Malaysia Tier 2
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MALAYSIA TIER 2 KEY FINDINGS During 2017, in the lead-up to general elections expected discriminatory trends to protect the country’s multireligious in 2018, Malaysia’s government and certain nonstate actors heritage, but they faced legal ambiguity between the country’s restricted expression, cracked down on critics, and used reli- civil and Shari’ah courts and other structural roadblocks at gion as a political tool. State and nonstate actors employed the state and federal levels that diminish legal protections for censorship, threats, and criminal penalties to silence dissent, ethnic and religious minorities, including indigenous persons. and coordinated with religious authorities to influence social During the year, these obstacles manifested in threats against norms of what it means to be a good Muslim (such as dic- atheists, ongoing legal battles regarding the conversion of tating appropriateness in attire, food, and interactions with minors and the right of non-Muslims to use the word “Allah,” non-Muslims). The Malaysian government’s tightening grasp— and additional attempts to strengthen punishments under the bolstered by some religious authorities who are driving a more Islamic penal code. Based on these concerns, in 2018 USCIRF conservative interpretation of Islam—threatened the religious again places Malaysia on its Tier 2, where it has been since freedom and related human rights of non-Muslims, non-Sunni 2014, for engaging in or tolerating religious freedom violations Muslims, and atheists and other nonreligious persons, as well that meet at least one of the elements of the “systematic, as Sunni Muslims who wished to practice Islam in their own way. ongoing, egregious” standard for designation as a “country of In 2017, Malaysian lawyers, nongovernmental organizations particular concern,” or CPC, under the International Religious (NGOs), and others fought back against these restrictive and Freedom Act (IRFA). RECOMMENDATIONS TO THE U.S. GOVERNMENT • Ensure that human rights and freedom of the International Convention on the • Encourage the Malaysian government religion or belief are pursued consistently Elimination of All Forms of Racial Dis- to establish or support independent and publicly at every level of the U.S.-Ma- crimination (without reservations), and institutions, such as the judiciary, laysia relationship, including in the the 1951 Refugee Convention and its Office of the Attorney General, and Comprehensive Partnership and other 1967 Protocol; law enforcement, and to address the discussions related to military, trade, or • Urge the Malaysian government to sub- human rights shortcomings of the economic and security assistance, and stantively amend or repeal the Sedition parallel civil-Shari’ah justice systems, in programs that address freedom of Act and cease the arrest, detention, in order to guarantee that everyone speech and expression and civil society and prosecution of individuals under residing in Malaysia, regardless of development, among others; the act, and to review other laws that ethnicity or religion, enjoys freedom of • Press the Malaysian government to limit freedom of religion or belief, religion or belief; and bring all laws and policies into confor- opinion and expression, association • Apply the Global Magnitsky Human mity with international human rights and peaceful assembly, and the press; Rights Accountability Act, Execu- standards, especially with respect to • Urge the Malaysian government to tive Order 13818, or other relevant freedom of religion or belief, freedom cease the arrest, detention, or forced targeted tools to deny U.S. visas to and of assembly, and freedom of religious “rehabilitation” of individuals involved block the U.S. assets of specific officials expression, including the rights to in peaceful religious activity, such as and agencies identified as responsible use the word “Allah” and to possess members of Shi’a Muslim, Ahmadiyya, for violations of the right to freedom of religious materials; Baha’i, and Al-Arqam groups, among religion or belief. • Encourage the Malaysian government others, and to release uncondition- to become party to the International ally those detained or imprisoned for Covenant on Civil and Political Rights, related charges; 190 USCIRF | ANNUAL REPORT 2018 TIER 2 TIER MALAYSIA COUNTRY FACTS FULL NAME RELIGIOUS DEMOGRAPHY* Malaysia 61.3% Muslim 19.8% Buddhist GOVERNMENT 9.2% Christian Federal Constitutional Monarchy 6.3% Hindu POPULATION 1.3% Confucian, Taoist, and other traditional Chinese religions 31,382,000 0.4% Other 0.8% None GOVERNMENT-RECOGNIZED RELIGIONS/FAITHS Islam (official state religion); other religious groups may be granted registration, excluding those deemed “deviant” *Estimates