This page summarizes cases raised with Malaysia by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Malaysia.
Communications and observations are divided into sections based upon which observation report they originally appeared.
Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available).
Summaries and communications are published only in the language of submission (in the case of Malaysia, English).
Observations
The Special Rapporteur thanks the Government of Malaysia for having replied to all communications sent during the reported period. He remains nevertheless concerned by repeated allegations that those peacefully exercising their rights to freedom of peaceful assembly and association face undue restrictions, as echoed in a press release dated 7 December 2011 issued by four special procedures mandate holders.
The Special Rapporteur is concerned that, according to the Government‟s response, a demonstration of members and supporters of the Coalition for Fair and Free Elections (Bersih) was prevented on the sole basis that an opposite group wanted to demonstrate on the same day and at the same location. When there is still credible information that a violent counter-demonstration may take place, greater efforts are required to ensure adequate protection for the members of the first assembly planned. In this connection, the State has a positive obligation to ensure that the right of peaceful assembly is protected against any disruption or provocation.
Given the repeated allegations of acts of harassment and intimidation, the Special Rapporteur recommends the Government to immediately put in place an enabling and safe environment allowing individuals to exercise their legitimate freedoms of peaceful assembly and association without undue hindrances. A thorough and independent investigation into any allegations of any alleged human rights violations, including acts of intimidations or harassments, committed against those exercising their rights to freedom of peaceful assembly and of association, should be conducted; those responsible should be held accountable; and victims should be provided with full redress.
The Special Rapporteur thanks the Government for the information it transmitted with regard to the new legislation. He nevertheless remains concerned about numerous provisions of this law, as identified in the communication he sent. He renews its availabilities to provide any technical support and assistance needed to ensure that the legal framework related to peaceful assemblies and its implementation meet international law standards.
The Special Rapporteur refers again to Human Rights Council resolution 15/21, and in particular operative paragraph 1 that “[c]alls upon States to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur reminds the Government of Malaysia of his country visit request sent in September 2011, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks, to provide all necessary information requested by him or her, … and to consider favourably his or her requests for visits”.
Observations
The Special Rapporteur thanks the Government of Malaysia for having replied to four of his communications sent during the reported period, but regrets that his communications dated 12 and 14 February 2013 remain unanswered at the time of drafting the present report. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerns raised in these communications due to the grave nature of the allegations received.
The Special Rapporteur further urges the authorities to ensure that no individual is criminalised for the exercise of his or her legitimate fundamental freedoms. He also urges the authorities to take all relevant measures to ensure that any individual and legal entity can peacefully exercise their rights of freedom of peaceful assembly and of association. He recommends that the Government put in place an enabling and safe environment allowing individuals to exercise their legitimate freedoms without undue hindrances. A thorough and independent investigation into any allegations of any alleged human rights violations, including acts of intimidations or harassments, committed against those exercising their rights to freedom of peaceful assembly and of association, should be conducted; those responsible should be held accountable; and victims should be provided with full redress.
While welcoming the fact that the Companies Commission of Malaysia and the Registrar of Societies ended their investigations on SUARAM in the absence of conclusive elements, the Special Rapporteur remains concerned about the latest investigations launched against SUARAM under the Peaceful Assembly Act. He calls on the authorities and other stakeholders, including the media, to respect the legitimate work of SUARAM.
In a press statement dated 7 June 2012, the Special Rapporteur, jointly with other special procedures mandate holders, “called on the Government of Malaysia and other parties involved to respect and protect the legitimate work of an umbrella group of NGOs campaigning for reform of the electoral process in the lead-up to the general election”4 which took place in early May 2013. In this connection, the Special Rapporteur is concerned about the alleged attacks against human rights defenders following this election, and calls on the authorities to investigate all allegations of human rights violations and bring the perpetrators to justice.
The Special Rapporteur refers to Human Rights Council resolution 21/16, and in particular operative paragraph 1 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur thanks all the stakeholders with whom he met during his academic visit to Malaysia from 6 to 8 September 2012.
Finally, the Special Rapporteur thanks the Government of Malaysia for its invitation to undertake a country visit. He hopes that the Government will eventually agree on dates for the mission to materialize.
Observations
The Special Rapporteur takes note of the acknowledgement of receipt for the communication sent on 16 August 2013. He regrets that, at the time of the finalisation of this report, no substantive response had been transmitted to any of the communications sent during the reporting period. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerns raised in these communications due to the grave nature of the allegations received.
