGOs Alternative Report was
prepared in April 2012 by womens groups, coordinated by the Womens Aid
Organisation, to share their concerns over the slow pace of the attainment of
substantive equality and in some instances, the roll-back in womens rights.
Key concerns include Malaysian womens inability to automatically confer
citizen on their children if they had non-citizen spouses and their children
were born abroad, the failure of the legal system to ensure that perpetrators of
violence against women are held accountable and sentenced appropriately, and
the discrimination faced by women, especially Muslim women, during
divorce.

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4.3. Malaysias implementation of the CEDAW Committees recommendations is
poor especially when they touch on matters which intersect with religion and
culture e.g., the requirement of the walis (guardian) consent for the
prospective bride even though she is an adult.

4.4. Two of the most important recommendations by the CRC Committee that
Malaysia has yet to implement are to:

4.4.1. undertake a review and reform of the plural legal systems, without
which inconsistencies in the definition of the child under national laws
remain, with multiple contradictory definitions of the child under both
civil and Syariah law; and

4.4.2. to accede to other human rights instruments, including ICRMW
otherwise it leaves refugee and asylum-seeking children with no
framework to protect their rights.



4.5. Malaysia has failed to submit any reports to the CRPD Committee, and so no
reviews have been conducted.

Recommendations: [check against recommendations by other states and GoMs
commitments.]

4.6. Strictly comply with the timelines for reporting to the CEDAW, CRA and
CRPD Committees.

4.7. Fully comply with the recommendations made by the CEDAW and CRC
Committees.

5. Cooperation with special procedures

5.1. Between 2009 and February 2013, Malaysia received ___ number of requests
from ___ to visit Malaysia officially. [Check]

5.2. Between 1 June 2011 to 31 May 2012, 10 communications were sent by the
Special Procedures on issues relating to freedom of expression and assembly,
human rights defenders, religious freedom, SOGI rights and indigenous
peoples. 4 communications were sent by the Special Procedures between 1
June 2012 to 31 November 2012 in relation to freedom of expression and
association and human rights defenders.

Recommendations: [check against recommendations by other states and GoMs
commitments.]

5.3. Issue an open invitation to all the Special Procedures.

5.4. Accept requests by special procedures when they seek to visit Malaysia.

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C. IMPLEMENTATION OF INTERNATIONAL HUMAN RIGHTS
OBLIGATIONS, TAKING INTO ACCOUNT APPLICABLE
INTERNATIONAL HUMANITARIAN LAW

6. Equality and non-discrimination

6.1. SOGI

6.1.1. Malaysia refuses to recognise SOGI rights as human rights and suspected
LGBTIQ children are targetted for discrimination and forced rehabilitation
e.g., boys who are perceived to be effiminate were sent to boot-camp. The
Prime Minister pledged to protect the sanctity of Islam and ensure that
liberalism, pluralism, deviant culture such as the practice of homosexuality
and being transgendered will have no place in Malaysia.

6.1.2. The Police banned the activities of Seksualiti Merdeka (SM) on 3 November
2011. They also questioned and recorded statements from individuals that they
deem linked to SM, annual event that sought to educate Malaysians on SOGI
rights. Among the 50 who were questioned were Seksualiti Merdeka organiser
Pang Khee Teik; Bar Council president Lim Chee Wee; Bersih 2.0
Chairperson S. Ambiga; Executive Director of EMPOWER (Secretariat of
BERSIH 2.0) Maria Chin Abdullah; and Executive Director of Tenaganita,
Irene Fernandez. Deputy Inspector-General of Police Khalid Abu Bakar
justified the police ban to the media by saying that ...anything to do with the
rights of lesbians and homosexuals is out (of the question), no way.... Even
though an application by the organisers of AM to the review the decision of
the Police was filed in the High Court, leave was not granted.

6.1.3. Former Prime Minister Tun Dr. Mahathir Mohamad had even implied that
minority groups who exercise their rights against the rights of the majority are
those who are insane and uncivilised.

