Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/malaysia.txt

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TITLE: MALAYSIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995

                            MALAYSIA


Malaysia is a federation of 13 states with a parliamentary
system of government based on periodic multiparty elections but
in which the ruling National Front coalition has held power
since 1957.  Opposition parties actively contest elections,
although they hold only 21 percent of the seats in the Federal
Parliament; an opposition party currently controls one state
government.  There is political competition within the United
Malays National Organization (UMNO), the major party in the
coalition.

The Government asserts that internal security laws allowing
preventive detention (and arrests under such laws) are required
owing to Malaysia's "sensitive social balance," the need to
ensure that the peace and stability of the country are
protected, and concern about endemic narcotics trafficking
problems.  However, the Government also has used these laws
more broadly to detain persons when available evidence is
insufficient to bring formal charges under the Criminal Code,
as well as to detain political opponents.  The existence of
these laws serves to inhibit effective opposition to government
policies.

The Royal Malaysian Police has primary responsibility for
internal security matters; it reports to the Minister of Home
Affairs.  Prime Minister Mahathir also holds the Home Affairs
portfolio.  There continued to be some credible reports of
mistreatment of prisoners and detainees by the police and
prison officials.

Rapidly expanding exports of manufactured goods, especially in
the electronics sector, account for much of the country's
economic growth.  Crude oil exports and traditional commodities
(tropical timber, palm oil, rubber) add to Malaysia's trade
revenues.  Strong economic performance in recent years has led
to significant reductions in poverty, improved standards of
living, and more equal income distribution.

While there is an efficient system of justice based on common
law principles, the Government continues arbitrarily to arrest
and detain citizens without trial.  The Government also limits
judicial independence and effectively restricts freedom of
association and of the press.  These restrictions make it very
difficult for opposition parties to compete on equal terms with
the long-ruling governing coalition.  Domestic violence against
women is a serious problem, which the Government is taking
steps to address.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

There were no reports of political or other extrajudicial
killings by the Government or any other political organization.

     b.  Disappearance

There were no reports of disappearances attributable to the
Government or any other political organization.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

There continue to be instances of police officers abusing
criminal suspects during interrogation, including strong
psychological pressure and sometimes physical abuse.  In some
cases, government authorities have investigated police
officials for such abuses, but because they refuse to release
information on the results of the investigations, it cannot be
determined whether those responsible for such abuses are
punished.  There were no known instances in 1994 (or in recent
years) of police officials being tried, convicted, and
sentenced for abuse of prisoners.

Malaysian criminal law prescribes caning as an additional
punishment to imprisonment for those convicted of crimes such
as narcotics possession.  Judges routinely include caning in
sentencing those convicted of such crimes as kidnaping, rape,
and robbery.  The caning, which is normally carried out with a
1/2-inch thick wooden cane, commonly causes welts and sometimes
scarring.

     d.  Arbitrary Arrest, Detention, or Exile

Three laws permit the Government to detain suspects without
judicial review or filing formal charges:  the 1960 Internal
Security Act (ISA), the Emergency (Public Order and Prevention
of Crime) Ordinance of 1969, and the Dangerous Drugs Act of
1985.  The Government continued to use long-term detentions
without trial in cases alleged to involve national security, as
well as in narcotics trafficking and other cases.  According to
the Home Affairs Ministry, as of December, there were 4,115
people being detained without trial; most of those detainees
are being held under the Dangerous Drugs Act.

Passed more than 30 years ago when there was an active
Communist insurgency, the ISA empowers the police to hold any
person who may act "in a manner prejudicial to the security of
Malaysia" for up to 60 days.  According to the Government, the
goal of the ISA is to control internal subversion, although
there is now no serious threat to national stability in
Malaysia.  The Government also uses the ISA against passport
and identity card forgers, 20 of whom were being held as of
December 20.

Security authorities sometimes wait several days after a
detention before informing the detainee's family.  The Minister
of Home Affairs may authorize, in writing, further indefinite
detention for periods of up to 2 years.  Even when there are no
formal charges, the authorities must inform detainees of the
accusations against them and permit them to appeal to an
advisory board for review every 6 months.  Advisory board
decisions and recommendations, however, are not binding on the
Home Affairs Minister, are not made public, and are often not
shown to the detainee.  A number of ISA detainees have refused
to participate in the review process under these circumstances.

The Home Affairs Ministry reported in December that there were
27 ISA detainees at that time, down from 51 as of July 1993.
The Government released approximately 27 former detainees
subject to "imposed restricted conditions," which will be in
effect for the balance of their detention periods.  These
conditions limit their rights to freedom of speech, association,
and travel outside the country.

