*EPF209 03/05/2002
Excerpt: State Dept. Notes Progress, Continued Problems in Malaysia
(Country Report on Malaysia Human Rights Practices for 2001) (1520)

The Department of State reports that Malaysian government generally respected its citizens' human rights in some areas in 2001, but "its record was poor in a number of other areas."

According to the State Department's Malaysia Country Report on Human Rights Practices for the Year 2001, released March 4, some improvements were seen in the following areas: the impartiality of the judiciary appeared to improve; prison conditions improved slightly; politically motivated, selective prosecution decreased; the threat of slander and libel awards against journalists and media publications diminished; and the government's National Human Rights Commission acted as a credible check on government authority and policy in certain cases.

Nonetheless, the report states that "significant problems remain" in several areas, such as police brutality and restrictions on press freedom.

"Police committed a number of extrajudicial killings ... [and] on occasion tortured, beat, or otherwise abused prisoners, detainees, and demonstrators," the report states.

In addition, the Malaysian police increased their use of the Internal Security Act (ISA) and other statues to arrest and detain many persons in 2001, including members of the political opposition, without charge or trial.

"Prolonged pretrial detention is a serious problem ... [and] detained criminal suspects often were denied access to legal counsel prior to being charged formally," the report continues.

With regard to press freedom, the report states that "government restrictions, pressure, and intimidation led to a high degree of press self-censorship."

The Malaysian government continued to limit the publication of an opposition party newspaper, refused to renew the publication permits of several other political weeklies, and routinely delayed the release of issues of several foreign weekly magazines.

According to the report, the Malaysian government increased restrictions on freedom of assembly and some peaceful gatherings, particularly those organized by the political opposition, in 2001. For example, the report says authorities cracked down on student participation in political activities, and detained several students under the ISA.

The report adds that the Malaysian government continued to enforce policies discriminating against minorities, as well as continued to place restrictions on religious freedom, freedom of movement, and workers rights.

The full report can be found online at:

http://www.state.gov/g/drl/rls/hrrpt/2001

Following is the introduction to the Malaysia Country Report on Human Rights Practices for the Year 2001:

(begin excerpt)

Malaysia

Country Reports on Human Rights Practices - 2001
Released by the Bureau of Democracy, Human Rights, and Labor
March 4, 2002

Malaysia is a federation of 13 states and 3 federal territories with a parliamentary system of government based on periodic multiparty elections in which the ruling National Front coalition has held power for more than 40 years. Opposition parties actively contest elections, but face significant obstacles in competing with the long-entrenched ruling coalition. However, in the November 1999 elections, opposition parties won roughly 25 percent of the seats in the Federal Parliament, and an opposition party also retained control of one state government and gained control of another. The Constitution provides for an independent judiciary; however, government action, constitutional amendments, legislation, and other factors undermine judicial independence and strengthen executive influence over the judiciary. The impartiality of the judiciary appeared to improve during the year, as some high-profile decisions were made and controversial decisions and politically-charged cases from previous years were reversed or dropped according to the legal merits of the case.

The Royal Malaysian Police have primary responsibility for internal security matters. The police report to and are under the effective control of the Home Minister. Some members of the police committed human rights abuses.

Malaysia is an advanced developing country with a population of approximately 23 million, an estimated per capita gross domestic product of $3,850, and an unemployment rate of roughly 3 percent. Following nearly a decade of strong economic growth averaging over 8 percent annually, it was hit hard by the 1997 regional financial and economic crisis. After contracting by 7.5 percent in 1998, the economy began to recover, and expanded 6.1 percent in 1999 and 8.3 percent in 2000. In response to falling demand in export markets, economic growth slowed during the year. Analysts expect the economy to grow from 1 to 3 percent during the year. The Government has continued with its simulative fiscal and monetary policies. The Government takes an active role in the development of the export-oriented economy. Manufacturing accounts for 31.1 percent of GDP, services for 50.7 percent, agriculture for 8.4 percent, construction for 3.3 percent, and mining for 6.5 percent. Principal manufactured products include semiconductors, consumer electronics, electrical products, textiles, and apparel. Oil and gas, palm oil, natural rubber, cocoa, and tropical timber are also significant contributors to the economy.

