Undocumented Migrants and Refugees in Malaysia: Raids, Detention and Discrimination
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Countries at the Crossroads 2012: Malaysia
COUNTRIES AT THE CROSSROADS Countries at the Crossroads 2012: Malaysia Introduction Malaysia has over 28 million people, of whom approximately 63 percent are ethnic Malay, 25 percent Chinese, 7 percent Indian, and 4 percent Ibans and Kadazan-Dusun.1 Much of this diversity was created through the British formation of an extractive colonial economy, with the “indigenous” Malay community ordered into small holdings and rice cultivation, while the “non-Malays” were recruited from China and India into tin mining and plantation agriculture. Further, in preparing the territory for independence in 1957, the British fashioned a polity that was formally democratic, but would soon be encrusted by authoritarian controls. Throughout the 1960s, greater urbanization brought many Malays to the cities, where they encountered the comparative prosperity of the non-Malays. They perceived the multiethnic coalition that ruled the country, anchored by the United Malays National Organization (UMNO), but including the Malayan Chinese Association (MCA) and the Malayan Indian Congress (MIC), as doing little to enhance their living standards. At the same time, many non-Malays grew alienated by the discrimination they faced in accessing public sector resources. Thus, as voters in both communities swung to opposition parties in an election held in May 1969, the UMNO-led coalition, known as the Alliance, was gravely weakened. Shortly afterward, Malays and Chinese clashed in the capital, Kuala Lumpur, sparking ethnic rioting known as the May 13th incident. Two years of emergency rule followed during which parliament was closed. As the price for reopening parliament in 1971, UMNO imposed new curbs on civil liberties, thereby banning any questioning of the Malay “special rights” that are enshrined in constitution’s Article 153. -
Open LIM Doctoral Dissertation 2009.Pdf
The Pennsylvania State University The Graduate School College of Communications BLOGGING AND DEMOCRACY: BLOGS IN MALAYSIAN POLITICAL DISCOURSE A Dissertation in Mass Communications by Ming Kuok Lim © 2009 Ming Kuok Lim Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy August 2009 The dissertation of Ming Kuok Lim was reviewed and approved* by the following: Amit M. Schejter Associate Professor of Mass Communications Dissertation Advisor Chair of Committee Richard D. Taylor Professor of Mass Communications Jorge R. Schement Distinguished Professor of Mass Communications John Christman Associate Professor of Philosophy, Political Science, and Women’s Studies John S. Nichols Professor of Mass Communications Associate Dean for Graduate Studies and Research *Signatures are on file in the Graduate School iii ABSTRACT This study examines how socio-political blogs contribute to the development of democracy in Malaysia. It suggests that blogs perform three main functions, which help make a democracy more meaningful: blogs as fifth estate, blogs as networks, and blogs as platform for expression. First, blogs function as the fifth estate performing checks-and-balances over the government. This function is expressed by blogs’ role in the dissemination of information, providing alternative perspectives that challenge the dominant frame, and setting of news agenda. The second function of blogs is that they perform as networks. This is linked to the social-networking aspect of the blogosphere both online and offline. Blogs also have the potential to act as mobilizing agents. The mobilizing capability of blogs facilitated the mass street protests, which took place in late- 2007 and early-2008 in Malaysia. -
Malaysia's Anti-Fake News
