The Malaysian government has been responsible for a series of human rights violations in the incidents leading up to and following the arrest of former Deputy Prime Minister Anwar Ibrahim. Those violations, and what concerned individuals can do in response, are outlined below.

I. THE HUMAN RIGHTS VIOLATIONS INVOLVED

Use of the Internal Security Act (ISA)

This law, a holdover from the British colonial administration, violates human rights intrinsically because of the broad powers given security forces and the fact that a person detained under the ISA can be held indefinitely without charge or trial. The Malaysian government has used the ISA in the past to detain suspected political opponents, including those held during the crackdown known as "Operasi Lalang" in 1987-88 and prominent politicians from Sabah in 1990. Anwar Ibrahim was held under ISA detention from September 20 until October 14 when he was remanded to prison to await trial. Despite the fact that the ten charges against him are all bailable offenses, the government appears to be keeping Anwar in custody to deny him the ability to speak out freely and to meet with supporters.

The ISA contravenes basic principles of international human rights law, and in particular Art 9 of the Universal Declaration of Human Rights, that states: "No one shall be subjected to arbitrary arrest, detention or exile." Mr. Anwar is going to be tried on sodomy and corruption charges. His first trial, on four counts of corruption, has been scheduled from November 2-14. Many potential witnesses remain under ISA detention. The Malaysian government has announced that foreigners will be welcome to attend the trial, but that no one will be granted observer status as such, meaning none of the representatives of embassies or international human rights organizations will have privileged access to what is certain to be a very crowded courtroom.

Excessive Use of Force

Evidence and testimony indicate that Anwar and detained supporters have been beaten by police, denied sleep and subjected to threats or other psychological abuse. Mr. Anwar's black eye and bruised arm have generated international outrage and suggest that arresting officers violated a key principle of the United Nations Code of Conduct for Law Enforcement Officers, namely that "Law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty."

Moreover, the first principle of the U.N."Body of Principles for the Protection of All Persons under Any form of Detention or Imprisonment" states that "All persons under any form of detention or imprisonment shall be treated in a humane manner and with respect for the inherent dignity of the human person." Principle 6 states, "No circumstance whatever may be invoked as a justification for torture or other cruel, inhuman or degrading treatment."

Prime Minister Mahathir has ordered an investigation into the treatment of Mr. Anwar, but an independent investigation is also clearly in order.

Violations of the Rights to Freedom of Expression and Assembly

Freedom of expression and assembly, enshrined in the Universal Declaration of Human Rights, have perhaps been hardest hit by recent events in Malaysia. Hundreds of people have been arrested for taking part in "illegal rallies"; one of the largest was on October 17. Besides imposing sweeping bans on public gatherings of persons advocating political reform, police have forbidden Dr. Wan Azizah, Anwar's wife, from addressing public meetings. They have also threatened to arrest her for statements she made in an interview in September expressing the fear that Anwar might be injected with HIV while in custody to "prove" charges of homosexuality. International journalists who interviewed her were visited in Singapore by Malaysian police as part of an investigation of Wan Azizah on possible sedition charges. Police have also threatened to arrest persons who have repeated these fears on Internet sites.

Authorities have announced surveillance of all Internet communications regarding the arrest of Anwar and have placed restrictions on the content of internet messages. In a case unrelated to the Anwar arrest but one that has major implications for it, they have also begun the first prosecutions of persons alleged to have misreported information over the Internet. Malaysian officials have lashed out repeatedly at the foreign press for appearing to back Anwar. On October 6, the pro-government New Straits Times urged Malaysian authorities to detain reporters working for foreign media under the ISA and forbid Malaysian companies from advertising with media companies if they failed to be "fair" to Mahathir.

Violations of the Right to Freedom of Association

The Malaysian University Act forbids students from participating in opposition politics. In September, Education Minister Datuk Seri NajibTun Razak announced that the ministry was monitoring students involved in Anwar's "reformasi" or reform movement, the general objective of which was to reduce corruption in government. Student supporters from the Mara Institute of Technology (IT) were threatened with expulsion and blacklisting from government educational institutions for being involved in Anwar's campaigns. Six students of Universiti Utara Malaysia were arrested and subsequently suspended for involvement in political activity related to a September parliamentary by-election.

Sodomy Laws: Violations of the Right to Privacy and Freedom from Discrimination

Article 17 of the International Covenant on Civil and Political Rights promises that "no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home, and correspondence, nor to unlawful attacks on his honour and reputation;" and that "everyone has the right to the protection of the law against such interference or attacks."

The public vilification, arrest and prosecution of Anwar and his associates in connection with allegations of homosexual activity also highlight another important threat to human rights. We have no idea whether there is any substance to the allegations made about Mr. Anwar's sexual activities. We do know that there is a human rights problem with so-called "sodomy laws" more generally. Those laws violate international standards prohibiting discrimination and restricting a government's interference with the right to privacy. A now-substantial body of international law affirms unequivocally that laws criminalizing consensual, private sexual acts between adults are a flagrant violation of human rights protections. Neither public morality nor any political exigency can override the right of anyone to sexual privacy.

