US State Department Report on Human Rights in Malaysia - 7 of 8

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

Women

Reports of rape are common in the press and among women's rights groups and
NGO's, although the Government has not released comprehensive statistics. In
December a women's NGO issued a report that stated that the incidence of
rape had increased since 1993 and that more than 50 percent of rape victims
are age 16 or younger. Many hospitals have set up crisis centers where
victims of rape and domestic abuse can make reports without going to a
police station. NGO's and political parties also cooperated in providing
counseling for rape victims. Nonetheless, cultural attitudes and a perceived
lack of sympathy from the largely male police force lead many victims not to
report rapes. Some rapists receive heavy punishments, including caning, but
women's groups complain that some rapists receive inadequate punishments.

Spousal abuse is a serious problem that has drawn considerable government,
NGO, and press attention. Awareness of the severity and prevalence of this
problem is growing. In 1997 (the last year for which comprehensive
statistics have been published), police investigated 5,730 cases of spousal
abuse, made 800 arrests, and charged 693 suspects, of whom 495 were tried
and 198 were sentenced. The Malaysian Chinese Association Public Services
and Complaints Department reported that the number of domestic violence
complaints that it had received in the first 3 months of the year was
roughly double that of the same period of the previous year. Whether this
signifies a rise in the overall rate of domestic violence is unclear.

The 1996 Domestic Violence Act addresses spousal abuse. However, women's
groups criticized the act as inadequate and called for amendments to
strengthen it. Obtaining a restraining order against an abusive spouse is a
lengthy and cumbersome procedure. Moreover, enforcement of the order is
split between the police and the Welfare Department so that violations often
go unpunished.

Although the Government, NGO's, and political parties have formed shelters
and offer other assistance to battered spouses, activists assert that
support mechanisms remain inadequate. Police responses to complaints of
domestic violence are more professional and sensitive than in previous
years, but problems remain and cultural attitudes are still an impediment.

Domestic violence complaints are rare in Islamic (Shari'a) courts (six cases
in 1997). Some Islamic law experts have urged Muslim women to become more
aware of the provisions of Islamic law that prohibit spousal abuse and
provide for divorces on grounds of physical cruelty. Nonetheless, Islamic
law generally (each state has a separate code) prohibits wives from
disobeying lawful orders of their husbands. These provisions often present
an obstacle to women pursuing claims, including charges of abuse, against
their husbands.

Spousal rape is not a crime. Theoretically a man who raped his wife could
face charges of assault, but women's rights activists cannot remember any
man being convicted in such circumstances.

A 1998 International Labor Organization (ILO) study estimated that there
were roughly 40,000 to 140,000 prostitutes in 1998. The Government heatedly
disputed this estimate and the police stated that they would investigate
NGO's that might have provided information that formed the basis of the
study. Sex tourism is not legal and the level of such activity is not high.

A women's rights NGO stated in 1998 that the economic downturn was forcing
more women into prostitution. The NGO cited government statistics showing an
upturn in the number of arrests for prostitution. A government source
disputed this claim, saying that the increase in arrests was due to more
vigorous enforcement. In February the press reported a 1998 study by the
national population and family development board that showed that the
economic downturn had dampened the demand for prostitution.

Malaysia is a source, transit, and destination country for trafficking in
women for sexual purposes (see Section 6.f.).

In August the Ministry of Human Resources issued a Code of Practice designed
to prevent and eradicate sexual harassment in the workplace. Women's groups
welcomed the code but noted that further public education on sexual
harassment was still necessary. The Code of Practice has no legal effect and
earlier plans for a sexual harassment law apparently have been abandoned.
Women's rights activists said that a law on sexual harassment would be more
effective than a code of practice. Deputy Human Resources Minister Datuk Dr.
Affifuddin Omar responded that the Government preferred social engineering
rather than a "big brother approach" to the problems of sexual harassment.
In addition there are still many cultural obstacles to women who try to
pursue sexual harassment charges. The Ministry of Human Resources stated in
1998 that it had received reports of only six sexual harassment cases in the
first 6 months of that year (the most recent statistics available) and only
a total of about 30 since 1996.

