TITLE: MALAYSIA HUMAN RIGHTS PRACTICES, 1994 AUTHOR: U.S. DEPARTMENT OF STATE DATE: FEBRUARY 1995 MALAYSIA Malaysia is a federation of 13 states with a parliamentary system of government based on periodic multiparty elections but in which the ruling National Front coalition has held power since 1957. Opposition parties actively contest elections, although they hold only 21 percent of the seats in the Federal Parliament; an opposition party currently controls one state government. There is political competition within the United Malays National Organization (UMNO), the major party in the coalition. The Government asserts that internal security laws allowing preventive detention (and arrests under such laws) are required owing to Malaysia's "sensitive social balance," the need to ensure that the peace and stability of the country are protected, and concern about endemic narcotics trafficking problems. However, the Government also has used these laws more broadly to detain persons when available evidence is insufficient to bring formal charges under the Criminal Code, as well as to detain political opponents. The existence of these laws serves to inhibit effective opposition to government policies. The Royal Malaysian Police has primary responsibility for internal security matters; it reports to the Minister of Home Affairs. Prime Minister Mahathir also holds the Home Affairs portfolio. There continued to be some credible reports of mistreatment of prisoners and detainees by the police and prison officials. Rapidly expanding exports of manufactured goods, especially in the electronics sector, account for much of the country's economic growth. Crude oil exports and traditional commodities (tropical timber, palm oil, rubber) add to Malaysia's trade revenues. Strong economic performance in recent years has led to significant reductions in poverty, improved standards of living, and more equal income distribution. While there is an efficient system of justice based on common law principles, the Government continues arbitrarily to arrest and detain citizens without trial. The Government also limits judicial independence and effectively restricts freedom of association and of the press. These restrictions make it very difficult for opposition parties to compete on equal terms with the long-ruling governing coalition. Domestic violence against women is a serious problem, which the Government is taking steps to address. RESPECT FOR HUMAN RIGHTS Section 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial Killing There were no reports of political or other extrajudicial killings by the Government or any other political organization. b. Disappearance There were no reports of disappearances attributable to the Government or any other political organization. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment There continue to be instances of police officers abusing criminal suspects during interrogation, including strong psychological pressure and sometimes physical abuse. In some cases, government authorities have investigated police officials for such abuses, but because they refuse to release information on the results of the investigations, it cannot be determined whether those responsible for such abuses are punished. There were no known instances in 1994 (or in recent years) of police officials being tried, convicted, and sentenced for abuse of prisoners. Malaysian criminal law prescribes caning as an additional punishment to imprisonment for those convicted of crimes such as narcotics possession. Judges routinely include caning in sentencing those convicted of such crimes as kidnaping, rape, and robbery. The caning, which is normally carried out with a 1/2-inch thick wooden cane, commonly causes welts and sometimes scarring. d. Arbitrary Arrest, Detention, or Exile Three laws permit the Government to detain suspects without judicial review or filing formal charges: the 1960 Internal Security Act (ISA), the Emergency (Public Order and Prevention of Crime) Ordinance of 1969, and the Dangerous Drugs Act of 1985. The Government continued to use long-term detentions without trial in cases alleged to involve national security, as well as in narcotics trafficking and other cases. According to the Home Affairs Ministry, as of December, there were 4,115 people being detained without trial; most of those detainees are being held under the Dangerous Drugs Act. Passed more than 30 years ago when there was an active Communist insurgency, the ISA empowers the police to hold any person who may act "in a manner prejudicial to the security of Malaysia" for up to 60 days. According to the Government, the goal of the ISA is to control internal subversion, although there is now no serious threat to national stability in Malaysia. The Government also uses the ISA against passport and identity card forgers, 20 of whom were being held as of December 20. Security authorities sometimes wait several days after a detention before informing the detainee's family. The Minister of Home Affairs may authorize, in writing, further indefinite detention for periods of up to 2 years. Even when there are no formal charges, the authorities must inform detainees of the accusations against them and permit them to appeal to an advisory board for review every 6 months. Advisory board decisions and recommendations, however, are not binding on the Home Affairs Minister, are not made public, and are often not shown to the detainee. A number of ISA detainees have refused to participate in the review process under these circumstances. The Home Affairs Ministry reported in December that there were 27 ISA detainees at that time, down from 51 as of July 1993. The Government released approximately 27 former detainees subject to "imposed restricted conditions," which will be in effect for the balance of their detention periods. These conditions limit their rights to freedom of speech, association, and travel outside the country. On September 2, the Government detained under the ISA nine members of the banned Al Arqam Islamic movement, including the Islamic sect's leader, Ashaari Muhammed. The Government said it took these actions on the grounds that Al Arqam posed a threat to national security, although it presented no credible evidence of this. On October 20, after 50 days in ISA detention by the Special Branch, Ashaari recanted his beliefs in a 2 1/2-hour government-televised discussion with Islamic leaders and confessed to propagating teachings and practices which deviated from true Islam. Since founding Al Arqam in 1968, Ashaari had been vigorously expounding these views for over 25 years at the time of his recantation. During the televised confession, Ashaari appeared to have lost weight, and his head and beard had been shaved. Ashaari and five of his followers were freed on October 28 and Ashaari visited the Al Arqam commune at Sungai Pencala the next day to meet with his followers. He told his followers that his October 20 confession had been "voluntary." Ashaari remains under restricted residence, and his movements are limited to Kuala Lumpur and the surrounding state of Selangor. In January the Government lifted restricted residence conditions for six persons, including the brother of the then chief minister of the east Malaysian state of Sabah, who had been detained under the ISA in 1990 and 1991 for alleged involvement in a secessionist plot. They had been released in 1993, but their movements were restricted. Amendments to the ISA severely limit judicial review of detentions, contravening international standards of due process. During 1994 opposition leaders and human rights organizations called on the Government to repeal the ISA and other legislation that deprive people of the right to defend themselves in court. Some officials also have suggested that amendments are warranted, but senior government officials insist that the ISA in its present form continues to be necessary to preserve peace and harmony in a multiracial society, without explaining convincingly why reliance on the criminal law and the courts would seriously impair peace and harmony. In May the Prime Minister, while not dismissing the possibility that some provisions of the ISA could be amended, said that the ISA could not be repealed as it was still needed under certain circumstances. The Emergency (Public Order and Prevention of Crime) Ordinance was instituted after intercommunal riots in 1969. Although Parliament regained its legislative power in 1971, the Government has never lifted the state of emergency declared at the time of the riots. The Home Affairs Minister can issue a detention order for up to 2 years against a person if he deems it necessary to protect public order or for the "suppression of violence or the prevention of crimes involving violence." The Home Affairs Ministry in December said there were 200 people in detention under the Emergency Ordinance, up from 93 people in 1993. Local human rights organizations accept this figure as accurate. Provisions of the 1985 amendments to the Dangerous Drugs Act give the Government specific power to detain suspected drug traffickers. The suspects may be held up to 39 days before the Home Affairs Minister must issue a detention order. Once the Ministry has issued an order, the detainee is entitled to a habeas corpus hearing before a court. In some instances, the judge may order the detainee's release. Suspects may be held without charge for successive 2-year intervals, with periodic review by an advisory board, whose opinion is binding on the Home Affairs Minister. However, the review process contains none of the due process rights that a defendant would have in a court proceeding. As of December 20, approximately 3,888 drug suspects remained under detention or under restrictions equivalent to house arrest under this statute. The police frequently rearrest suspected narcotics traffickers and firearms offenders under the preventive measures clauses of the Dangerous Drugs Act or the ISA after an acquittal in court on formal charges under separate provisions of those acts. A 1989 peace agreement allows members of the Communist Party of Malaya (CPM) to return to Malaysia. According to the Government, the agreement stipulates that they satisfy certain conditions, including taking a loyalty oath "to king and country" and renouncing the CPM in writing. Since 1989 more than 650 former CPM members have applied to return to Malaysia under the agreement. Sixty-six subsequently withdrew their applications because they objected to the conditions imposed by the Government on their repatriation. In 1994, 50 to 80 former CPM members returned to Malaysia, including a prominent member of the CPM's Central Committee who returned after spending 30 years in exile. The Government has rejected an unknown number of applications by former CPM members to return to Malaysia. Since December 1989, 338 former Communists and 50 dependents have been "rehabilitated" by the Malaysian security authorities and resettled in Malaysia. This rehabilitation consists of detention without trial under the ISA at the Kamunting Detention Center in Perak state. In addition, rehabilitated former CPM members who have reintegrated into Malaysian society are restricted to certain areas where security authorities watch them carefully for up to 6 years. These rehabilitated persons cannot resume full participation in Malaysia's political life until this period of surveillance demonstrates to the satisfaction of the police