TERRORISM DILEMMAS AND DEMOCRACY Malaysia’s Anti-Fake News Act A cog in an arsenal of anti-free speech laws and a bold promise of reforms Abstract: Malaysia’s surprising fourteenth general election result in May 2018 was widely hailed as the advent of a seismic shift for press freedom in the country. The country’s draconian media control armoury was often wantonly and oppressively applied over six decades under previous rule. Key actors from that era are now presiding over bold reforms that have been promised by the new government. In keeping with its election promises, the new govern- ment sought to repeal the hastily and badly drafted Anti-Fake News Act 2018 (AFNA). The Attorney-General Tommy Thomas wrote scathingly before the Act was passed and before taking office as the new A-G: The draconian effect of the entire bill renders it unconstitutional…This is a disgraceful piece of legislation drafted by a desperate government determined to crush dissent and silence critics. The bill is so hastily and poorly drafted that it cannot under any circumstances be improved by amendment. Instead, it must be rejected outright. (Thomas, 2018) The repeal effort, however, failed and the Act remains technically on the books. This article examines the Act against a backdrop of global responses to the ‘fake news’ phenomenon; provides an overview of Malaysia’s draconian armoury of laws that impinge on freedom of expression; discusses the fad- ing optimism for proper media regulation reform in Malaysia; and concludes that meaningful media regulation reform must go beyond repealing AFNA. -
Suara Rakyat Malaysia (SUARAM) Is Committed to Defending and Campaigning for Human Rights in Malaysia and Other Parts of the World
Suara Rakyat Malaysia (SUARAM) is committed to defending and campaigning for human rights in Malaysia and other parts of the world. The organisation began in 1989 as a campaign body for the abolition of the Internal Security Act (ISA) in the aftermath of the infamous Operasi Lalang when 106 Malaysians were detained without trial. Since then, it has evolved into the leading human rights organisation in Malaysia, committed to protecting, preserving and promoting human rights. Produced by: Suara Rakyat Malaysia (SUARAM) Suara Inisiatif Sdn Bhd (562530-P) Office Address: 433A, Jalan 5/46, Malaysia: Gasing Indah, 46000 Petaling Jaya, Human Rights Selangor, Malaysia. Report 2014 Tel: +603 - 7784 3525 Fax: +603 - 7784 3526 OVERVIEW Email: [email protected] www.suaram.net Photo credit: Victor Chin, Rakan Mantin. MALAYSIA: HUMAN RIGHTS REPORT OVERVIEW 2014 1 Suara Rakyat Malaysia (SUARAM) CONTENTS Introduction 2 Detention Without Trial 4 Police Abuses of Power 6 Freedom of Expression and Information 10 Freedom of Assembly 14 Freedom of Association 16 Freedom of Religion 18 Refugees, Asylum Seekers and Migrant Workers 23 Death Penalty 27 Free and Fair Elections 27 Corruption and Accountability 30 Law and the Judiciary 32 Human Rights Commission of Malaysia (SUHAKAM) 36 MALAYSIA: HUMAN RIGHTS REPORT OVERVIEW 2014 2 Suara Rakyat Malaysia (SUARAM) INTRODUCTION In 2014, the human rights record under the Najib Razak administration has hit a new low. When he first came to power in 2009, Najib Razak introduced several reforms in an attempt to win back votes after the fiasco for the ruling coalition in the 2008 general election. This attempt at reform has been reversed after yet another debacle for BN in the 2013 general election, epitomized by the about-turn decision on the promise to repeal the Sedition Act, with the Prime Minister seemingly bowing down to demands of extremist groups for his own political survival and bent on teaching dissenting voters a lesson. -
ASEAS - Austrian Journal of South-East Asian Studies, 2(2), 102-121
www.ssoar.info Continuity in a changing world: Malaysia's coercive security apparatus in the age of terror and beyond Humphreys, Andrew Veröffentlichungsversion / Published Version Zeitschriftenartikel / journal article Empfohlene Zitierung / Suggested Citation: Humphreys, A. (2009). Continuity in a changing world: Malaysia's coercive security apparatus in the age of terror and beyond. ASEAS - Austrian Journal of South-East Asian Studies, 2(2), 102-121. https://nbn-resolving.org/ urn:nbn:de:0168-ssoar-362857 Nutzungsbedingungen: Terms of use: Dieser Text wird unter einer CC BY-NC-ND Lizenz This document is made available under a CC BY-NC-ND Licence (Namensnennung-Nicht-kommerziell-Keine Bearbeitung) zur (Attribution-Non Comercial-NoDerivatives). For more Information Verfügung gestellt. Nähere Auskünfte zu den CC-Lizenzen finden see: Sie hier: https://creativecommons.org/licenses/by-nc-nd/4.0 https://creativecommons.org/licenses/by-nc-nd/4.0/deed.de ASEAS 2 (2) Aktuelle Südostasienforschung / Current Research on South-East Asia Continuity