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). First Report (May 1, 2011 to March 15, 2012) Joint urgent appeal, 07/07/2011. Case no. MYS 6/2011. State Reply: 10/08/2011. Alleged harassment, intimidation, arrest or questioning by police of members and supporters of the Coalition for Fair and Free Elections (Bersih). Joint urgent appeal, 28/07/2011. Case no. MYS 7/2011. State Reply: 24/04/2012. Court order allegedly... Continue reading →
GENEVA – Malaysia must protect all of its human rights defenders instead of targeting them under national security legislation, said today a group of United Nations human rights experts*. Their call comes after weeks of heightened pressure on BERSIH 2.0 – a coalition of civil society organizations campaigning for clean and fair elections – and the organizers of the Bersih 5 rally, held in three cities across Malaysia on 19 November 2016. “We are particularly concerned at the arrest of Maria Chin Abdullah, the Chairperson of BERSIH 2.0, on 18 November 2016 and her subsequent detention under the Security Offences Special Measures Act 2012 (SOSMA),” the experts said. SOSMA specifically states that no individual will be arrested under the law for ‘political activity’ or ‘belief’ and that its use is strictly restricted to matters pertaining to public order and national security. “Although Ms. Chin Abdullah has now been released, the detention of a prominent woman human rights defender under SOSMA sets a troubling precedent, by suggesting that democratic participation can be a threat to national security,” they cautioned. “Her arrest will clearly have a chilling effect on civil society participation”. Ms. Chin Abdullah, who was the first peaceful activist to be detained... Continue reading →
Issue No. 8 of the Assembly and Association Briefing, the newsletter of Maina Kiai, UN Special Rapporteur on the rights to freedom of peaceful assembly and of association. In this issue: • Special Rapporteur tells UN General Assembly that rights to peaceful assembly and association must also be protected at multilateral level • Kiai to OSCE states: restrictions on assembly and association rights contribute to rise of extremism • Malaysia Sedition Act threatens freedoms • Experts: Coordinated, multipronged approach needed to inject international standards into domestic and regional courts • UN experts urge Ethiopia to stop using anti-terrorism legislation to curb human rights • Freedom of association and assembly: By the numbers • Special rapporteur news in brief: September-October 2014 • World briefing: Freedom of assembly and association in the news For a link to the newsletter, click on the image at right or click here (1.9MB file) or here (7.3MB full resolution file). To subscribe to our newsletter, please drop us a line at info@freeassembly.net with the subject line “subscribe to newsletter.” For other recent newsletters, see the links below: The Assembly and Association Briefing, Vol. 1, Issue 5 (June 2014) The Assembly and Association Briefing, Vol. 1, Issue 6... Continue reading →
GENEVA – A group of United Nations human rights experts* urged Malaysia to withdraw the Sedition Act of 1948, after receiving allegations of increasing criminalisation of criticism of the government or its officials. “The Sedition Act is reportedly used in a way that prevents Malaysians from expressing and debating, freely and openly, a diverse range of political opinions and ideas,” the experts said. The 1948 Act, which carries sentences of up to three years in jail and five for recidivists, outlaws vague offenses, such as expressing ‘any seditious words’ or act with ‘seditious tendency’ that incite hatred or disaffection of the government or the judiciary, promotes hostility between different races or classes, or question any right, privilege, sovereignty prerogative stated in some parts of the Constitution. Independent experts from the UN Human Rights Council have received reports of at least 23 recent cases of persons charged with sedition -including elected members of Parliament, politicians, human rights defenders, academics, lawyers, students and journalists- for publishing or disseminating information and ideas through the Internet or traditional media. It has been reported that the Sessions Court allowed an application by one of the persons charged with sedition to... Continue reading →
