US State Department Report on Human Rights in Malaysia - 5 of 8

["M.G.G. Pillai" <pillai@mgg.pc.my>]

b. Freedom of Peaceful Assembly and Association

The Constitution provides for freedom of peaceful assembly; however, the
Government places significant restrictions on this right. These rights may
be limited in the interest of security and public order, and the 1967 Police
Act requires police permits for all public assemblies except for workers on
picket lines. The decision to grant a permit theoretically rests with the
district police chief; however, in practice senior police officials and
political leaders influence the grant or denial of some permits. Police
grant permits easily to government and ruling coalition supporters; however,
they use a more restrictive policy with government critics, although the
police do grant permits for many opposition meetings.

Opposition leaders frequently alleged that police issue permits for public
assemblies in an unfair manner that discriminates against the opposition.
Various state and local police departments rebutted these allegations by
providing statistics that indicated that most requests for permits are
granted; however, in certain sensitive cases political considerations
clearly led to the denial of permits. For example, in February the police
denied a permit for a large opposition rally to protest the raising of road
tolls on the basis that it would interfere with repairs and renovations at
the planned venue. However, a ruling coalition component party, the
Malaysian Chinese Association, held a large dinner at the same venue just 1
day before the planned antitoll rally. In March police forcibly prevented
opposition leader Lim Kit Siang from addressing a group of farmers living in
an area afflicted by a deadly virus.

Police, especially early in the year, had a clear policy barring large
"reformasi" gatherings and street demonstrations. However, later in the
year, especially in the period prior to the election, police allowed many
opposition political gatherings.

In April thousands of persons assembled in downtown Kuala Lumpur and in
front of the courtroom to protest the conviction of Anwar Ibrahim on charges
of corruption (see Section 1.e.). Riot police beat and arrested some of
these demonstrators. In some instances, police dispersed demonstrators with
no prior warning. In other cases, they waited for up to 45 minutes before
moving in with tear gas, water cannons, and truncheons. In the ensuing
fracas sometimes violence broke out.

Police arrested hundreds of demonstrators, including peaceful demonstrators,
for illegal assembly. Police also dispersed other peaceful "reformasi"
demonstrations earlier in the year and made many arrests. On September 18
and 19, supporters of Anwar held demonstrations in several cities throughout
the peninsula. The largest one took place on September 19 in Kuala Lumpur,
where up to 10,000 demonstrators gathered at the national mosque. After
demonstrators ignored orders to disperse, police fired tear gas canisters
and chemical-laced water from a water cannon. Some demonstrators then
responded by throwing rocks, iron bars, and other objects at police. Police
arrested an unknown number of protesters and beat others with batons. Some
domestic press reports stated that the demonstrators initiated the violence.
Government-controlled media on September 20 reported that three policemen
were injured. In contrast, foreign journalists gave consistent accounts of
the way that police started the fracas that led to violence.

At the April, September, and other, smaller opposition pro-Anwar
demonstrations throughout the year, police arrested hundreds of
demonstrators, including many peaceful demonstrators. Many of these
demonstrators later were acquitted, a handful were convicted, and some cases
still were pending at year's end. Among those arrested were many opposition
party leaders. Police detained them under the Police Act for allegedly
participating in an illegal assembly and under the Penal Code for allegedly
causing a riot. All were released on bail and still were awaiting trial at
year's end.

In February the U.N. Special Rapporteur on Freedom of Opinion criticized the
Government's use of various laws to curb peaceful assembly (see Section
2.a.).

In July five social activists were arrested for illegal assembly when they
tried to prevent police from demolishing a squatter settlement. The case
still is pending.

In August the secretary general of UMNO accused supporters of the Islamic
opposition party of disrupting several ruling coalition meetings.

In January three members of the opposition Malaysian People's Party said
that police had detained them illegally in December 1998. The police stated
that the three were only brought in for questioning.