in a Changing World: Malaysia’s Coercive Security Apparatus in the Age of Terror and Beyond Andrew Humphreys1 University of Wollongong, Australia ASEAS - Österreichische Zeitschrift für Südostasienwissenschaften / Austrian Journal of South-East Asian Studies SEAS - Gesellschaft für Südostasienwissenschaften / Society for South-East Asian Studies - www.SEAS.at The Malaysian government’s use of its repressive security legislation has had a signifi cant impact on Malaysia’s modern political history. The focus of the present article is on the government’s use of its coercive security apparatus since the terrorist attacks of 9/11. My argument is that the apparatus is largely unchanged by the current global climate of the ‘War on Terror.’ Notably, Malaysia’s use of coercion has become increasingly less criticized by other governments, notably those in the West. -
Unjust Order: Malaysia's Internal Security Act
Fordham International Law Journal Volume 26, Issue 5 2002 Article 1 Unjust Order: Malaysia’s Internal Security Act Nicole Fritz∗ Martin Flahertyy ∗ y Copyright c 2002 by the authors. Fordham International Law Journal is produced by The Berke- ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj Unjust Order: Malaysia’s Internal Security Act Nicole Fritz and Martin Flaherty Abstract This Report represents the culmination of a year-long project undertaken by the Crowley Pro- gram to update the study of the use and impact of the Internal Security Act (ISA) in Malaysia in light of international law obligations. We reference first those international commitments that Malaysia has expressly adopted. However, these are very few–reflecting the antipathy felt by the Malaysian government for international obligations of this sort. Additionally, we have made ref- erence to the generally-accepted international law provisions applicable in this context–intended both to demonstrate the extent to which the ISA deviates from widely-upheld international norms, even if those norms are not ones expressly accepted by Malaysia. We have also referenced the extent to which other States, contemplating reviving or enacting similar laws, will fall afoul of their more readily undertaken international obligations in doing so. SPECIAL REPORT UNJUST ORDER: MALAYSIA'S INTERNAL SECURITY ACT Nicole Fritz* & Martin Flaherty** INTRODUCTION The Petronas Towers - two soaring office blocks in the heart of Kuala Lumpur - rise cleanly from their base. Few neighboring skyscrapers hem their space and it is this contrast to their surrounding landscape that makes them, arguably, even more arresting than the Twin Towers they so obviously recall. -
Dfat Country Information Report Malaysia
DFAT COUNTRY INFORMATION REPORT MALAYSIA 29 June 2021 MAP DFAT Country Information Report MALAYSIA (JUNE 2021) 2 CONTENTS ACRONYMS 4 GLOSSARY 6 1. PURPOSE AND SCOPE 8 2. BACKGROUND INFORMATION 9 Recent history 9 Demography 9 Economic overview 10 Political System 15 Security situation 17 3. REFUGEE CONVENTION CLAIMS 20 Race/Nationality 20 Religion 24 Political Opinion (actual or Imputed) 34 Groups of Interest 36 4. COMPLEMENTARY PROTECTION CLAIMS 52 Arbitrary Deprivation of Life 52 Death Penalty 54 Torture 54 Cruel, Inhuman or Degrading Treatment or Punishment 55 5. OTHER CONSIDERATIONS 57 State Protection 57 Internal Relocation 62 Treatment of Returnees 62 Documentation 64 Prevalence of Fraud 66 DFAT Country Information Report MALAYSIA (JUNE 2021) 3 ACRONYMS 1MDB 1 Malaysia Development Berhad (government investment fund) ASEAN Association of South East Asian Nations AUD Australian dollar BN Barisan Nasional (English: National Front) CAT Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment CEDAW Convention on the Elimination of all Forms of Discrimination Against Women CMA Communications and Multimedia Act (1998) CPED International Convention for the Protection of All Persons from Enforced Disappearance CRC Convention on the Rights of the Child CRPD Convention on the Rights of Persons with Disabilities DAP Democratic Action Party EPO Emergency Protection Order FGM Female Genital Mutilation ICCPR International Covenant on Civil and Political Rights ICERD International Convention on the Elimination of all -
The Emergence of New Politics in Malaysia from Consociational to Deliberative Democracy