Women are still victims of legal discrimination. The cultural and religious
traditions of the major ethnic groups also heavily influence the condition
of women in society. In family and religious matters, Muslim women are
subject to Islamic law. Polygyny is allowed and practiced to a limited
degree. Islamic inheritance law varies by state, but generally favors male
offspring and relatives. However, one state, Negeri Sembilan, provides for
matrilineal inheritance. The number of women obtaining divorces under the
provisions of Islamic law that allow for divorce without the husband's
consent, while small, is increasing steadily.

There were increasing complaints about the treatment of women by Islamic
courts. An April press report described complaints by NGO's and women's
groups of rude and insensitive treatment by staff and officers of Islamic
courts. In May the women's wing of UMNO stated that it would act to help
accelerate and improve the handling of women's problems by Islamic courts.

Muslim couples must take premarital courses. Women's activists have
complained that the courses, as implemented, perpetuate gender
discrimination by misinforming women of their rights in marriage (see
Section 1.f.).

Non-Muslim women are subject to civil (secular) law. Changes in the Civil
Marriage and Divorce Act in the early 1980's increased protection of married
women's rights, especially those married under customary rites. Nonetheless,
many statutes, such as the Women and Girls Protection Act still provide for
paternalistic or discriminatory treatment of women. The Guardianship of
Women's and Infants Act was amended in July to give mothers equal parental
rights. Four states extended the provisions of the amended bill to Muslim
mothers. Women's groups urged all states to do the same. In June the Land
and Cooperative Development Ministry announced that it was considering
amending the Group Settlement Act to give wives of settlers a stake in the
land awarded to their husbands.

Government policy supports women's rights and the Government has undertaken
a number of initiatives to promote equality for women. Specifically the
Government promotes the full and equal participation of women in education
and the work force. Women are represented in growing numbers in the
professions, but women's groups argue that the level of participation is
still disproportionately low. In the scientific and medical fields, women
make up more than half of all university graduates and the total intake of
women into universities increased from 29 percent in 1970 to one-half of the
student population in recent years. In August National Unity and Social
Development Minister Datin Paduka Zaleha Ismail said that the rate of
participation of women in the labor force (30 percent in 1970) would be 52
percent by the end of 2000. The proportion of women in the civil service has
risen from roughly 33 percent in 1990 to roughly 41 percent and women occupy
some high-ranking civil service positions. In April Malaysian Trade Union
Congress President Zainal Rampak urged trade unions to fulfill the ILO
policy of filling 30 percent of leadership positions with women (current
statistics were not disclosed).

Children

The Government has demonstrated a commitment to children's rights and
welfare; it spends roughly 20 percent of the national budget on education.
The Government provides free compulsory education for children through the
age of 15. Actual attendance at primary school is nearly universal (99
percent). Secondary school attendance also is high (82 percent). A variety
of programs provide low cost health care for most children. An office in the
Ministry of National Unity and Social Development oversees children's
issues.

In October the Parliament passed a new Child Act. The Act stipulates heavier
punishments for child abuse, molestation, neglect, and abandonment. The act
also mandated the formation of a children's court, which, the Government
stated, would better protect the interests of children.

The Government recognizes that sexual exploitation of children and incest
are problems. In 1997 police announced a special effort to prosecute the
crime of incest, which is in particular a problem in rural areas. Child
abuse receives wide coverage in the press. The Government sternly prosecutes
cases of child abuse and child molesters receive heavy jail sentences and
caning. The Ministry of National Unity and Social Development reported that
in 1997 there were 1,117 reported cases of child abuse, while from January
through August 1998 there were 600 cases. In August a Malaysian physician
who studies child abuse said publicly that the sexual abuse of children was
common in Malaysia. Child labor also is a problem (see Section 6.d.).