In 1997 police detained 55 Islamic opposition party members who demonstrated
in protest of an Israeli team's participation at an international cricket
championship. The case against the demonstrators still is pending.

Government and opposition candidates campaign actively. Previous
restrictions on freedom of assembly during campaign periods (including bans
on rallies and required lists of times and places for proposed discussion
sessions) were not implemented strictly during the year. Opposition parties
reported some harassment but generally were able to campaign vigorously in
the Sabah state elections held in March, and in national elections held in
November.

The Constitution provides for the right of association; however, the
Government places significant restrictions on this right. For example,
certain statutes limit this right. Under the Societies Act of 1966, only
registered, approved organizations of seven or more persons may function.
The Government sometimes refuses to register organizations, or may impose
conditions when allowing a society to register. For example, the Government
has not allowed Amnesty International to set up a branch in the country, and
it also prohibits the Communist Party and affiliated organizations (see
Section 1.f.). The Government also has the power to revoke the registration
of an existing society for violations of the act, a power it has enforced
selectively against political opposition groups. This threat of possible
deregistration inhibits political activism.

To avoid the burdensome requirements of the Societies Act, many NGO's
register as companies under the Companies Act or as businesses under the
Registration of Businesses Act. Amendments to the Companies Act passed in
1998 empowered the Registrar of Companies to refuse registration of a
proposed company if he is satisfied that the company is likely to be used
for any purpose prejudicial to national security or the public interest. The
Registrar also can cancel the registration of an existing company and
disband it on the same grounds. Opposition parties and NGO activists charged
that the sweeping powers granted to the Registrar of Companies were designed
to stifle criticism. The Government denied such charges and stated that
financial irregularities were the amendments' main target. Government claims
were undercut somewhat by later police statements that alluded threateningly
to the status of certain NGO's under the Companies or Societies Acts.

In May the Government announced that it was planning amendments to the
Registration of Businesses Act to enable the Government to track the
activities and movements of organizations registered under the act. Minister
of Domestic Trade and Consumer Affairs Datuk Megat Junid said that the
amendments were necessary because some NGO's registered under the act were
operating as "semi-political" organizations. Megat said that the Government
feared that "after registering under the Registration of Businesses Act,
NGO's would not do business but instead raise issues threatening national
security with the sponsorship, perhaps, of outsiders." At year's end, the
Government still had not tabled these amendments in Parliament.

NGO activists believe that recent changes in law and government
investigations are a prelude to an attempt to deregister several NGO's. In
May Deputy Home Minister Datuk Abdul Kadir told Parliament that the
Government had deregistered 981 societies under the Societies Act since
1966. Details were not reported. No human rights NGO has been deregistered
in recent years.

In February the Registrar of Societies rejected an application to form a new
political party, the Socialist Party of Malaysia. The Registrar said that
information on the application form was incomplete. Supporters of the new
party said that the denial was politically motivated and filed an appeal.

The Bar Council often was the target of government criticism. In March
Deputy Minister Datuk Ibrahim Ali said that the Bar Council should not
question the appointment of judges. In May Ali said the Bar Council should
stop meddling in government affairs. In June government leaders threatened
to pass legislation making the Attorney General the head of the Bar Council.
In the past, the Government has threatened to legislate an expansion of the
membership of the Bar Council to include government lawyers and legal
professors. Some members of the bar fear that such a measure would dilute
the Council's independence. So far, no such measures have been implemented.

