When Abdullah Badawi took over from Prime Minister Mahathir Mohamad in October 2003, Malaysia’s first change in leadership in more than two decades, he sounded themes of democracy, good governance, and human rights in his inauguration speech. The new administration, however, has yet to take significant steps toward dismantling Malaysia’s legal framework of repression. Prominent human rights concerns in Malaysia include arbitrary detention of alleged militants under the Internal Security Act (ISA); severe restrictions on media freedom; constraints on judicial independence; and abuses against refugees and migrants.
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- Arbitrary Detention of Alleged Islamic Militants
- Restrictions on Media Freedom
- Independence of the Judiciary
- Refugees and Migrants
- Key International Actors
Arbitrary Detention of Alleged Islamic Militants
As of January 2004, the Malaysian government was holding roughly 100 alleged Islamic militants under the draconian Internal Security Act. The ISA was passed in 1960 to deal with a communist insurgency, and has been used in the decades since to crack down on political opposition and peaceful dissent. Under the ISA, the government has the power to hold an individual indefinitely without trial, and access to legal counsel is limited. In August 2001, the government began rounding up individuals who the government claimed were members of the shadowy militant movement, Jemaah Islamiyah (JI), allegedly linked to the al-Qaeda terror network. The government has yet to produce any evidence proving that any of those detained have actually engaged in illegal activity. In addition, the government has regularly coerced and intimidated those it has detained, and has denied them even the most basic procedural rights.
Restrictions on Media Freedom
Malaysia's media is largely devoid of serious criticism of the government. Malaysians are fed a daily dose of positive news about their government, and senior United Malays National Organisation (UMNO) politicians are unfailingly featured in the day's headlines, always shown in a positive light. The government maintains its control through a network of laws curbing free expression, as well as through direct day-to-day monitoring and control of the media. Opposition politicians and local activists have trouble getting their message out, and strong criticism of government policy almost never makes its way onto the pages of Malaysia's daily newspapers. Television and radio are even more strictly controlled.
Even internet-based news sites, able to operate more freely due to Malaysia's efforts to cast itself as a global center of cyber activity, risk censure or even closure if they step too far out of line. In January 2003, the offices of news website Malaysiakini were raided, and a number of computer processors seized. Although most of the equipment was eventually returned, Malaysiakini still operates under the threat of prosecution; the government has yet to clear it of all charges. The ability of independent media outlets like Malaysiakini to operate without restrictions in the run-up to 2004 elections, which must be called before November, will be an important barometer of press freedom.
Independence of the Judiciary
The Malaysian judiciary has struggled to regain its independence since the so-called "Operation Lalang" crisis of 1988, in which the government removed several senior judges deemed likely to challenge government policies. Time after time, in politically charged cases, Malaysia's judiciary finds in favor of the government. According to several sources, Malaysian judges are pressured by government officials to rule in their favor in certain cases. Judges are aware that their careers will suffer if they fail to play by the rules.
Nowhere is the appearance of impropriety more strong than in the case of former Deputy Prime Minister Anwar Ibrahim. His 1999 trial was marked by a number of irregularities, including coerced confessions and the beating of Anwar himself while he was in custody. Anwar is now serving a nine-year sentence for sodomy and has applied for bail pending appeal. Although the courts have granted bail almost automatically in the past in similar cases, Anwar's request for bail has not yet been granted.
Refugees and Migrants
Because of its economic success, Malaysia has attracted economic migrants from across Asia. Yet despite Malaysia's long history as a preferred destination, the government has denied basic protections to many.
Its treatment of refugees also has fallen far short of international standards. Malaysia has refused to allow the United Nations High Commissioner for Refugees (UNHCR) to process all cases of those seeking its assistance, at times posting police officers outside UNHCR's Kuala Lumpur office in order to bar refugee access. Because Malaysia has neither signed nor ratified the 1951 Refugee Convention, refugees recognized by UNHCR are not protected under Malaysian law. In 2003, the government expelled refugees from the war-torn Indonesian province of Aceh, once again failing to live up to its responsibility to those at risk.
Key International Actors
Malaysia's relationship with the United States suffered greatly in the wake of the Anwar affair in 1999, but relations have since improved in light of Malaysia's extensive cooperation with the United States in the post-9/11 "war on terror." American officials have praised Malaysia extensively for its anti-terror actions, and have established an ongoing working relationship on counterterrorism with the Malaysian government. The relationship was solidified in May 2002, when then-Prime Minister Mahathir was invited to the White House for the first time since Anwar's trial. During the visit, President Bush praised the Prime Minister, thanking him for "his strong support in the war against terror" and calling Malaysia a "beacon of stability." This closeness has come despite the fact that Malaysia has disregarded basic human rights protections in pursuing alleged militants.
ASEAN countries have taken similar steps to increase their cooperation on counter-terrorism, with Malaysia often leading the way. The regional Southeast Asia Regional Center for Counter-Terrorism (SEARCCT) was established in Kuala Lumpur in 2003, and a number of governments have participated in technical counter-terrorism training there. Future cooperation with Malaysia on counter-terrorism should be premised on respect for human rights, and Malaysia's Southeast Asian neighbors should press the Malaysian government to end its reliance on the ISA as a tool for dealing with alleged militants.
For recent human rights developments, please see http://hrw.org/doc?t=asia&c=malays