Female genital mutilation (FGM) is widely condemned by international health
experts as damaging to physical and psychological health; however, extreme
forms of FGM are not practiced in the country. Many Malay girls receive a
tiny ritual cut to the clitoris. Almost all Malay women, including Muslim
women's activists, do not believe that this constitutes mutilation or
reduces a woman's future capacity for sexual pleasure.

Statutory rape occurs and is prosecuted. However, Islamic law provisions
that consider a Muslim girl an adult after she has had her first
menstruation sometimes complicate prosecution of statutory rape. Such a girl
can be charged with "khalwat" or "close proximity" (the charge usually used
to prosecute premarital or extramarital sexual relations) even if she is
under the age of 18 and her partner is an adult. Moreover Shari'a courts
sometimes are more lenient with males who are charged with "close
proximity." Thus, Shari'a sometimes punishes the victims of statutory rape.
However, in many cases Muslim men are charged and punished for statutory
rape under secular law.

Child prostitution exists. However, child prostitutes often are treated as
delinquents rather than victims. In 1998 the Minister of National Unity and
Social Development stated that 150 to 160 underage girls are detained "each
year" for involvement in immoral activities and sent to rehabilitation
centers. Authorities prosecute traffickers in child prostitution vigorously.
Statistics for apprehension of traffickers are not available (see Section
6.f.).

People with Disabilities

The Government does not discriminate against physically disabled persons in
employment, education, and provision of other state services. However, few
public facilities are adapted to the needs of the disabled, and the
Government has not mandated accessibility to transportation or public
buildings for the disabled. In August Minister of National Unity and Social
Development Zaleha said that only 10 percent of residential and commercial
buildings were "disabled-friendly". In September Minister Zaleha announced a
cabinet decision to require that 10 percent of houses in all new housing
projects be disabled-friendly. In December Zaleha reportedly said that "all
buildings" would be made accessible to the disabled within 2 years.

Special education schools exist, but they are not sufficient to meet the
needs of the disabled population. The Government and the general public are
becoming more sensitive to the needs of the physically disabled. The
Government has taken many initiatives to promote public acceptance of the
disabled, to make public facilities more accessible to disabled persons, and
to increase budgetary allotments for programs aimed at aiding them.

In August an NGO representing the disabled said that the disabled make up 7
percent of the population. The NGO urged the Government to increase its
support for the disabled. Disabled persons do not enjoy explicit legal
protection against discrimination. In August the parents of a disabled child
sued a private international school for discrimination after the school
refused to enroll their child. A court ruled that the school must accept the
disabled child.

Indigenous People

Indigenous groups and persons (i.e., the descendants of the original
inhabitants of peninsular Malaysia and the Borneo states) generally enjoy
the same constitutional rights as the rest of the population. However, in
practice federal laws pertaining to indigenous people vest almost total
power in the minister responsible for indigenous people (currently the
Minister of National Unity and Social Development) to protect, control, and
otherwise decide issues concerning them. As a result, indigenous people,
particularly in peninsular Malaysia, have very little ability to participate
in decisions.

Under the 1954 Aboriginal People's Act (amended in 1974), indigenous people
in peninsular Malaysia (known as Orang Asli) who had been granted land on a
group basis had no right to own land on an individual basis or to receive
titles to land. The Social Development Ministry announced in 1996 that state
governments, which make decisions affecting land rights, had agreed to issue
titles to Orang Asli. Amendments were drafted to enable Orang Asli to hold
titles on an individual basis. Surveying and transfer of title apparently
has proceeded very slowly. In July Minister Zaleha said that no Orang Asli
had yet been given individual land titles on this basis.

The uncertainty surrounding Orang Asli land ownership makes them vulnerable
to exploitation. There were many reports of Orang Asli who had been cheated,
misled, or otherwise exploited by land developers. In some cases, the Orang
Asli have sued. Finance Minister Tun Daim Zainuddin announced in May that a
total of 314,715 acres of land would be gazetted and reserved for Orang
Asli. The Federal Government urged the states to follow up on Daim's
announcement. The leader of a leading Orang Asli NGO welcomed the
announcement, but urged the Government to proceed quickly. This NGO pointed
out that the total area of land actually gazetted and reserved for Orang
Asli had declined, not increased, since 1990.