6.1.4. The Deputy Education Minister had also publicly advised that it is best that
parents recognise symptoms of gay or lesbian orientation as it could be
effective in fighting against the unhealthy phenomenon among students. There
was also a manual published to identify the symptoms of gay and lesbian
orientation.

6.1.5. The government endorses and funds corrective programmes for LGBTIQ
people camps for effeminate boys, module to correct Mak Nyah
(transgendered women), and funds to train counsellors to be equipped to
conduct corrective counselling.

6.1.6. A musical, Asmara Songsang (Deviant Love),
1
was shown at the national
Istana Budaya (Palace of Culture) in Kuala Lumpur on 1-2 March 2013, and
will tour states in Malaysia after that. It negatively portrays the LBGTIQ
community and innuendoes are made against opposition political members. It
enjoys the support of the Information, Communications and Culture.


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6.2 Racism

The intertwining of the race and religion, especially those of Malays and Islam
has proven to be a powerful political tool for those who want to stay in power,
or to get in power. It is often used to discriminate against non-Malays, and
breeds disunity.

6.2.1. Incidents of teachers expressing racist sentiments to students are increasing
e.g., a principal of a school asked Chinese students to return to China, and
likened prayer strings used by Indians to dog leashes because it made them
look like dogs. No discernable actions were taken against the principal.

6.2.2. The Biro Tata Negara (National Civics Bureau) is an agency in the Prime
Ministers Department. Its objective is to nurture the spirit of patriotism and
commitment to excellence among Malaysians, and train leaders and future
leaders to support the nation's development efforts. However, there is real
concern that it is indoctrinating Ketuanan Melayu or racial supremacy
among Malaysian-Malays, and instilling hatred against Malaysian-Chinese.
2


6.2.3. Tanda Putera (Sign of a Prince) is a movie made in collaboration with the
National Film Development Corporation (FI NAS) and the Multimedia
Development Corporation (MDEC). They provided financing by using public
funds. It portrays a tumultuous period in Malaysian history arising from the
incidents around May 13 1969 where race and religion were politicised and
violence erupted in some parts of Malaysia. While the release of the movie
was postponed because of the potential unrest it may cause Malaysians just
before the 13
th
General Elections (which must be held no later than June
2013), the United Malays National Organisation (UMNO) screened it to
around 3000 Malay settlers on 18 February 2013.
3


6.2.4. 8TV, a national television channel had to withdraw a series of public service
messages during the Holy month of Ramadhan after complaints from viewers
of them being racist. The advertisements, targeted at mostly Chinese ethnic,
shown a Chinese girl who behaved rudely and inappropriately dressed (a vest-
top) and were told not to be loud and obnoxious and not to wear tight and
revealing clothes in a Malay area.

6.3. Non-citizen spouses

6.3.1. Thousands of non-citizen spouses face difficulties in obtaining legal basis to
remain and work in Malaysia, as well as in gaining permanent residence and
citizenship status. They are also required to pay higher fees (non-citizen rates)
for public services such as government hospitals and universities.

6.3.2. Non-citizen spouses do not have an automatic right to work. If they wish to
work, they can apply to the Immigration Department for an Employment Pass
on a Spouse Programme. However, they are only allowed to work for
employers with a paid-up capital of RM200,000 or more and are not allowed
to be self-employed. [Check]

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Recommendations: [check against recommendations by other states and GoMs
commitments.]


7. Right to life, liberty and security of the person

7.1. More deaths in custody and police shootings

7.1.1. Under the leadership of the new Inspector General of Police, Tan Sri Ismail
Omar and the supposed replacement watchdog for the Independent Police
Complaints and Misconducts Commission (IPCMC), the Enforcement
Agencies Integrity Commission (EAIC), deaths in custody, fatal police
shootings and violence against suspects continued unabated.

7.1.2. Official statistics for deaths in custody stood at 209 from 2000 to September
2012. From 2007 to 2012, a total of 228 non-citizens died in police lock-ups,
immigration depots and those who were referred to hospitals by the
authorities.