Taiwan Journal of Democracy, Volume 5, No. 2: 97-125 The Emergence of New Politics in Malaysia From Consociational to Deliberative Democracy Mohd Azizuddin Mohd Sani Abstract Since independence in 1957, Malaysia has practiced consociational democracy that permits elite deliberation only. However, in the 2008 general election, Malaysian voters almost caused the Barisan Nasional government to be toppled by the opposition. They demanded more participation in policy making, as consociationalism has led to many malpractices in the government such as corruption and cronyism. The demands rose by the opposition, civil society, and new media have forced the government to implement an element of deliberative democracy. Although such deliberative democracy is probably a mask for the real agenda of continued authoritarian deliberation, strong pressures from the people are apt to ensure that deliberative democracy will be effectively practiced in the future. Key words: Malaysia, deliberative democracy, consociational democracy, civil society, Internet. Malaysia is beginning to embrace the new politics of deliberative democracy, leaving behind the old politics of consociational democracy. Consociationalism and power sharing as practiced by the ruling Barisan Nasional (BN) has permitted elite deliberation only. To stay in power, the BN-dominated government has restricted the people’s rights to political freedom and controlled dissents and criticism. However, since the twelfth general election on March 8, 2008, there has been a shift in Malaysia’s political arena toward deliberative democracy, caused by the BN’s dissension politics, a civil society movement, and the new Internet media. These three factors have managed to transform Malaysian society and open space for public participation and deliberation. -
Malaysia: Emergency Restrictions Should Not Be Used to Further Reinforce Political Power
Malaysia: Emergency restrictions should not be used to further reinforce political power (Bangkok, 14 January 2021) ‒ Malaysia’s recent declaration of a state of emergency risks compromising the rights of its people and its systems for accountability, said the Asian Forum for Human Rights and Development (FORUM-ASIA) and its Malaysia member organisations Suara Rakyat Malaysia (SUARAM) and Pusat Komas (KOMAS), in a statement. A nation-wide emergency was announced on 12 January in Malaysia.1 The state of emergency will remain in place until 1 August, unless COVID-19 cases are brought under control. The state of emergency follows the declaration of a Movement Control Order (MCO) just a day prior. The MCO would cover the states of Penang, Selangor, Melaka, Johor and Sabah, and the federal territories of Kuala Lumpur, Putrajaya and Labuan, with other states under conditional MCO. The MCO, which lasts two weeks, imposes a travel ban and prohibits mass gatherings.2 ‘We support the implementation of effective and humane measures to protect public health at a time of crisis. However, any emergency decree or policy should abide by international standards of legality, proportionality and necessity. In this case, the state of emergency, on top of an existing MCO raises questions on what it really aims to achieve,’ said Shamini Darshni Kaliemuthu, Executive Director of FORUM-ASIA. Amidst escalating frictions between the Prime Minister Muhyiddin Yassin’s government and political parties, the organisations argue that these would only reinforce Muhyiddin’s hold on power. A state of emergency would bar elections. It also deters Parliament from convening and allows the government to introduce new laws without scrutiny, thus preventing any form of checks and balances, which are particularly important as the nation faces a pandemic. -
WAN AZIZAH to STAND in PERMATANG PAUH (Bernama 19