The Special Rapporteur remains seriously concerned about the allegations of harassment and arrest of activists and political leaders who participated in demonstrations in the aftermath of the 2013 national elections. He remains equally concerned about the allegations of reprisals against COMANGO because of their engagement with the UPR process. Furthermore, instances of excessive use of force against protestors, and the arrest and detention of demonstrators and human rights defenders under the Peaceful Assembly Act, are also of serious concern to him. In addition, he remains preoccupied by the situation of Ms. Lena Hendry from Pusat KOMAS, and calls on the authorities to drop all the charges against her.
The Special Rapporteur urges the authorities to ensure that no individual is criminalised for the exercise of his or her legitimate fundamental freedoms. He also urges the authorities to take all relevant measures to ensure that any individual and legal entity can peacefully exercise their rights of freedom of peaceful assembly and of association. He recommends that the Government put in place an enabling and safe environment allowing individuals to exercise their legitimate freedoms without undue hindrances. A thorough and independent investigation into any allegations of any alleged human rights violations, including acts of intimidations or harassments, committed against those exercising their rights to freedom of peaceful assembly and of association, should be conducted; those responsible should be held accountable; and victims should be provided with full redress.
The Special Rapporteur refers to Human Rights Council resolution 24/5, and in particular operative paragraph 1 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur hopes that the Government will eventually agree on dates for an official visit following its invitation extended in 2012.
Observations
Responses to communications
Unlike previous years, the Special Rapporteur regrets that the Government of Malaysia failed to respond to most of his communications. He urges the authorities to comply with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010) on the rights to freedom of peaceful assembly and of association that call upon States to cooperate fully with and assist him in the performance of his mandate and to respond promptly to his communications. In the absence of information to the contrary, the Special Rapporteur concludes that there is substance in the allegations presented in the communications.
Environment in which these rights are exercised
The Special Rapporteur is concerned about the environment in which the rights to freedom of peaceful assembly and of association are exercised and warns against situations that may seriously impair the enjoyment of these rights (A/HRC/20/27, paragraph 20). The cases that have been reported signal judicial harassment of human rights defenders and discrimination practices against members of the Shi’a Muslim community. The Special Rapporteur reiterates that while the State does not have to agree with the opinions and criticisms expressed by people who embrace different convictions or beliefs, it has a positive obligation to ensure the existence of an enabling environment for civil society, in terms of enjoyment of the rights of peaceful assembly and association, so that it may exist, operate and express itself freely and without fear (A/HRC/20/27, paragraph 63).
Sedition Act of 1948
The Special Rapporteur thanks the State for its reply dated 14 October 2014 in relation to the Sedition Act of 1948. While he acknowledges the clarification as to the limitations introduced by the Act to the right to freedom of expression, he reiterates the concerns raised in subsequent communications about indications of unlawful arrests and criminalization of individuals under the provisions of the Act. He fears that what appears to be a shrinking space for critical voices may result in the self-silencing of people wishing to exercise their rights to freedom of peaceful assembly and of association. In his view, vague considerations such as the fight against threats to the “harmony of Malaysia” contribute to exacerbating arbitrary and restrictive interpretations and should be reviewed in accordance with international human rights law and standards. He asks the Government to keep him informed on the outcome of the proceedings and investigations of the individuals mentioned in his communications who were charged under the Act.
In relation to the use of the Internet, the Special Rapporteur calls on the authorities to guarantee an unhampered access to the Internet and echoes Human Rights Council resolution 26/13 on the promotion, protection and enjoyment of human rights on the Internet.
The Special Rapporteur takes this opportunity to call upon Malaysia to refrain from passing or implementing laws, as well as validating practices that seriously impede the enjoyment of fundamental rights. Moreover, he urges the authorities to uphold their international human rights commitments, namely to respect and promote the provisions contained in the Universal Declaration of Human Rights which include the rights to peaceful assembly and association. He reminds the State that according to this Declaration, no restrictions may be placed on the exercise of these rights other than those that are determined by law and that strictly intend to guarantee the respect for the rights and freedoms of others and to meet requirements of morality, public order and the general welfare in a democratic society. He emphasizes that the freedoms are the norm and restrictions are the exception. In this context, he articulates that there should be a presumption in favour of holding peaceful assemblies and associating freely and that security considerations should not be used as a justification for unduly strict rules or interpretations that void the rights to freedom of peaceful assembly and of association. In this regard, he stands ready to provide technical assistance to ensure that State’s normative framework complies with international human rights norms and standards governing freedoms of association and assembly.
Country visit
The Special Rapporteur reminds the Government of his willingness to undertake a country visit to Malaysia, as indicated by his letters on 23 September 2011 and 30 October 2013. He trusts that such a visit would allow him to examine first-hand issues related to his mandate, identify good practices and formulate pertinent recommendations to relevant stakeholders. He looks forward to receiving a positive reply at the earliest possible opportunity. He reiterates that Human Rights Council resolution 15/21, which established his mandate, and 24/5, which renewed it for an additional period of three years, both urge the States to consider his requests for visits favourably.