On September 2, the Government detained under the ISA nine
members of the banned Al Arqam Islamic movement, including the
Islamic sect's leader, Ashaari Muhammed.  The Government said
it took these actions on the grounds that Al Arqam posed a
threat to national security, although it presented no credible
evidence of this.

On October 20, after 50 days in ISA detention by the Special
Branch, Ashaari recanted his beliefs in a 2 1/2-hour
government-televised discussion with Islamic leaders and
confessed to propagating teachings and practices which deviated
from true Islam.  Since founding Al Arqam in 1968, Ashaari had
been vigorously expounding these views for over 25 years at the
time of his recantation.  During the televised confession,
Ashaari appeared to have lost weight, and his head and beard
had been shaved.  Ashaari and five of his followers were freed
on October 28 and Ashaari visited the Al Arqam commune at
Sungai Pencala the next day to meet with his followers.  He
told his followers that his October 20 confession had been
"voluntary."  Ashaari remains under restricted residence, and
his movements are limited to Kuala Lumpur and the surrounding
state of Selangor.

In January the Government lifted restricted residence
conditions for six persons, including the brother of the then
chief minister of the east Malaysian state of Sabah, who had
been detained under the ISA in 1990 and 1991 for alleged
involvement in a secessionist plot.  They had been released in
1993, but their movements were restricted.

Amendments to the ISA severely limit judicial review of
detentions, contravening international standards of due
process.  During 1994 opposition leaders and human rights
organizations called on the Government to repeal the ISA and
other legislation that deprive people of the right to defend
themselves in court.  Some officials also have suggested that
amendments are warranted, but senior government officials
insist that the ISA in its present form continues to be
necessary to preserve peace and harmony in a multiracial
society, without explaining convincingly why reliance on the
criminal law and the courts would seriously impair peace and
harmony.  In May the Prime Minister, while not dismissing the
possibility that some provisions of the ISA could be amended,
said that the ISA could not be repealed as it was still needed
under certain circumstances.

The Emergency (Public Order and Prevention of Crime) Ordinance
was instituted after intercommunal riots in 1969.  Although
Parliament regained its legislative power in 1971, the
Government has never lifted the state of emergency declared at
the time of the riots.  The Home Affairs Minister can issue a
detention order for up to 2 years against a person if he deems
it necessary to protect public order or for the "suppression of
violence or the prevention of crimes involving violence."  The
Home Affairs Ministry in December said there were 200 people in
detention under the Emergency Ordinance, up from 93 people in
1993.  Local human rights organizations accept this figure as
accurate.

Provisions of the 1985 amendments to the Dangerous Drugs Act
give the Government specific power to detain suspected drug
traffickers.  The suspects may be held up to 39 days before the
Home Affairs Minister must issue a detention order.  Once the
Ministry has issued an order, the detainee is entitled to a
habeas corpus hearing before a court.  In some instances, the
judge may order the detainee's release.  Suspects may be held
without charge for successive 2-year intervals, with periodic
review by an advisory board, whose opinion is binding on the
Home Affairs Minister.  However, the review process contains
none of the due process rights that a defendant would have in a
court proceeding.  As of December 20, approximately 3,888 drug
suspects remained under detention or under restrictions
equivalent to house arrest under this statute.  The police
frequently rearrest suspected narcotics traffickers and
firearms offenders under the preventive measures clauses of the
Dangerous Drugs Act or the ISA after an acquittal in court on
formal charges under separate provisions of those acts.

A 1989 peace agreement allows members of the Communist Party of
Malaya (CPM) to return to Malaysia.  According to the
Government, the agreement stipulates that they satisfy certain
conditions, including taking a loyalty oath "to king and
country" and renouncing the CPM in writing.  Since 1989 more
than 650 former CPM members have applied to return to Malaysia
under the agreement.  Sixty-six subsequently withdrew their
applications because they objected to the conditions imposed by
the Government on their repatriation.  In 1994, 50 to 80 former
CPM members returned to Malaysia, including a prominent member
of the CPM's Central Committee who returned after spending
30 years in exile.  The Government has rejected an unknown
number of applications by former CPM members to return to
Malaysia.

Since December 1989, 338 former Communists and 50 dependents
have been "rehabilitated" by the Malaysian security authorities
and resettled in Malaysia.  This rehabilitation consists of
detention without trial under the ISA at the Kamunting
Detention Center in Perak state.  In addition, rehabilitated
former CPM members who have reintegrated into Malaysian society
are restricted to certain areas where security authorities
watch them carefully for up to 6 years.  These rehabilitated
persons cannot resume full participation in Malaysia's
political life until this period of surveillance demonstrates
to the satisfaction of the police that they have abandoned
their former ideology.