19 NOV 1999 Opposition-Candidates WAN AZIZAH TO STAND IN PERMATANG PAUH KUALA LUMPUR, Nov 19 (Bernama) -- PAS Central Working Committee member Subky Latif will challenge Prime Minister Datuk Seri Dr Mahathir Mohamad in the Kubang Pasu parliamentary constituency. Parti Keadilan Nasional (Keadilan) president Datin Seri Dr Wan Azizah Wan Ismail will stand in the Permatang Pauh parliamentary constituency which had been represented by her husband Datuk Seri Anwar Ibrahim for 16 years. The ophthalmologist turned housewife will face Deputy Transport Minister Datuk Dr Ibrahim Saad. This was announced at a joint press conference by the opposition front here today attended by Dr Wan Azizah, DAP chairman Dr Chen Man Hin, DAP secretary general Lim Kit Siang, PAS vice president Dr Mustafa Ali and PRM president Syed Husin Ali and its secretary general Dr Sanusi Osman. Syed Husin who was the spokesman for the opposition front said they had decided to face the BN candidates one-to-one in the general election this time. "The Alternative Front does not allow any member from the pact to stand on an independent ticket," he said. The opposition parties have endorsed the allocation of seats among themselves. DAP confirmed that they would stand in 38 parliamentary constituencies including two in Sabah and seven in Sarawak. The party, however, did not announce its list of candidates. PAS will stand in 58 parliamentary constituencies in the peninsula and one in Sabah. The PRM will stand in five parliamentary constituencies and four state (DUN) seats. Meanwhile, Keadilan deputy president Dr Chandra Muzaffar said the party would stand in 64 parliamentary seats, that is, 45 in the peninsula, four in Sabah and 15 in Sarawak. -
Deepening the Culture of Fear the Criminalization of Peaceful Expression in Malaysia
Deepening the Culture of Fear The Criminalization of Peaceful Expression in Malaysia Copyright © 2016 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-6231-34112 Cover design by Rafael Jimenez Human Rights Watch defends the rights of people worldwide. We scrupulously investigate abuses, expose the facts widely, and pressure those with power to respect rights and secure justice. Human Rights Watch is an independent, international organization that works as part of a vibrant movement to uphold human dignity and advance the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Sydney, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org OCTOBER 2016 ISBN: 978-1-6231-34112 Deepening the Culture of Fear The Criminalization of Peaceful Expression in Malaysia Map .................................................................................................................................... i Glossary of Terms and Acronyms ........................................................................................ ii Summary ........................................................................................................................... 1 Communications and Multimedia Act ................................................................................. -
SUARAM, Malaysia Protect, the Citizens of Malaysia
Dark Days and Darker Nights A Malaysian Story of National ‘Security’ By Chew Chuan Yang, Documentation In their haste to ‘safeguard’ Malaysia & Monitoring Coordinator, and Sevan from these perceived threats, they Doraisamy, Executive Director, inadvertently hurt the ones they seek to SUARAM, Malaysia protect, the citizens of Malaysia. As we enter into the final quarters of The Internal Security Act of 2015, we find ourselves in a world that 1960 can be considered as the most peaceful era thus far in human history. Yet, within Throughout our history, Malaysia was this tranquillity, we have witnessed the in no way a stranger to such draconian rise of the Islamic State and various laws. The Internal Security Act 1960 terror organisation that are wreaking (ISA), a law made to combat the rise havoc among innocent civilians; we of communists and eventually used to have witnessed the cruelty and apathy combat political dissent, carved its place of human traffickers exploiting those in Malaysian history and in the psyche who are vulnerable; we have witnessed of Malaysians. It has been three years the despair experienced by refugees since ISA was repealed and we can still who were within reach of safe haven feel its stranglehold on us. and yet denied entry; and we have also witnessed individuals, guilty and innocent Before Malaysians were given time to alike detained without trials on the assess the damage ISA had done to grounds of national security. our hearts and souls, we were caught unaware with the introduction of two So where does Malaysia stand in this new legislations that sought to replace swirling mass of cruelty and injustice? its predecessor.