compiled from the CIA World Factbook BACKGROUND Malaysia in 2017 was no different. In 2017, Prime Malaysia is ethnically, religiously, culturally, and Minister Najib Razak’s United Malays National linguistically diverse, but that diversity has not always Organization (UMNO), the leading party in the Bari- translated into tolerance across, or even within, san Nasional (BN) ruling coalition, continued to court groups. For example, some Malay Sunni Muslims the Pan Malaysian Islamic Party (PAS), an Islamist (the majority ethnicity and faith) have previously party formerly aligned with the opposition. Legisla- shared with USCIRF that they feel like a minority tive measures to strengthen punishments under the within the majority after being pressured to practice Islamic penal code, hudood, were the main vehicle their faith or express their devotion contrary to their of their courtship as PAS continued its pursuit of own conscience. According to SUARAM, an indepen- state- and federal-level changes (see the section on dent Malaysian organization that advances civil and hudood below). political rights, intolerance toward and harassment The United Nations Special Rapporteur on of religious minorities by state and nonstate actors cultural rights assessed conditions during her Sep- increased in 2017. Religious groups deemed “deviant,” tember 2017 visit to Malaysia. With respect to freedom such as the Shi’a Muslim, Ahmadiyya, Baha’i, and of religion or belief, her press release and end of Al-Arqam groups, are banned. The government- or mission statement noted concerns about reports of state-level Shari’ah courts can force individuals con- spreading Islamization, Shi’a Muslims’ diminished sidered to have strayed from Sunni Islam—including religious rights, support for stricter punishments those from “deviant” sects or converts from Islam— under Shari’ah law, and official and societal forms of into detention-like camps known as “rehabilitation” discrimination against atheists and nonbelievers. She centers and/or prosecute them for apostasy, which is also expressed concern about the influence of “a hege- punishable by prison terms or fines. monic version of Islam imported from the Arabian Malaysia’s next general elections must be held by Peninsula,” in part referring to the close ties between August 2018. Elections around the world commonly Malaysia and Saudi Arabia. create a natural breeding ground for some stake- The Malaysian government also has targeted human holders to manipulate religion for political gain, and rights advocates. In one example, in February 2017, a USCIRF | ANNUAL REPORT 2018 191 TIER 2 TIER MALAYSIA Malaysian court convicted human rights activist Lena to investigate. The laundromat reversed its ban, as did Hendry for screening a documentary film about human another laundromat in Perlis State with a similar ban rights abuses in Sri Lanka, that changed its policy imposing a fine equivalent after a meeting with local to approximately $2,500. The public displays of intolerance prompted officials, including the She was convicted under all nine of Malaysia’s sultans . to issue state’s mufti. The public the Film Censorship Act a rare joint statement that both criticized displays of intolerance 2002, but supporters believe divisive acts in the name of Islam and prompted all nine of the government targeted encouraged unity and harmony. Malaysia’s sultans—the her because of her human titular heads of their rights advocacy work and respective states—to connection to a local human rights organization. issue a rare joint statement that both criticized divi- sive acts in the name of Islam and encouraged unity RELIGIOUS FREEDOM CONDITIONS 2017 and harmony. Discrimination against Non-Muslims and Throughout 2017, authorities made little prog- Non-Sunni Muslims ress investigating several mysterious disappearances. Malaysians generally are free to worship, but minorities The most prominent case was of evangelical Pastor often experience discrimination related to their faith, Raymond Koh, whom masked assailants abducted in and some have difficulties accessing religious materials, February 2017. Religious authorities previously had such as Bibles, and obtaining government permission harassed Pastor Koh after suspecting him of convert- to build houses of worship. In previous years, vandals ing Muslims to Christianity. In June 2017, Malaysia’s have attacked houses of worship, such as Hindu temples government-appointed Human Rights Commission— and Christian churches, and some individuals have known by its acronym, SUHAKAM—announced it objected to religious iconography displayed outside would investigate Pastor Koh’s disappearance, as well Hindu and Buddhist temples. The constitution defines as the November 2016 disappearances of Amri Che ethnic Malays—the majority