that they have abandoned their former ideology. In November former student leader Hishamuddin Rais ended 20 years of exile in England and returned to Malaysia. Hishamuddin was questioned by police for several days after his return to Malaysia and was released and issued a new identity card and passport. The former student activist did not discount the possibility of entering national politics. e. Denial of Fair Public Trial Most civil and criminal cases are fair and open. The accused must be brought before a judge within 24 hours of arrest, and charges must be levied within 14 days. Defendants have the right to counsel, bail is available, and strict rules of evidence apply in court. Defendants may appeal court decisions to higher courts and, in criminal cases, may also appeal for clemency to the King or local state rulers as appropriate. All criminal trials, including murder trials, are heard by a single judge. Parliament voted on December 21 to amend the Criminal Procedure Code by abolishing jury trials in death penalty cases. Human rights organizations and the Bar Council have complained that they were not consulted by the Government prior to tabling this amendment. The defense in both ordinary criminal cases and the special security cases described below is not entitled to a statement of evidence before the trial. The right to a fair trial is restricted in criminal cases in which the Attorney General invokes the Essential (Security Cases) Regulations of 1975. These regulations governing trial procedure normally apply only in firearms cases. In cases tried under these regulations, the standards for accepting self-incriminating statements by defendants as evidence are less stringent than in normal criminal cases. Also, the authorities may hold the accused for an unspecified period of time before making formal charges. The Attorney General has the authority to invoke these regulations in other criminal cases if the Government determines that the crime involves national security considerations, but such cases are rare. The Malaysian judiciary has traditionally been regarded by the public and the legal community as committed to the rule of law and has ruled against the Government in some politically sensitive cases. However, the Government's 1988 dismissal of the Supreme Court Lord President and two other justices, along with a constitutional amendment and legislation restricting judicial review, has undermined judicial independence and strengthened executive influence over the judiciary in politically sensitive cases. These developments created the possibility that Malaysians who might otherwise seek legal remedies against government actions would be reluctant to do so and have resulted in less willingness by the courts to challenge the Government's legal interpretations in politically sensitive cases. f. Arbitrary Interference with Privacy, Family, Home, or Correspondence These rights are normally respected and protected by law. Provisions in the security legislation (see Section 1.d.), however, allow the police to enter and search without a warrant the homes of persons suspected of threatening national security. Police may also confiscate evidence under these acts. In some cases each year, police have used this legal authority to search homes and offices, seize books and papers, monitor conversations, and take people into custody without a warrant. Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and Press Although the Constitution provides for freedom of speech and press, some important limitations exist, and over the years the Government has restricted freedom of expression of media organizations and individuals. The Constitution provides that freedom of speech may be restricted by legislation "in the interest of security...(or) public order." Thus, the Sedition Act Amendments of 1970 prohibit public comment on issues defined as sensitive, such as citizenship rights for non-Malays and the special position of Malays in society. The Government has not brought charges under the Sedition Act since 1986, when a trial court acquitted a former president of the Bar Council. The Printing Presses and Publications Act of 1984 contains important limitations on press freedom. Domestic and foreign publications must apply annually to the Government for a permit. The Act was amended in 1987 to make the publication of "malicious news" a punishable offense, expand the Government's power to ban or restrict publications, and prohibit court challenges to suspension or revocation of publication permits. In December the authorities detained six local leaders of the opposition Democratic Action Party under the Printing Presses Act for distributing pamphlets without permission. The banned pamphlets dealt with a local land deal and compensation payments to residents and businesses. Government policies create an atmosphere which inhibits independent journalism and result in self-censorship of issues government authorities might consider sensitive. Government displeasure with press reporting is often conveyed directly to the newspaper's board of directors. There have also been credible reports of efforts by the Government to stop reporters from pursuing stories on sensitive subjects. In practice, press freedom is also limited by the fact that leading political figures, or companies controlled by leading political figures in the ruling coalition, own all the major newspapers and all radio and television stations. These mass media provide generally laudatory, noncritical coverage of government officials and government policies, and give only limited and selective coverage to political views of the opposition or political rivals. Editorial opinion in these mass media frequently reflects government positions