In November former student leader Hishamuddin Rais ended
20 years of exile in England and returned to Malaysia.
Hishamuddin was questioned by police for several days after his
return to Malaysia and was released and issued a new identity
card and passport.  The former student activist did not
discount the possibility of entering national politics.

     e.  Denial of Fair Public Trial

Most civil and criminal cases are fair and open.  The accused
must be brought before a judge within 24 hours of arrest, and
charges must be levied within 14 days.  Defendants have the
right to counsel, bail is available, and strict rules of
evidence apply in court.  Defendants may appeal court decisions
to higher courts and, in criminal cases, may also appeal for
clemency to the King or local state rulers as appropriate.  All
criminal trials, including murder trials, are heard by a single
judge.  Parliament voted on December 21 to amend the Criminal
Procedure Code by abolishing jury trials in death penalty
cases.  Human rights organizations and the Bar Council have
complained that they were not consulted by the Government prior
to tabling this amendment.  The defense in both ordinary
criminal cases and the special security cases described below
is not entitled to a statement of evidence before the trial.

The right to a fair trial is restricted in criminal cases in
which the Attorney General invokes the Essential (Security
Cases) Regulations of 1975.  These regulations governing trial
procedure normally apply only in firearms cases.  In cases
tried under these regulations, the standards for accepting
self-incriminating statements by defendants as evidence are
less stringent than in normal criminal cases.  Also, the
authorities may hold the accused for an unspecified period of
time before making formal charges.  The Attorney General has
the authority to invoke these regulations in other criminal
cases if the Government determines that the crime involves
national security considerations, but such cases are rare.

The Malaysian judiciary has traditionally been regarded by the
public and the legal community as committed to the rule of law
and has ruled against the Government in some politically
sensitive cases.  However, the Government's 1988 dismissal of
the Supreme Court Lord President and two other justices, along
with a constitutional amendment and legislation restricting
judicial review, has undermined judicial independence and
strengthened executive influence over the judiciary in
politically sensitive cases.  These developments created the
possibility that Malaysians who might otherwise seek legal
remedies against government actions would be reluctant to do so
and have resulted in less willingness by the courts to
challenge the Government's legal interpretations in politically
sensitive cases.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

These rights are normally respected and protected by law.
Provisions in the security legislation (see Section 1.d.),
however, allow the police to enter and search without a warrant
the homes of persons suspected of threatening national
security.  Police may also confiscate evidence under these
acts.  In some cases each year, police have used this legal
authority to search homes and offices, seize books and papers,
monitor conversations, and take people into custody without a
warrant.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

Although the Constitution provides for freedom of speech and
press, some important limitations exist, and over the years the
Government has restricted freedom of expression of media
organizations and individuals.  The Constitution provides that
freedom of speech may be restricted by legislation "in the
interest of security...(or) public order."  Thus, the Sedition
Act Amendments of 1970 prohibit public comment on issues
defined as sensitive, such as citizenship rights for non-Malays
and the special position of Malays in society.  The Government
has not brought charges under the Sedition Act since 1986, when
a trial court acquitted a former president of the Bar Council.

The Printing Presses and Publications Act of 1984 contains
important limitations on press freedom.  Domestic and foreign
publications must apply annually to the Government for a
permit.  The Act was amended in 1987 to make the publication of
"malicious news" a punishable offense, expand the Government's
power to ban or restrict publications, and prohibit court
challenges to suspension or revocation of publication permits.
In December the authorities detained six local leaders of the
opposition Democratic Action Party under the Printing Presses
Act for distributing pamphlets without permission.  The banned
pamphlets dealt with a local land deal and compensation
payments to residents and businesses.  Government policies
create an atmosphere which inhibits independent journalism and
result in self-censorship of issues government authorities
might consider sensitive.  Government displeasure with press
reporting is often conveyed directly to the newspaper's board
of directors.  There have also been credible reports of efforts
by the Government to stop reporters from pursuing stories on
sensitive subjects.

In practice, press freedom is also limited by the fact that
leading political figures, or companies controlled by leading
political figures in the ruling coalition, own all the major
newspapers and all radio and television stations.  These mass
media provide generally laudatory, noncritical coverage of
government officials and government policies, and give only
limited and selective coverage to political views of the
opposition or political rivals.  Editorial opinion in these
mass media frequently reflects government positions on domestic
and international issues.  Chinese-language newspapers are
generally more free in reporting and commenting on sensitive
political and social issues.