7.1.3. Official statistics on fatal shooting in 2012 indicated that a total of 298
individuals were shot dead from 2007 to August 2012. 37 deaths were
recorded for 2012 compared to 30 in 2011. The standard explanation for fatal
shootings was that the police were acting in self-defence.

Recommendations: [check against recommendations by other states and GoMs
commitments.]



8. Administration of justice, including impunity, and the rule of law

8.1. Ibrahim Ali has called on all Muslims to seize and burn copies of Bibles that
contain the word Allah and other Arabic verses. He justified the instigation
because it was the only way to stop non-Muslims from offending the religious
sensitivities of Muslims. Explaining further, he stated that this is the way to
show their anger against disrespect to the Muslims. The incident was a result
of an alleged distribution of Bibles to Muslim students at a school in Penang.
However, despite complaints made against him, the Attorney General had
refused to take action until any Bibles were burnt. No action was taken against
him despite his hate speech and incitement to violence.

8.2. Violence against women e.g., statutory rape is not treated with the gravity it
deserves. On 25 August 2012, the Court of Appeal substituted a lengthy jail
term with a good behaviour bond for five years on national bowler Noor
Afizal for the statutory rape of a 13-year-old girl when he was 19 because
there was no use of force. On 28 August 2012, the Sessions Court ordered
Chuah Guan Jiu to be bound over for three years on a RM25,000 good
behaviour bond for the statutory rape of a 12-year-old girl. He was then 21.

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8.2. On 9/11/2012, the nation was shocked by the news that three police officers
had gang-raped an Indonesian restaurant worker in Prai, Penang. The victim
was apprehended by the officers for purportedly not being able to produce her
passport despite showing them a photocopy of the same. She was taken back
to the police station in Prai where she was gang-raped in a separate room
before being sent back to her home in a police patrol car. The trio, Nik Sin
Mat Lazim, Syahiran Romly and Remmy Anak Dana claimed trial for charges
under S376 and S377C of the Penal Code. They were later released on bail for
RM25,000.00 each. It is worrisome that research in the northern state of
Penang shows that the conviction rate after a trial in a sexual crime is only
3%.


8.3. Questionable integrity and impartiality of the police

8.3.1. In late 2012, former Inspector General of Police, Musa Hassan revealed that
Home Minister Hishammuddin Hussein had once given instructions directly to
junior police officers and a district police chief without his knowledge. Musa
added that often, politicians and top people will interfere in polices work by
giving orders to immediately release certain individuals in certain cases. Musa
also claimed that crime statistics were often under-reported.

8.3.2. The EAIC, was established in April 2011. After 1 year into its operation, the
EAIC has only received a meagre 170 complaints with only 16 fully
investigated. The remaining complaints were either in preliminary
investigation stage or were referred to other relevant agencies for further
actions due to lack of jurisdiction.



Recommendations: [check against recommendations by other states and GoMs
commitments.]

8.4. Gender sensitise and conduct human rights training for the police, prosecutors,
and judges so that they can appreciate its relevance, and link it to their work.

8.5. Establish the IPCMC as an oversight body for the Police.


9. Right to privacy, marriage and family life



Recommendations: [check against recommendations by other states and GoMs
commitments.]



10. Freedom of religion or belief, expression, association and peaceful
assembly, and right to participate in in public and political life

10.1. Freedom of assembly
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10.1.1. The speedily passed Peaceful Assembly Act 2012 (PAA 2012) received its
Royal Assent on 30/1/2012 and was set to commence on 23/4/2012. Barely a
month after coming into effect, several individuals were charged under this
new law.

10.1.2. Anwar Ibrahim, Azmin Ali and Badrul Hisham Shaharin were charged under
S4(2)(c) of the PAA 2012 (violating Order and taking part in rally), S188
(breaching Magistrates Order) and S147 (abetting in rioting) of the Penal
Code.

10.1.3. The three were also alleged to have conspired with R. Tangam, G. Rajesh
Kumar and Farhan Ibrahim for incitement to breach the barricades set up at
Dataran Merdeka.