on domestic and international issues. Chinese-language newspapers are generally more free in reporting and commenting on sensitive political and social issues. Despite strong political influence on the editorial decisions of major publications, small-circulation publications of opposition parties, social action groups, unions, and other private groups actively cover opposition parties and frequently print views critical of government policies. The Government does retain significant influence over these publications by requiring annual renewal of publishing permits. In June the Home Affairs Ministry revoked the publishing license of a popular Tamil-language tabloid, Thoothan (The Messenger), after the paper published an article alleging corruption on the part of the Malaysian-Indian Minister of Energy, Telecommunications, and Posts. In May the Government threatened to review the publication permit of the opposition party PAS newsletter, Harakah, after it ran articles the Government claimed could disrupt national unity and harmony. Also in May, the Home Affairs Ministry directed newspapers not to publish information about a confrontation in Penang between police and local Hindu worshipers who were celebrating a religious festival. Earlier, in March, the Home Affairs Ministry decided not to renew the work permit of a Filipino correspondent for the Manila-based Inter Press Service because of what it described as negative reports on Malaysia's treatment of foreign guest workers that purportedly posed a threat to national security and racial harmony. In August the Government seized books, publications, and other materials belonging to the banned Al Arqam religious sect and made it illegal to possess, sell, distribute, or display books, logos, and other printed materials prepared by the organization. In June 1990, Parliament enacted legislation making the government-controlled Malaysian news agency (Bernama) the sole distributor of foreign news in Malaysia, formalizing previous practice. The parliamentary opposition opposed the bill, arguing that it would increase government control over foreign news. Although the Government has not to date used this law to restrict foreign news coverage or availability, in the past the Government has banned under separate legislation individual editions of foreign publications. In 1994 the Government censored portions of photographs and text in issues of foreign newsmagazines and stopped airing the British Broadcasting Corporation (BBC) news programs, allegedly because the BBC's conditions for use would undermine Malaysia's dignity, according to a government spokesman. b. Freedom of Peaceful Assembly and Association The Constitution provides for the rights of freedom of peaceful assembly and association, but there are significant restrictions. These rights may be limited in the interest of security and public order, and the 1967 Police Act requires police permits for all public assemblies with the exception of workers on picket lines. Spontaneous demonstrations occur periodically without permission, but they are limited in scope and generally occur with the tacit consent of the police. In the east Malaysian state of Sarawak, groups of indigenous people have held peaceful demonstrations to protest government policies and actions. In the aftermath of the intercommunal riots in 1969, the Government banned political rallies. The Government has announced that political rallies will continue to be banned during national elections likely to be held in early 1995. While the formal ban has not been rescinded, both government and opposition parties have held large indoor political gatherings dubbed "discussion sessions." Government and opposition candidates campaign actively. There are, however, some restrictions on freedom of assembly during campaigns. During the actual campaign period, political parties submit lists of times and places for their "discussion groups." Although theoretically no police permit is required, some opposition discussion group meetings in past campaigns have been canceled for lack of a police permit. Outside of the campaign period, a permit is required, with most applications routinely approved. Other statutes limit the right of association, such as the Societies Act of 1966, under which any association of seven or more members must register with the Government as a society. The Government may refuse to register a new society or may impose conditions when allowing a society to register. The Government also has the power to revoke the registration of an existing society for violations of the Act, a power it has selectively enforced against political opposition groups. On August 27, the Government declared the Al Arqam religious movement to be an illegal organization under the Societies Act and seized computers and other materials belonging to the organization. More than 300 members of the sect had been arrested as of September 22 for being associated with the organization (see also Section 1.d.). In 1993 the Registrar of Societies deregistered a political party of long standing in the east Malaysian state of Sabah when it formed a coalition with the ruling opposition party, and threatened to do the same to the national opposition party Semangat '46 if it continued to claim that it was the legitimate successor to the original UMNO party. The threat of possible deregistration inhibits political activism by public or special interest organizations. Another law affecting freedom of association is the Universities and University Colleges Act; it mandates government approval for student associations and prohibits student associations, as well as faculty members, from engaging in political activity. Campus demonstrations must be approved by