Despite strong political influence on the editorial decisions
of major publications, small-circulation publications of
opposition parties, social action groups, unions, and other
private groups actively cover opposition parties and frequently
print views critical of government policies.  The Government
does retain significant influence over these publications by
requiring annual renewal of publishing permits.  In June the
Home Affairs Ministry revoked the publishing license of a
popular Tamil-language tabloid, Thoothan (The Messenger), after
the paper published an article alleging corruption on the part
of the Malaysian-Indian Minister of Energy, Telecommunications,
and Posts.  In May the Government threatened to review the
publication permit of the opposition party PAS newsletter,
Harakah, after it ran articles the Government claimed could
disrupt national unity and harmony.  Also in May, the Home
Affairs Ministry directed newspapers not to publish information
about a confrontation in Penang between police and local Hindu
worshipers who were celebrating a religious festival.  Earlier,
in March, the Home Affairs Ministry decided not to renew the
work permit of a Filipino correspondent for the Manila-based
Inter Press Service because of what it described as negative
reports on Malaysia's treatment of foreign guest workers that
purportedly posed a threat to national security and racial
harmony.  In August the Government seized books, publications,
and other materials belonging to the banned Al Arqam religious
sect and made it illegal to possess, sell, distribute, or
display books, logos, and other printed materials prepared by
the organization.

In June 1990, Parliament enacted legislation making the
government-controlled Malaysian news agency (Bernama) the sole
distributor of foreign news in Malaysia, formalizing previous
practice.  The parliamentary opposition opposed the bill,
arguing that it would increase government control over foreign
news.  Although the Government has not to date used this law to
restrict foreign news coverage or availability, in the past the
Government has banned under separate legislation individual
editions of foreign publications.  In 1994 the Government
censored portions of photographs and text in issues of foreign
newsmagazines and stopped airing the British Broadcasting
Corporation (BBC) news programs, allegedly because the BBC's
conditions for use would undermine Malaysia's dignity,
according to a government spokesman.

     b.  Freedom of Peaceful Assembly and Association

The Constitution provides for the rights of freedom of peaceful
assembly and association, but there are significant
restrictions.  These rights may be limited in the interest of
security and public order, and the 1967 Police Act requires
police permits for all public assemblies with the exception of
workers on picket lines.  Spontaneous demonstrations occur
periodically without permission, but they are limited in scope
and generally occur with the tacit consent of the police.  In
the east Malaysian state of Sarawak, groups of indigenous
people have held peaceful demonstrations to protest government
policies and actions.

In the aftermath of the intercommunal riots in 1969, the
Government banned political rallies.  The Government has
announced that political rallies will continue to be banned
during national elections likely to be held in early 1995.
While the formal ban has not been rescinded, both government
and opposition parties have held large indoor political
gatherings dubbed "discussion sessions."  Government and
opposition candidates campaign actively.  There are, however,
some restrictions on freedom of assembly during campaigns.
During the actual campaign period, political parties submit
lists of times and places for their "discussion groups."
Although theoretically no police permit is required, some
opposition discussion group meetings in past campaigns have
been canceled for lack of a police permit.  Outside of the
campaign period, a permit is required, with most applications
routinely approved.

Other statutes limit the right of association, such as the
Societies Act of 1966, under which any association of seven or
more members must register with the Government as a society.
The Government may refuse to register a new society or may
impose conditions when allowing a society to register.  The
Government also has the power to revoke the registration of an
existing society for violations of the Act, a power it has
selectively enforced against political opposition groups.  On
August 27, the Government declared the Al Arqam religious
movement to be an illegal organization under the Societies Act
and seized computers and other materials belonging to the
organization.  More than 300 members of the sect had been
arrested as of September 22 for being associated with the
organization (see also Section 1.d.).  In 1993 the Registrar of
Societies deregistered a political party of long standing in
the east Malaysian state of Sabah when it formed a coalition
with the ruling opposition party, and threatened to do the same
to the national opposition party Semangat '46 if it continued
to claim that it was the legitimate successor to the original
UMNO party.  The threat of possible deregistration inhibits
political activism by public or special interest organizations.