The Government generally respected its citizens' rights in some areas; however, its record was poor in a number of other areas, and significant problems remain. Police committed a number of extrajudicial killings, and authorities prosecuted the perpetrators in some of these cases. Police on occasion tortured, beat, or otherwise abused prisoners, detainees, and demonstrators. In 1999, an Inter-Parliamentary Union (IPU) delegation found that prison conditions were not in accord with international norms; the Government subsequently took some steps to improve prison conditions. Conditions in the detention facilities of illegal aliens continued to pose a threat to health, although marginal improvements in food and water rations were reported. The trial of a prominent human rights activist on charges arising from her criticisms of such conditions continued. At year's end, the trial still was ongoing. Police increased their use of the Internal Security Act (ISA) to arrest and detain many persons, including members of the political opposition, without charge or trial. In addition, police continued to use several other statutes to arrest and detain many persons without charge or trial (see Section 1.d.).

Prolonged pretrial detention is a serious problem. Detained criminal suspects often were denied access to legal counsel prior to being charged formally. Many observers expressed serious doubts about the independence and impartiality of the judiciary, especially in high-profile cases. The politically motivated convictions of former Deputy Prime Minister Anwar on charges of corruption and sodomy in 1999 and 2000 demonstrated the judiciary's lack of independence. However, while many observers continued to express doubts about the independence and impartiality of the judiciary, reforms instituted by the new chief justice appear to have led to some improvements in these areas. The remaining libel suits against a U.N. Special Rapporteur on Judicial Independence were dropped during the year. Politically motivated, selective prosecution decreased during the year; however, it continued to be a concern as authorities continued to infringe on citizens' privacy rights in some instances.

Government restrictions, pressure, and intimidation led to a high degree of press self-censorship. The Government continued to limit the publication of an opposition party newspaper, and refused to renew the publication permits of several other political weeklies. It also routinely delayed the release of issues of several foreign weekly magazines. Independent on-line newspapers operated without government interference, but one on-line outlet was subjected to an intermittent government campaign to undermine its credibility. In 1999 a U.N. Special Rapporteur reported that the Government systematically curtailed freedom of expression. The Government did not respond to the report by year's end. The Government increased restrictions on freedom of assembly and some peaceful gatherings, particularly those organized by the political opposition. The threat of slander and libel awards against journalists and media publications diminished during the year; however, these slander and libel awards represented a restraint on press freedom. The Government continues to restrict significantly freedom of association. The Government cracked down on student participation in political activities, and detained several students under the ISA. The Government places some restrictions on religious freedom, in particular the right of Muslims to practice teachings other than Sunni Islam or to convert to other religions. The Government continued to impose some restrictions on freedom of movement. Government policies create significant restrictions on opposition parties' ability to compete effectively with the ruling coalition. The Election Commission's lack of independence impedes it from effectively enforcing election results and monitoring elections. The Government continued to criticize harshly human rights NGO's, but also met with several such groups during the year. The Government established a National Human Rights Commission in 2000. Despite some limitations on its scope, and a lack of enforcement powers, the Commission established several human rights working groups and in certain cases acted as a credible check on government authority and policy. Despite government efforts, societal violence and discrimination against women remain problems. Sexual abuse of children is a problem, although it is punished severely. Indigenous people face discrimination and often are exploited, especially in regard to land issues. Longstanding policies give preferences to ethnic Malays in many areas, and ethnic minorities face discrimination. Some restrictions on worker rights persist. Child labor persists, although the Government has taken vigorous action against it. The country is a source, transit, and destination country for trafficking in women and girls for the purpose of prostitution.

(end excerpt)

(Distributed by the Office of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)

Return to Public File Main Page

Return to Public Table of Contents