a university vice chancellor. c. Freedom of Religion Islam is the official religion. Religious minorities, which include large Hindu, Buddhist, Sikh, and Christian communities, generally are permitted to worship freely but are subject to some restrictions. Islamic religious laws administered by state authorities through Islamic courts bind ethnic Malays in some civil matters, such as family relations and diet. Government funds support an Islamic religious establishment, and it is official policy to "infuse Islamic values" into the administration of Malaysia. At the same time, the Constitution provides for freedom of religion, and the Government has refused to accede to pressures to impose Islamic religious law beyond the Muslim community. The Government opposes what it considers extremist or deviant interpretations of Islam and in August banned the Al Arqam religious movement for what it termed "deviationist teachings." In the past, the Government has imposed restrictions on certain Islamic sects. It continues to monitor the activities of the Shi'ite minority. There are persistent allegations that some state governments are slow in approving building permits for non-Muslim places of worship and some non-Muslims allege difficulty in obtaining land for cemeteries. In one instance, a municipal council had approved the construction of a Catholic Church headquarters only to rescind its approval in August 1993, after a public outcry by the predominantly Muslim local community. A compromise was proposed which would have permitted the church to build a two-story structure but was rejected by church officials. The Government has limited the circulation of a popular Malay-language translation of the Bible, and some states restrict the use of religious terms by Christians in the Malay language. The Government permits but discourages conversion to religions other than Islam. Some states have long proscribed by law proselytizing of Muslims and other parts of the country strongly discourage it as well. In a March 1990 decision, the Supreme Court upheld the primacy of the Constitution over inconsistent state laws by ruling that parents have the right to determine the religion of their minor children under the age of 18. The decision eased fears of the non-Muslim community over state laws that in religious conversion cases set the age of majority at puberty based on Islamic law. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation Malaysians generally have the right to travel within the country and live and work where they please, but the Government restricts these rights in some circumstances. The states of Sabah and Sarawak have the independent right to control immigration into their territories; Malaysians from peninsular west Malaysia and foreigners are required to present passports or national identity cards for entry. The Government regulates the internal movement of provisionally released ISA detainees. It also limits the movement of some released ISA detainees to a designated city or state (see Section 1.e.). The Government generally does not restrict emigration. Malaysians are free to travel abroad, although in some cases the Government has refused to issue or has withheld passports on security grounds or in the belief that the trip will be detrimental to the country's image. Most government action is taken because of suspected drug trafficking offenses or other serious crimes. In an unprecedented move in August, the Government revoked the passport of Al Arqam leader Ashaari Muhammed and nine of his followers while Ashaari and his followers were still residing in Thailand. In July 1993, immigration authorities withdrew the passport of a poet allegedly to prevent him from reading his poems, which supported antilogging activities. Immigration authorities returned his passport in late August 1993. Also in August 1993, the Immigration Department in the east Malaysian state of Sarawak, on instructions from the Home Affairs Ministry, confiscated the passport of a Sarawak native who was on his way to an international conference of indigenous peoples. Two other Sarawak natives who planned to attend conferences had their passports confiscated in 1992; government authorities still have not returned their passports. Malaysians are not permitted to travel to Israel, and in June, following a public outcry, the Government revoked the passport of Tunku Abdullah, brother of the King of Malaysia, after Abdullah made what was described as a "private business trip" to Israel. Recently, however, the Government has loosened travel restrictions for Malaysian pilgrims to visit Jerusalem. According to a report by the Home Affairs Ministry, a total of 455,070 foreign workers were issued work permits as of June 1994. However, there may be up to 1 million foreign workers in Malaysia, many illegal, who work in low-skill jobs in the plantation and construction sectors of the economy. Although some illegal workers ultimately are able to regularize their immigration status, others depart voluntarily after a few months, while some are formally deported as illegal migrants. In 1992 the Government conducted a registration program designed to regularize the immigration status of illegal workers. After the registration program ended, however, the Government launched combined police and military operations to enforce immigration and passport laws. In 1994, more than 130,000 foreign workers were detained, of whom about 50,000 were deported. On March 27, Kuala Lumpur police conducted an immigration roundup of some 1,000 Filipino maids at a prominent Catholic cathedral just after mass. The roundup, which included some persons producing valid residence and work permits, led to strong protests from the Philippine Embassy.