10.1.4. 5 individuals related to Suara Rakyat Malaysia (SUARAM) were investigated
under S9 of PAA 2012 for holding a press conference at the lobby of
Companies Commission of Malaysia in solidarity with other members of civil
society. They were the second batch of individuals to be hauled up for
questioning.

10.1.5. The Government also instituted a civil claiming damages against the Steering
Committee members of BERSIH 2.0 in relation to a sit-down protest held
nationally and globally on 28 April 2012. BERSIH 2.0 seeks electoral reform.
Their 8 demands are to clean the electoral roll, reform postal voting, use
indelible ink, to have a minimum campaign period of 21 days, free and fair
access to mainstream media, strengthen public institutions, stop corruption,
and stop dirty politics. By suing the steering committee of BERSIH 2.0, the
Government has violated fundamental liberties enshrined in the FC.

10.2. Freedom of Association

10.2.1. SUARAM faced an unprecedented barrage of intimidation and harassment
from the government and its agencies as a result of the Scorpene public
inquiry arising from SUARAMs complaint in Paris regarding the sale of
submarines, which was also associate with the murder of a Mongolian nation,
Ms Altantunya. On 1/7/2012, President of Jaringan Melayu Malaysia
(JMM), Azwanddin Hamzah urged SUARAM to clarify its status as an
NGO and to reveal its sources of funds locally and internationally. Two days
later, on 3/7/2012, Companies Commission of Malaysia (CCM) arrived at
SUARAMs doorsteps for a routine inspection.

10.2.2. The government-controlled mainstream newspapers, News Straits Times,
Berita Harian and Utusan Malaysia joined in this government chorus, accusing
SUARAM and other organisations including BERSIH 2.0, Malaysiakini and
Centre for Independent Journalism of being involved in a Zionist plot to
destabilise the government.

10.2.3. That first visit was the beginning of an interminable series of investigations of
SUARAM and other individuals deemed to be related to SUARAM by a
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government orchestrated task force consisting of the Companies Commission
Malaysia, Malaysian Communication and Multimedia Commission, Bank
Negara, Registrar of Societies, the Royal Malaysian Police and the Home
Ministry. This harassment has not ceased as at December 2012.

10.2.4. On 21 July 2011, the Minister of Home Affairs declared BERSIH an unlawful
association for want of registration with the Registrar of Societies in an
attempt to subvert the rally planned by BERSIH 2.0 on 9 July 2011. This
prompted BERSIH 2.0 to file a judicial of the Ministers decision. His
decision was declared by the High Court to be wrong and quashed on 24 July
2012.

10.3. Freedom of religion

10.3.1. The issue of the usage of Allah by The Herald - The Catholic Weekly had
sparked controversies nationwide. This was a result of the Home Ministers
decision to prohibit the use of Allah by the Catholic publication. A Judicial
Review was filed by the Archbishop of Kuala Lumpur Reverend Tan Sri
Murphy Pakiam on 16
th
February 2009 against the Home Minister for barring
the use of Allah as part of the conditions for getting a publishing permit for
the newletter. On 31
st
December 2009, High Court judge Datuk Lau Bee Lan
ruled that The Herald The Catholic Weekly had the constitutional rights to
use the word Allah under Articles 3 and 10 of the Federal Constitution. Her
Lordship went on to say that the respondents, the Home Minister and the
government had failed to prove how the word Allah could threaten national
security and hence declared that the prohibition order by the Home Minister as
illegal, null and void. However, the decision was stayed on 6/1/2010 after an
application by the Attorney General.

10.3.2. As a result of the High Court decision, ultra Malays pressure groups have
resorted to terrorist methods to attack churches throughout Malaysia. There
were at least eight churches were torched with petrol bombs, Molotov
cocktails and paint splash.