• 1,000 troops seal off one of Bangkok’s busiest intersections to prevent a protest, as deputy national police chief says protests will no longer be allowed. “We have to keep the law sacred,” he says. (ABC News) • Cambodian court convicts 25 for "acts of violence" during garment strikes - then frees them (Reuters). Related: Jeans maker Levi-Strauss reduces sourcing from Cambodia to "minimize supply-chain risk." (just-style.com) • The Economist predicts Brazil protests unlikely to disrupt the World Cup, but an early exit for the national team could spur unrest. “Social movements are quietly cheering for Brazil to lose,” remarks one activist, “even to arch-rival Argentina.” • War widows from Libera’s 14 years of conflict protest for benefits. (ABC News) • Earlier this week: Oxfam’s former head of counter-fraud jailed for stealing from charity. Pled guilty in March to making £64,612.58 in payments to fictitious firms. (Civilsociety.co.uk) • Human Rights Watch’s Phil Robertson: US diplomats should speak up on Malaysia human rights abuses (The Malaysian Insider). Also from HRW: Kyrgyzstan should reject trio of repressive legislative proposals: A “foreign agents” law for NGOs accepting foreign money, a bill criminalizing “homosexual propaganda,” and new... Continue reading →
Issue No. 4 of the Assembly and Association Briefing, the newsletter of Maina Kiai, UN Special Rapporteur on the rights to freedom of peaceful assembly and of association. In this issue: • UN Releases Special Rapporteur Kiai’s latest report on groups ‘most at risk’ • Kiai joins UN experts in urging Azerbaijan to drop charges against human rights defenders • OSCE civil society says ‘political will’ a major obstacle in protecting right to funding • Three years after Tunisia: Thoughts on the rights to freedom of assembly and association from Maina Kiai • Narrowing space in Canada: A video from Maina Kiai • Freedom of association and assembly: By the numbers • Special rapporteur news in brief: April and May 2014 • World briefing: Freedom of assembly and association in the news For a link to the newsletter, click on the image at right or click here (1 MB file) or here (5.3 MB full resolution file). To subscribe to our newsletter, please drop us a line at info@freeassembly.net with the subject line “subscribe to newsletter.” For other recent newsletters, see the links below: The Assembly and Association Briefing, Vol. 1, Issue 1 (Jan. 2014) The Assembly and Association Briefing, Vol. 1, Issue 2 (Feb-March 2014) The Assembly and... Continue reading →
A piece by Maina Kiai has been featured today in the Guardian's Poverty Matters blog. As he prepares to present his latest report -- which is on the freedoms of peaceful assembly and of association in the context of elections -- to the UN General Assembly in New York, Kiai argues that the international community should stop endorsing flawed elections that amount to "civilian coups." He calls upon UN member states to improve their efforts to facilitate and protect assembly and association rights during all phases of elections. Click here for a link to the... Continue reading →
A group of United Nations human rights experts, including Maina Kiai, 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, scheduled to take place by April 2013. The UN independent experts on human rights defenders, freedom of peaceful assembly and freedom of expression urged the authorities to protect effectively one of the directors of the Coalition for Clean and Fair Elections (Bersih), Ambiga Sreenevasan, and other Bersih members, against acts of harassment and intimidation by various groups of individuals. Ms. Sreenevasan has been the subject of credible threats against her life in the past months. She has been labelled by various groups as an enemy of the State and a traitor, who should be expelled from the country, because of her advocacy work with Bersih calling for reform of the electoral process. Effigies of Ms. Sreenevasan were also burned. Recently she had to cancel her participation in a public event because of fears for her safety. “I am seriously concerned by these disturbing acts of harassment against a prominent woman human rights defender who is being targeted because of her legitimate human rights activities... Continue reading →
A group of United Nations independent experts warned that a new Peaceful Assembly Bill in Malaysia may “arbitrarily and disproportionately restrict the right to assemble peacefully.” The restrictions range from a ban on street protests and a prohibition on non-citizens and citizens under 21 years of age to assemble peacefully, to conditional access for media to public gatherings. “Many of these restrictions are not justifiable under international law,” said the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai, expressing his deep regret that “neither the Human Rights Commission of Malaysia (SUHAKAM), nor civil society was meaningfully consulted in the drafting of this Bill.” According to the proposed legislation, which contains a vague definition of assembly, there would also be broad restrictions and conditions on gatherings and a restrictive notification procedure. The Bill gives excessive authority and power to law enforcement officials and the Minister in charge of home affairs on matters related to assemblies, as well as full discretion to the police to make any form of recording of assemblies. “The right to assemble and protest peacefully is an essential safeguard for the defence of human rights and fundamental freedoms in any... Continue reading →