II. WHAT CAN YOU DO?

Human Rights Watch advises concerned individuals to send letters to the Malaysian authorities calling for the repeal of the ISA and for the release of all prisoners held for the peaceful expression of their political beliefs; all other detainees should be charged before a court of law and brought promptly to trial.

• Writers should seek assurances from the Malaysian government that there will be no further political crackdown on supporters of the reform movement, opposition parties or NGO activists. Blanket bans on demonstrations, such as those imposed by the Malaysian police on reform movement rallies, are a violation of the rights to freedom of expression and freedom of association, and should be lifted.

• Malaysian authorities should be urged to take immediate steps to stop excessive use of force by police and to discipline those responsible for abuse.

  The voice of the international community is also important. Concerned individuals living outside Malaysia should raise these concerns to their own governments through parliamentarians (in the U.S., members of Congress). Letters of protest can also be sent to Malaysian diplomatic missions abroad.

  Pressure can also be brought to bear on Malaysia through the international financial community, which should be urged to press for greater openness in Malaysia and an end to the use of security laws to punish Malaysians citizens critical of Prime Minister Mahathir's economic policies. World Bank President James Wolfensohn's condemnation of Anwar's arrest was very important in this regard. Events leading up to the APEC (Asia-Pacific Economic Cooperation Forum) ministerial meeting on November 14-15 , provide an ideal forum in which criticism of the human rights violations surrounding the arrest can be raised.

• Deputy finance ministers of APEC due to meet in Kuala Lumpur on November 5-6 should be asked to raise questions about the arrest of Anwar (who was also Malaysia's former finance minister) and the welfare of other detainees. Mr. Anwar will be on trial then; it would be useful for all APEC member countries to send diplomatic representatives as observers to the trial.

• Heads of state from APEC countries should make a point of using the APEC summit on November 17-18 to publicly denounce the arrest of Anwar Ibrahim under the ISA, urge the release of anyone detained for peaceful political activity under the ISA, and call for the lifting by Malaysia of all restrictions on the rights to freedom of expression and association. Participating government officials could take other steps, such as visiting Dr. Wan Azizah as a gesture of support.

  If there are peaceful demonstrations during the APEC meetings that are suppressed by the Malaysian authorities, APEC delegates should strongly protest, privately and publicly, restrictions on the rights of free expression and assembly.

• Trade associations and business leaders going to Kuala Lumpur for APEC-related activities should also express their concern about the human rights situation and continuing instability.

CONTACT INFORMATION

Datuk Seri Dr. Mahathir Mohammad
Prime Minister's Department
Jalan Dato Onn
50502 Kuala Lumpur, Malaysia
Fax: 60-3-2984172, 2383784

Datuk Mokhtar Abdullah
Attorney General's Chambers
Jabatan Peguam Negara Malaysia,
Tingkat 20, Bangunan Bank Negara Malaysia
Jalan Tangsi,
Kuala Lumpur, Malaysia
Fax: 60-3-2984172

Tan Sri Rahim Noor,
Inspector-General of Police
Ibu Pejabat Polis Persekutuan,
Bukit Aman,
Kuala Lumpur, Malaysia
Fax: 603-2910707

Mr. Kofi Annan
Secretary-General of United Nations
D-519 Palais des Nations
Geneva 10, Switzerland
Fax: 41 - 22 - 917 0022 (Hotline - Human Rights)

Mary Robinson
Office of the United Nations High Commissioner for Human Rights
Palais des Nations, 8-14 avenue de la Paix
CH 1211 Geneva 10, Switzerland
Telephone number: (41 22) 9173456
Fax number: (41 22) 9170213
E-mail: webadmin.hchr@unog.ch

Kapil Sibal, Chair
Working Group on Arbitrary Detention
c/o Centre for Human Rights
Palais des Nations
8-14, avenue de la Paix
1211 Geneva 10 , Switzerland
fax to: (41-22) 917.01.23,
email: webadmin.hchr@unog.ch

MALAYSIAN EMBASSIES

AUSTRALIA
High Commission of Malaysia
7, Perth Avenue,
Yarralumla,
Canberra ACT 2600,
Australia.
Tel:(06) 273 1543; (06) 273 1544; (06) 273 1545
Fax: (06) 273 2496

CANADA
High Commission of Malaysia
60 Boteler Street,
Ottawa, Ontario,
K1N 8Y7, Canada.
Tel: (1613) 241 5182; (1613) 241 5206; (1613) 241 5210
Fax: (1613) 2415214

GERMANY
Embassy of Malaysia
Mittelstrasse 43,
53175 Bonn.
Tel: (0228) 30803-0
Fax: (0228) 37 65 84

HONG KONG
Commission of Malaysia
25th Floor, Malaysia Building,
50 Gloucester Road,
Wanchai, Hong Kong.
Tel: (852) 252 70921
Fax : (852) 286 516285