10.3.3. In March 2011, 5,100 Malay-language Bible had been stamped Al Kitab
Berita Baik ini Untuk Kegunaan Penganut Agama Kristian Sahaja and a
space for serial numbers on the cover of the bible without the consent of the
importer, Bible Society of Malaysia. The initial agreement between the Home
Ministry and the importer was only to include a cross and Penerbitan
Kristian on the cover.

10.3.4. In May 2011, Democratic Action Party (DAP) was implicated by Utusan
Malaysia to be involved in an alleged plot by Christian priests vowing to
replace Islam as the official religion of Malaysia. Jelutong MP Jeff Ooi who
was present at a Thanksgiving dinner in Penang was alleged to be supporting
the alleged plot where it was reported that 35 priests had vowed to make
Christian as the official religion of Malaysia and demand that the Prime
Minister of Malaysia shall be of the same faith.

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11
10.3.5. Perkasa chief, Ibrahim Ali, had warned of violence against Christian
community following allegations of the establishment of a Christian State.
Blaming Twitter, blogs and other social platforms, de facto Law Minister
Nazri Aziz justified that no actions will be taken against Ibrahim Ali because
doing so would amount to stifling of freedom of speech.

10.3.6. On 3 August 2011, acting on an undisclosed complaint, Selangor Islamic
Religious Department (J AI S) raided Damansara Utama Methodist Church
(DUMC) during a dinner organised by Harapan Komuniti at the Dream
Centre. About 20-30 JAIS and police officers had taken videos and
photographs at the event. JAIS officers had also ransacked garbage bins in the
church, looking for evidence of the alleged proselytization. Justifying the raid,
Selangor exco member in charge of Islamic affairs Hasan Ali said that the
search was conducted after a tip off that Muslims were attending a breaking
fast dinner in the church compound. He further claimed that the main
organiser of the dinner is believed to be a Muslim. Those involved in the event
can be charged under Section 10 of the Syariah Criminal Offences Enactment
1995 where the maximum penalty is 3 years imprisonment or RM5,000.00 in
fine or both.

10.3.10. In October 2011, a coalition of Malay NGOs including Perkasa had
organised an apolitical event Himpunan Sejuta Umat (Congregation of a
Million), at Shah Alam Stadium. However, speaker ustaz Azhar Yakob in his
speech stressed that freedom of religion in Article 3 of the Federal
Constitution must be interpreted through the lens of Islam as Islam is the
dominant religion. He was quoted as saying Article 3 provides that Islam
has supremacy. Non Muslims have privileges but it does not supersede the
supremacy of Islam. Himpun demands for an Anti-Apostasy and
Proselytisation Act.

10.3.11. Many believed that Article 3 of the Federal Constitution only provides
freedom of religion to non-Muslims. There is no freedom of religion for
Muslims: only the Sunni sect is permitted. A Muslim from another sect may
be labelled as deviant and action taken against them.
4


10.3.11. Other acts religious intolerance against other religions were also noted,
particularly the cow head incident and the dissolution of non-Muslim
religious clubs in schools such as Klang High School and SMK SS17 in
Subang Jaya, Selangor. There was a state education circular issued in 16
December 2000 which governs the timeline of existence of non-Muslim
religious clubs and the need to apply for permission from the state.


10.4. Media

10.4.1. Laws such as the Sedition Act are repeatedly used to censor dissenting opinion
or stop scrutiny on public interest issues pertaining to political figures in the
media especially on the internet. The amendment to S114 (a) Evidence Act
1950 fosters a climate of censorship under the guise of crime prevention
(especially against women), public safety or national security.
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12

10.4.2. There were several reports of police arresting, harassing, and inflicting
violence against journalists during the Bersih 3.0 rally on 28 April 2012. Koh
Jun Lin, a photojournalist with Malaysiakini, was arrested after taking photos
documenting alleged police violence against protesters. Radzi Razak, a
journalist with The Sun, was hospitalized for injuries sustained during an
attack by at least seven police personnel.