Observations
Responses to communications
The Special Rapporteur thanks the Government of Malaysia for its response to his communication of 18 August 2015 (MYS 3/2015), but regrets that he has not yet received a response to his other communication sent during the reporting period (MYS 4/2015). He reminds the Government that he considers responses to his communications as an important part of the cooperation of governments with his mandate. He looks forward to receiving detailed responses to the questions raised in this letter, at the earliest possible convenience, in conformity with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010).
The Special Rapporteur reiterates his serious concern about the apparent crackdown on independent voices in the media, including the blocking of access to material on the Internet, as well as about the use of the Sedition Act of 1948 to arrest, detain and charge human rights activists for exercising their rights to freedom of expression and freedom of peaceful assembly, promoting human rights and accountability in Malaysia.
He further reiterates his concern about the charges against Ms. Abdullah which he believes are related to her human rights activism and her exercise of the right to fundamental freedoms of expression, peaceful assembly and association.
He remains concerns at the continued targeting of members of BERSIH 2.0 despite previous appeals from various mandate-holders of the United Nations Special Procedures to your Excellency’s Government to ensure protection and promotion of the rights of the coalition and its members.
In this regard, he wishes to refer to the joint report on the proper management of assemblies he prepared with the Special Rapporteur on extrajudicial, summary or arbitrary executions (A/HRC/31/66), which is highly relevant to the situation in the country.
He also reminds the Government of its positive obligation to ensure that civil society, including human rights defenders, can carry out their legitimate work free in a safe and enabling environment without fear of threats or acts of intimidation and harassment of any sort.
Country visit
The Special Rapporteur reminds the Government of his pending requests to visit Malaysia, as indicated by his letters on 23 September 2011 and 30 October 2013. He trusts that such a visit would allow him to examine first-hand issues related to his mandate, identify good practices and formulate pertinent recommendations to relevant stakeholders. He looks forward to receiving a positive reply at the earliest possible opportunity. He reiterates that Human Rights Council resolution 15/21, which established his mandate, and 24/5, which renewed it for an additional period of three years, both call on States to consider his requests for visits favourably.
Observations
Responses to communications
The Special Rapporteur regrets that he has not yet received a response to his communication sent during the reporting period, and reminds the Government of Malaysia that he considers responses to his communications as an important part of the cooperation of governments with his mandate. He looks forward to receiving detailed responses to the questions raised in this letter, at the earliest possible convenience, in conformity with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010).
The Special Rapporteur reiterates his serious concern over the alleged arbitrary dentition of Ms. Maria Chin Abdullah and the apparent use of “anti-terrorism” provisions to silence dissenting voices and to criminalize the exercise of the rights to peaceful assembly and association.
He also reiterates his serious concern at the harassment and crackdown suffered by the civil society coalition BERSIH 2.0 and its members and supporters, particularly Ms. Maria Chin Abdullah, Ms. Ambiga Sreenevasan, and Mr. Mandeep Singh, seemingly as a result of their peaceful and legitimate activities as human rights defenders and the exercise of their rights to freedom of expression, peaceful assembly and association.
Overall, the Special Rapporteur urges the authorities of Malaysia to protect and promote the rights to free association and peaceful assembly. In this regard, he reminds the Government of its positive obligation to ensure that civil society, including human rights defenders and political activists, can carry out their legitimate work free in a safe and enabling environment without fear of threats or acts of intimidation, harassment or assassination of any sort.
Country visit
The Special Rapporteur reminds the Government of his pending requests to visit Malaysia, as indicated by his letters on 23 September 2011 and 30 October 2013. He trusts that such a visit would allow him to examine first-hand issues related to his mandate, identify good practices and formulate pertinent recommendations to relevant stakeholders. He looks forward to receiving a positive reply at the earliest possible opportunity. He reiterates that Human Rights Council resolution 15/21, which established his mandate, and 24/5, which renewed it for an additional period of three years, both call on States to consider his requests for visits favourably.
For the full reports, containing communications, replies and observations for all countries, see the following links:
Report A/HRC/20/27/Add.3: May 1, 2011 to March 15, 2012
Report A/HRC/23/39/Add.2: March 16, 2012 to February 28, 2013
Report A/HRC/26/29/Add.1: March 1, 2013 to February 28, 2014
Report A/HRC/29/25/Add.3: March 1, 2014 to February 28, 2015
Report A/HRC/32/36/Add.3: March 1, 2015 to February 28, 2016
Report A/HRC/35/28/Add.4: March 1, 2016 to February 28, 2017