The Universities and University Colleges Act also affects freedom of
association. This act mandates university approval for student associations
and prohibits student associations, as well as faculty members, from
engaging in political activity. In 1998 six students were suspended for
their role in the opposition victory in a by-election. Restrictions are not
enforced as vigorously on students who participate in proruling coalition
political activities. A university vice chancellor must approve campus
demonstrations. Many students, NGO's, and opposition political parties
called for the repeal or amendment of the act. A number of ruling coalition
organizations and politicians also supported reexamination of the act, but
the Government stated the act is still necessary.

c. Freedom of Religion

The Constitution provides for freedom of religion; however, the Government
places some restrictions on this right. Islam is the official religion;
however, the practice of Islamic beliefs other than Sunni Islam is
restricted severely. Religious minorities, which include large Buddhist,
Christian, Hindu, and Sikh communities, generally worship freely, although
with some restrictions. Government funds support an Islamic religious
establishment, and it is official policy to "infuse Islamic values" into the
administration of the country. The Government imposes Islamic religious law
on Muslims only in some matters and does not impose Islamic law beyond the
Muslim community. Adherence to Islam is considered intrinsic to Malay ethnic
identity and therefore Islamic religious laws administered by state
authorities through Islamic courts bind all ethnic Malays (and other
Muslims) in some matters. The Government also grants funds to non-Islamic
religions, but to a more limited degree.

According to government census figures, in 1991 59 percent of the population
was Muslim; 18 percent practiced Buddhism; 8 percent Christianity; 6 percent
Hinduism; 5 percent Confucianism, Taoism, or other religions that originated
in China; 1 percent animism; and 0.5 percent other faiths, including Sikhism
and the Baha'i faith. The religious practices of the remainder were not
stated.

For Muslims, particularly ethnic Malays, the right to leave the Islamic
faith and adhere to another religion is a controversial question. The legal
process of conversion is unclear; in practice, it is very difficult for
Muslims to change religions. Persons who wish to do so face severe
obstacles. In March the country's highest court ruled that secular courts
have no jurisdiction to hear applications by Muslims to change religions.
According to the ruling, the religious conversion of Muslims is solely the
jurisdiction of Islamic courts. The ruling makes conversion of Muslims
nearly impossible in practice.

In 1998 the Government stated that "apostates" (i.e., those who wish to
leave or have left Islam for another religion) would not face government
punishment as long as they did not defame Islam after their conversion.

The Government generally respects non-Muslims' right of worship; however,
state governments carefully control the building of non-Muslim places of
worship and the allocation of land for non-Muslim cemeteries. Approvals for
such permits sometimes are granted very slowly. In September after
objections by representatives of non-Muslim religions, the Government agreed
to revise proposed guidelines governing the establishment of non-Muslim
places of worship. In July the Malaysian Consultative Council of Buddhism,
Christianity, Hinduism, and Sikhism (MCCBCHS), an NGO representing minority
religions, protested the planned implementation of the Ministry of Housing
and Local Government guidelines. The MCCBCHS specifically complained that
the guidelines required an area to have at least 2,000 to 5,000 adherents of
a particular non-Muslim faith for a non-Muslim place of worship to be
approved. No such requirement exists for Muslim places of worship. The group
also complained that, under the guidelines, the state Islamic council must
approve the setting up of all non-Muslim places of worship. There were no
further reports of the status of the revision of the proposed guidelines.

During the controversy over the proposed new guidelines on non-Muslim places
of worship, the MCCBCHS and the Federal Territory Counseling and Service
Center separately urged the Prime Minister to create a national non-Muslim
religious council.

In December the press reported that the new opposition Islamic party
administration of the state of Terengganu planned to introduce a special tax
on non-Muslims. Non-Muslims expressed strong opposition to this proposal.
State government leaders said that the press had distorted their plans. No
special tax was imposed by year's end.

After a violent conflict in Penang between Hindus and Muslims in 1998, the
Government announced a nationwide review of unlicensed Hindu temples and
shrines. Implementation is not vigorous and in June the leader of the ruling
coalition's ethnic Indian-based political party complained that Hindu
temples and shrines had returned only 800 of 30,000 registration forms.