10.4.3. While the Government pledged to review printing presses laws, it is only
willing to repeal the need for annual permits, not the need for permits
altogether. This allows the Home Ministry to continue to threaten newspapers
with show-cause letters, influence or manipulate editorial decisions, on top of
directly or indirectly owning newspapers.



Recommendations: [check against recommendations by other states and GoMs
commitments.]

10.4.4. Amend Sections 211 and 233 of the Communications and Multimedia Act
1998 to make the terms more specific and include safeguards against abuse.

10.4.5. Withdraw the Evidence Amendment (No.2) Act 2012. Any limits imposed on
free expression online should be proportionate, specific, reasonable, and
minimally intrusive. In addition, they must be in compliance with the
international human rights framework, with adequate safeguards against
abuse.



10.4.6. Set up an independent body to substantively investigate reports of violence
against journalists by authorities. The Government must also ensure those
groups or individuals found to have wrongfully arrested, harassed, or harmed
journalists are rightfully punished.

10.5.7. Draw up an SOP on treatment of media by security authorities during protests
or any conflict situation, in consultation with journalist organisations, media
freedom interest groups and other NGOs and SUHAKAM.

10.5.8. Abolish the Printing Presses and Publications Act, Sedition Act, Official
Secrets Act, and criminal defamation which institutionalize state interference
in the press and undermine editorial independence

10.5.9. Encourage the setting up of an independent, voluntary self-regulation for
media rather than a statutory media council.

10.5.10.Amend the Election Laws to ensure fair access to media for all political
parties and plurality of voices during elections, including political
advertisements.





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11. Right to work and to just and favourable conditions of work

11.1. Domestic workers are defined as Servants, Helpers and Maids in the
Employment Act, not as employees.

11.2. Malaysia continues to institutionalise bonded labour by placing foreign
domestic workers in a trafficked situation when their wages are deducted for 6
9 months (debt bondage), isolated and confined with no day off.

11.3. The Employment Act 1955 discriminates against domestic workers in relation
to a number of rights, including the right to maternity benefits, rest days,
limited hours of work, holidays, as well as termination, layoff and retirement
benefits. Almost all domestic workers are women and so these practices are an
indirect discrimination against women. A large majority are non-citizens, and
so they face indirect discrimination, too.

11.4. Minimum wages of RM900 for Peninsular Malaysia, and RM800 for Sabah
and Sarawak came into force from 1 January 2013. Minimum wage is a basic
wage excluding overtime, existing allowances and other benefits. However, to
avoid paying minimum wages some employers include other benefits as part
of minimum wage. Some force workers to sign that they received minimum
wages, while actually paying them less.
6


Recommendations: [check against recommendations by other states and GoMs
commitments.]


12. Right to health

12.1. Non-citizens face discrimination with regard to access to health services
because they are required to pay foreigner rates at government hospitals. Non-
citizens in an irregular situation are also afraid of seeking medical treatment
for fear of arrest. At government hospitals, nurses report the presence of non-
citizens unable to provide valid identity documents. They are arrested upon
completion of treatment. Women and their newborn babies were arrested
immediately after delivery, denying them necessary post-natal care.

Recommendations: [check against recommendations by other states and GoMs
commitments.]

12.2. HIV/AIDS

12.2.1. There has been a declining budget allocation for NGOs to respond to HIV-
AIDS with prevention, support and care work. As a result, NGOs have
inadequate funding to respond to the epidemic. In 2012 and again in 2013,
there was no budget allocation for HIV/AIDS work for NGOs to conduct HIV
work among MSM. This is despite a sharp rise of HIV infection among MSM.
The VDTS Study in 2009 reported an incidence of 3.9% HIV prevalence

6
http://www.industriall-union.org/malaysia-minimum-wages-for-all
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14
among MSM. In the draft report on the IBBS 2012,an infection rate of 14%
was reported.

12.2.2. Sexual transmission has overtaken sharing needles to inject drugs as the main
mode of transmission since 2011, yet the budget allocation for NGOs has been
declining.