INDIA
High Commission of Malaysia
50 M, Satya Marg.,
Chanakyapuri,
New Delhi 110 021
Republic of India.
Tel: (9111) 601 291; (9111) 601 292; (9111) 601 296; (9111) 601 297
Fax: (9111) 688 1538

NEW ZEALAND
High Commission of Malaysia
10, Washington Avenue,
Brooklyn,
P.O.Box 9422 Wellington,
New Zealand
Tel:(644) 385 2439, 385 2019
Fax:(644) 385 6973

SINGAPORE
High Commission of Malaysia
268, Orchard Road, Annex Block,
Singapore 238856,
Republic of Singapore.
Tel:(02) 235 0111; (02) 2350223; (02) 2350534; (02) 2350667;(02) 2350990
Fax: (02) 733 6135

UNITED KINGDOM (Including Ireland)
High Commission of Malaysia
45 - 46 Belgrave Square,
London SWIX 8QT.
Tel: (171) 235 8033
Fax: (171) 235 5161

UNITED STATES OF AMERICA
Embassy of Malaysia
2401 Massachusetts Avenue, N.W.,
Washington, D.C. 20008.
Tel: (1202) 328 2700
Fax: (1202) 483 7661

Permanent Mission of Malaysia to the United Nations
and other International Organizations
42, Rue de Lausanne,
1201, Geneva
Switzerland.
Tel: (022)32-83-40, 32-10-77

SELECTED ADDRESSES FOR APEC MEMBERS

Australia
Director, Regional Economic Section,
APEC Branch, Economic & Trade Development Division,
Department of Foreign Affairs & Trade,
Canberra ACT 2600
Telephone: 61-2-6261-2150
Fax: 61-2-6261-3009.

Canada
Director, Asia Pacific Regional Coordination Div,
Department of Foreign Affairs & International Trade,
Lester B. Pearson Building, 125
Sussex Drive, Ottawa, Ontario K1A 0G2
Telephone: 1-613-996-0980
Fax: 1-613-944-2732.

Hong Kong
Assistant Director-General of Trade Regional Cooperation,
Trade Department, Government of Hong Kong Special Administrative Region,
18/F, Trade Department Tower
700 Nathan Road, Kowloon
Tel: 852-2398-5305
Fax: 852-2787-7799

Indonesia
Director of Economic Relations Among Developing Countries,
Department of Foreign Affairs,
Jalan Pejambon No. 6, Jakarta Pusat 10110;
Telephone: 62-21-381-1083
Fax: 62-21-384-4867

Japan
Director, Developing Economies and APEC Division,
Economic Affairs Bureau, Ministry of Foreign Affairs,
2-2-1, Kasumigaseki,
Chiyoda-ku, Tokyo 100;
Telephone: 81-3-3581-5794
Fax: 81-3-3592-0504

Republic of Korea
Director, Regional Economic Cooperation Division 1,
Ministry of Foreign Affairs,
146-1 Susong Dong, Chongro-ku,
Seoul 110-755.
Telephone: 82-2-738-4380-1
Fax: 82-2-733-7588

Malaysia
Director, APEC Affairs,
Ministry of International Trade and Industry,
3rd Floor, Block 10, Government Complex,
Jalan Duta, 50622 KualaLumpur;
Telephone: 60-3-651-0033
Fax: 60-3-653-1293

New Zealand
Director, APEC Division
Ministry of Foreign Affairs & Trade
Private Bag 18901, Wellington;
Telephone: 64-4-473-2055
Fax:64-4-473-2124

Republic of the Philippines
Office of Undersecretary for International Economic Relations,
Department of Foreign Affairs
9/F, 2330 Roxas Boulevard, Pasay City
Telephone: 63-2-834-4000 loc. 3100; 833 3213;
Fax: 63-2-834-1451
E-mail: dfalpolrgm@fa.attmail.com

Singapore
Director, Trade Policy, Ministry of Trade and Industry,
100 High Street #09-01, The Treasury , Singapore 179434
Telephone: 65-323-9249
Fax: 65-334-8135

Thailand
Director-General, Department of Economic Affairs,
Ministry of Foreign Affairs
Saranrom Palace, Sanarmchai Road, Bangkok 10200
Telephone: 66-2-225-7385
Fax: 66-2-226-1841

United States of America
Director, Office of Economic Policy,
Bureau of East Asian and Pacific Affairs,
U.S. Department of State, 2201 C Street, N.W., Washington,
D.C. 20520 Telephone: 1-202-647-4835
Fax: 1-202-647-0136

ASEAN Observer:

Association of South East Asian Nations (ASEAN)
Secretary General, ASEAN Secretariat,
70A Jalan Sisingamangaraja, P O Box 2072
Kebayoran Baru, Jakarta, Indonesia
Telephone: 6221-726-2991
Fax: 6221-739-8234