Another law affecting freedom of association is the
Universities and University Colleges Act; it mandates
government approval for student associations and prohibits
student associations, as well as faculty members, from engaging
in political activity.  Campus demonstrations must be approved
by a university vice chancellor.

     c.  Freedom of Religion

Islam is the official religion.  Religious minorities, which
include large Hindu, Buddhist, Sikh, and Christian communities,
generally are permitted to worship freely but are subject to
some restrictions.  Islamic religious laws administered by
state authorities through Islamic courts bind ethnic Malays in
some civil matters, such as family relations and diet.
Government funds support an Islamic religious establishment,
and it is official policy to "infuse Islamic values" into the
administration of Malaysia.  At the same time, the Constitution
provides for freedom of religion, and the Government has
refused to accede to pressures to impose Islamic religious law
beyond the Muslim community.

The Government opposes what it considers extremist or deviant
interpretations of Islam and in August banned the Al Arqam
religious movement for what it termed "deviationist
teachings."  In the past, the Government has imposed
restrictions on certain Islamic sects.  It continues to monitor
the activities of the Shi'ite minority.

There are persistent allegations that some state governments
are slow in approving building permits for non-Muslim places of
worship and some non-Muslims allege difficulty in obtaining
land for cemeteries.  In one instance, a municipal council had
approved the construction of a Catholic Church headquarters
only to rescind its approval in August 1993, after a public
outcry by the predominantly Muslim local community.  A
compromise was proposed which would have permitted the church
to build a two-story structure but was rejected by church
officials.  The Government has limited the circulation of a
popular Malay-language translation of the Bible, and some
states restrict the use of religious terms by Christians in the
Malay language.

The Government permits but discourages conversion to religions
other than Islam.  Some states have long proscribed by law
proselytizing of Muslims and other parts of the country
strongly discourage it as well.  In a March 1990 decision, the
Supreme Court upheld the primacy of the Constitution over
inconsistent state laws by ruling that parents have the right
to determine the religion of their minor children under the age
of 18.  The decision eased fears of the non-Muslim community
over state laws that in religious conversion cases set the age
of majority at puberty based on Islamic law.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

Malaysians generally have the right to travel within the
country and live and work where they please, but the Government
restricts these rights in some circumstances.  The states of
Sabah and Sarawak have the independent right to control
immigration into their territories; Malaysians from peninsular
west Malaysia and foreigners are required to present passports
or national identity cards for entry.  The Government regulates
the internal movement of provisionally released ISA detainees.
It also limits the movement of some released ISA detainees to a
designated city or state (see Section 1.e.).

The Government generally does not restrict emigration.
Malaysians are free to travel abroad, although in some cases
the Government has refused to issue or has withheld passports
on security grounds or in the belief that the trip will be
detrimental to the country's image.  Most government action is
taken because of suspected drug trafficking offenses or other
serious crimes.  In an unprecedented move in August, the
Government revoked the passport of Al Arqam leader Ashaari
Muhammed and nine of his followers while Ashaari and his
followers were still residing in Thailand.

In July 1993, immigration authorities withdrew the passport of
a poet allegedly to prevent him from reading his poems, which
supported antilogging activities.  Immigration authorities
returned his passport in late August 1993.  Also in August
1993, the Immigration Department in the east Malaysian state of
Sarawak, on instructions from the Home Affairs Ministry,
confiscated the passport of a Sarawak native who was on his way
to an international conference of indigenous peoples.  Two
other Sarawak natives who planned to attend conferences had
their passports confiscated in 1992; government authorities
still have not returned their passports.

Malaysians are not permitted to travel to Israel, and in June,
following a public outcry, the Government revoked the passport
of Tunku Abdullah, brother of the King of Malaysia, after
Abdullah made what was described as a "private business trip"
to Israel.  Recently, however, the Government has loosened
travel restrictions for Malaysian pilgrims to visit Jerusalem.

According to a report by the Home Affairs Ministry, a total of
455,070 foreign workers were issued work permits as of June
1994.  However, there may be up to 1 million foreign workers in
Malaysia, many illegal, who work in low-skill jobs in the
plantation and construction sectors of the economy.  Although
some illegal workers ultimately are able to regularize their
immigration status, others depart voluntarily after a few
months, while some are formally deported as illegal migrants.
In 1992 the Government conducted a registration program
designed to regularize the immigration status of illegal
workers.  After the registration program ended, however, the
Government launched combined police and military operations to
enforce immigration and passport laws.  In 1994, more than
130,000 foreign workers were detained, of whom about 50,000
were deported.  On March 27, Kuala Lumpur police conducted an
immigration roundup of some 1,000 Filipino maids at a prominent
Catholic cathedral just after mass.  The roundup, which
included some persons producing valid residence and work
permits, led to strong protests from the Philippine Embassy.