12.2.3. The state controlled media amplified the demonisation of the LGBT
community in 2011 and 2012 with the Prime Minister calling the LGBT
community as enemies of the state. This has made outreach work targeting
MSM and the transgendered more challenging.

Recommendations: [check against recommendations by other states and GoMs
commitments.]

12.3. Ensure that every person in Malaysia pays the same rate for medical care and
medicines.

12.4. Allocate sufficient funds to NGOs to do HIV-AIDS prevention, support and
care work.

13. Right to education

13.1. Asylum seeking children, refugee children, stateless children as well as
children of migrant workers were not given primary education in government
schools. With the exception of a small number of children who attend schools
operated by refugee/ migrant communities and NGOs, these children do not
have any access to education. These informal programmes are also not given
recognition by the Ministry of Education, and these children do not have
access to official exams.

13. Persons with disabilities

13.1. There is no single government agency that oversees all disability-related
issues, thus making it difficult for disability issues to be dealt with
comprehensively. The Persons with Disabilities Act 2008 does not provide for
any form of punishment or remedy for breaches. The Act does not ensure that
the persons with disabilities are not discriminated i.e education and
employment opportunities and providing amenities for persons with
disabilities.

13.2. Majority of public transportation in the country is not disabled-friendly and
some are dangerous to be used. Paltry financial aid and provision of monthly
allowance for unemployed persons with disabilities is still grossly inadequate.

14. Minorities and indigenous peoples

14.1. Indigenous peoples continue to suffer lack of recognition of their land rights,
culture and advancement. They are continuously subjected to forced
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15
relocation, and forced assimilation policies affecting their cultures and
religions without prior and informed consent, discussion and compensation.

14.2. Malaysia barely complies with the human rights standards for the protection of
indigenous peoples as stated in UNDRIP. A core principle of UNDRIP,
prior, free and informed consent is not adhered to in all development
policies affecting them.

14.3. The exclusion of marginalized groups in decision making process especially in
development matters denied them of their interests on ancestral lands and
outsiders were often selected as the community leader in the absence of an
independent selection of community leaders and self determination.

14.4. Government policies, especially in the last three years, are infringing on the
needs of indigenous communities. The Sabah Development Corridor (SDC)
aimed at making Sabah a developed state by 2025 was launched in January
2008 and focused on agriculture (mainly oil palm), tourism and manufacturing
in line with the State Development Agenda introduced in 2003 which aimed to
fast-track development in the whole nation to create a high-income economy
by 2020. The focus areas include palm oil, agriculture, tourism and oil, gas
and energy. These plans, most of which are large scale, have a negative impact
on the rights of indigenous people over land, and natural resources, further
eroding rights.

14.5. The Communal Titles were introduced in 2009 by the Sabah State
Government via the Land and Surveys Department. Participants were
required to plant oil palm and/or rubber, and only a very small portion of the
land is meant for the planting of food crops. Participants of the Communal
Title scheme must comply with regulations set by the Government, even if it
means planting crops that they are unfamiliar with, or cannot provide them
with daily meals. This is a point of concern as traditional economic ways of
life. Indigenous peoples find themselves at the losing end, and many may opt
to leave for towns to seek low-skilled, low-pay employment.

15. Migrants, refugees and asylum seekers

15.1. Malaysia is not party to Convention Relating to the Status of Refugees,
Protocol Relating to the Status of Refugees, International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their
Families,Convention relating to the Status of Stateless Persons and the
Convention on the Reduction of Statelessness International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their
Families, and the Protocol to Prevent, Suppress and Punish Trafficking in
Persons, especially Women and Children Supplementary to the United
Nations Convention against Transnational Organized Crime.

15.2. Malaysia persistently attempts to reduce the number of irregular migrants
through largescale crackdowns implemented by the Immigration Department
and RELA, which focus on arresting, punishing through fines,
imprisonment, and whipping and deporting irregular migrants under the
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7 March 2013
16
Immigration Act 1959/63. Official statistics revealed that a total of 35,000
non-citizens were whipped under S6(1) of the Immigration Act 1959/63 from
2005 to 2012. A total of 32,664 (93.3%) were found to have violated the
Immigration Act 1959/63 while the remaining 2,336 (6.7%) were found guilty
under the Penal Code, Dangerous Drugs Act 1952 and Drug Dependants
(Treatment and Rehabilitation) Act 1983.