Proselytizing of Muslims by members of other religions is prohibited
strictly; proselytizing of non-Muslims faces no obstacles. The Government
discourages, and in practical terms forbids, the circulation in peninsular
Malaysia of Malay-language translations of the Bible and distribution of
Christian tapes and printed materials in Malay. However, Malay-language
Christian materials can be found. Some states have laws that prohibit the
use of Malay-language religious terms by Christians, but the authorities do
not always enforce them actively. The distribution of Malay-language
Christian materials faces few restrictions in east Malaysia. Visas for
foreign Christian clergy are restricted severely.

The Government opposes what it considers deviant interpretations of Islam,
maintaining that the "deviant" groups' extreme views endanger national
security. In the past, the Government has imposed restrictions on certain
Islamic sects, primarily the small number of Shi'a. The Government continues
to monitor the activities of the Shi'a minority. In 1998 the Government
stated that it was monitoring the activities of 55 religious groups believed
to be involved in deviant Islamic teachings. In May authorities said that
the banned Al-Arqam sect was attempting to reconstitute itself.

The Government periodically has detained members of what it considers
Islamic deviant sects without trial or charge under the ISA. After release,
such detainees are subject to restrictions on their movement and residence.
In 1997 10 persons, 2 of whom were over 75 years old, were detained under
the ISA for spreading Shi'a teachings. All of those detained have now been
released and at year's end there were no religious detainees or prisoners.
The Government generally restricts remarks or publications that might incite
racial or religious disharmony. This includes some statements and
publications critical of particular religions, especially Islam. The
Government also restricts the content of sermons at mosques. The Government
periodically warns against those who deliver sermons in mosques for
"political ends" and, occasionally, state governments ban certain Muslim
clergymen from delivering sermons at mosques. In July the Negeri Sembilan
state government banned a state religious department officer from preaching
sermons because the officer allegedly had given a political speech during a
sermon. In February the state of Selangor lifted a ban on a former mufti
(the highest state Muslim leader) of Selangor. He allegedly had called the
Prime Minister an apostate (see Section 2.a.). In December Prime Minister
Mahathir said that ways should be found to prevent the opposition from
"spreading lies" at mosques. Also in December, Deputy Prime Minister Datuk
Seri Abdullah Badawi directed the religious affairs department to conduct
background checks on religious speakers. Abdullah said "we need to find out
whether the speakers disseminated wrongful information which may have
influenced civil servants to stop supporting the Government." Also in
December, Selangor state government officials announced that they were
investigating mosque committee members with links to the opposition.
Officials threatened to expel opposition sympathizers from mosque
committees. At year's end, no action had been taken. Also in December, Johor
state officials said that they had identified several "political" religious
leaders who had criticized the Government. The state government threatened
"stern action," but at year's end no action had been taken.

For Muslim children religious education according to a government-approved
curriculum is compulsory. There are no restrictions on home instruction.

In August a court reinstated three primary school students who had been
expelled for wearing turbans in 1997. In September Hindus protested a
school's prohibition on students' applying sacred ash to their foreheads.

In July the Government announced a plan to take control of state religious
schools (under the Constitution religion is a state matter). The chief
minister of the opposition-controlled state of Kelantan rejected the plan.
In response, federal Education Minister Datuk Seri Najib said that the
Government would find a way to take over Kelantan's religious schools. In
October the Government announced that religious schools could choose to be
absorbed wholly or partially into the federal school system beginning in
2000. At year's end, the plan had not yet been implemented and its
implications were unclear.

As part of its campaign to infuse Muslim values, in 1998 the military
services forbade the sale of alcoholic beverages on all military
installations, including sale to non-Muslims. The ban on alcohol reportedly
is not always enforced.

In January the Selangor state government announced the formation of a
government interreligious consultative council that included representatives
of all major religions. The council's stated objectives were to prevent
interreligious conflict, to promote interreligious understanding, and to
address moral and social problems jointly.

The Government has a comprehensive system of preferences for ethnic Malays
and members of a few other groups known collectively as "bumiputras," most
of whom are Muslim.

More 6 of 8