15.3. The 6P Program governing undocumented migrants had ceased operation on
10/4/2012 after allegations of corruption. It was revealed that former Home
Minister and current MP for Kangar, Mohd Radzi Sheikh Ahmad were the
directors of SNT Universal Corporation Sdn Bhd, an agent appointed by the
government in the 6P Amnesty program. SNT had committed several offences
including collecting fees from non-citizens and falsely representing to the non-
citizens that it is able to register and obtain work permits for them from a
number of bogus employment agencies.

15.4. Conditions in police lock-ups and immigration detention depots remain
deplorable. Detainees have reported experiencing physical and sexual abuse,
overcrowding, poor sanitation, the lack of medical screening and treatment, as
well as insufficient food, access to clean water and bedding. These conditions
have resulted in the spread of communicable diseases and deaths.

15.5. There are no special legislative provisions regarding the administrative
detention of vulnerable groups, such as children, pregnant women, elderly,
and physically and mentally disabled persons.

15.6. Non-citizens were often induced to plead guilty, purportedly in their own
interest as trials often taken several months/years to be concluded during
which time the migrant workers pass may expire and deprive him/her of any
work opportunity. While they can apply for a Special Pass which provides
them with the right to residence for one month, these cost RM100.00, and in
practice, are renewed for up to 3 months. Unable to sustain themselves, many
non-citizens are forced to return home without obtaining effective redress.

16. Right to development and environmental issues

16.1. In 2010, United Nations have declared that access to safe drinking water and
sanitation are essential to the realization of all human rights.

According to the
Malaysian Environmental Quality Report 2011, out of 464 rivers monitored, a
total of 275 (59.3%) were found to be clean, 150 (32.3%) slightly polluted and
39 (8.4%) polluted. One of the main sources of pollution is ammonia nitrogen
originated from livestock farming and domestic sewage. We extract more than
82.5% of surface water (including river) for our drinking water supply. Some
incidents for example landfill leachate contamination
4
has caused the
shutdown of water treatment plant and cause water disruption to millions of
consumers.

16.2. Despite public protests and cases brought before the court, the Lynas
Advanced Materials Plant (LAMP) which refines rare earths from an
Australian company, has been built and is now operational. The most pressing
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17
concern is the risk of radioactive exposure, and other forms of environmental
damage.

16.3. Endangered species of animals continue to be caught, sold as food and
medicines, and are trafficked. In the period under review, there have been
some reports of serious ill-treatment of domesticated animals.

Recommendations: [check against recommendations by other states and GoMs
commitments.]

16.4. Enforce existing laws on the protection of environment and animals strictly.

16.5. Usage of gazetted water catchment areas must be strictly supervised and
actions taken to prosecute in the event of non-compliance.

16.6. Revoke the temporary operating licence of LAMP.

16.7. Pass the proposed Animal Welfare Bill.




1
Musical with negative portrayal of LGBT people tours Malaysia by Anna Leach in
GayStarNews on 18 February 2013. http://www.gaystarnews.com/article/musical-negative-
portrayal-lgbt-people-tours-malaysia180213
2
Pagar makan padi? by Tan Ban Cheng in ALIRAN, 16 January 2010
http://aliran.com/1108.html#more-1108
3
Controversial May 13 film Tanda Putera screened at FELDA meet in The Malaysian
Insider on 18 February 2013.
http://www.themalaysianinsider.com/malaysia/article/controversial-may-13-film-tanda-
putera-screened-at-felda-meet
4
In a Muslim State, Fear Sends Some Worship Underground by Liz Gooch in The New
York Times, 27 January 2011. https://www.nytimes.com/2011/01/28/world/asia/28iht-
malay28.html?pagewanted=all&_r=0