The indigenous people in peninsular Malaysia, who number roughly 100,000,
are the poorest group in the country; however, according to government
officials, Orang Asli gradually are catching up to other citizens in their
standard of living, and the percentage of Orang Asli who lead a nomadic
lifestyle has dropped to less than 40 percent. Government development
projects for the Orang Asli are announced from time to time.

In east Malaysia, although state law recognizes the right of indigenous
people to land under "native customary rights," the definition and extent of
these lands are in dispute. Indigenous people in the state of Sarawak
continued to protest the alleged encroachment by state and private logging
and plantation companies onto land that they consider theirs because of
customary rights. Laws allowing condemnation and purchase of land do not
require more than perfunctory notifications in newspapers to which
indigenous people may have no access. The net result is that many indigenous
people are deprived of their traditional lands with little or no legal
recourse. In July the Government announced that it was scaling back the
large Bakun Dam project in Sarawak, which would have resettled many
residents.

In September after a long-simmering feud with neighboring villagers, four
plantation company workers were killed in the state of Sabah. Allegedly,
indigenous residents, angered over the plantation company's repeated
encroachments on what the residents regarded as their native land, killed
the workers.

National/Racial/Ethnic Minorities

The Government implements extensive preferential programs designed to boost
the economic position of the Malay majority, which remains poorer on average
than the Chinese minority. Such preferential programs and policies limit
opportunities for non-Malays in higher education, government employment,
business permits and licenses, and ownership of land. According to the
Government, these programs have been instrumental in ensuring ethnic harmony
and political stability. Ethnic Indian Malaysians continue to lag behind in
the country's economic development. A small component party of the ruling
coalition proposed in August to abolish ethnic quotas. The Government
rejected the proposal.

Section 6 Worker Rights

a. The Right of Association

By law most workers have the right to engage in trade union activity and
approximately 11 percent of the work force belong to 544 trade unions.
Exceptions include certain limited categories of workers labeled
"confidential" and "managerial and executive," as well as defense and police
officials. Within certain limitations, unions may organize workplaces,
bargain collectively with employers, and associate with national
federations. In April the Government reiterated that it discourages foreign
workers from joining unions and that labor laws adequately protect the
rights of foreigners. In practical terms, foreigners are not allowed to join
trade unions (see Section 6.e.).

The Trade Unions Act prohibits interfering with, restraining, or coercing a
worker in the exercise of the right to form trade unions or in participating
in lawful trade union activities. However, the act restricts a union to
representing workers in a "particular establishment, trade, occupation, or
industry or within any similar trades, occupations, or industries," contrary
to ILO guidelines. The Director General of Trade Unions may refuse to
register a trade union and, in some circumstances, may also withdraw the
registration of a trade union. When registration has been refused,
withdrawn, or canceled, a trade union is considered an unlawful association.
The Government justifies its overall labor policies by positing that a
"social compact" exists wherein the Government, employer, and worker are
part of an overall effort to create jobs, train workers, boost productivity
and profitability, and ultimately provide the resources necessary to fund
human resource development and a national social safety net. Trade unions
from different industries may join in national congresses, but the
congresses must register as societies under the Societies Act (see Section
2.b.).

In January the Trade Unions Department reported that in 1998 it had issued
notices to 206 trade unions threatening them with deregistration for failing
to submit reports of their accounts. A leading trade union leader said that
he was "puzzled" by the Trade Union's Department statement and would seek
further clarification. Also in February, the Human Resources Minister said
publicly that union members' complaints against union leaders were
increasing. In February the Human Resources Minister said that the
Government would amend the Trade Unions Act to make all principal officers
of a union liable if the union commits any wrongdoing (now only the
secretary general is liable). There were no reports that these amendments
were adopted. Some trade unionists claim that unions that defy government
policies face more intense scrutiny, potentially leading to deregistration.
However, there were no reports that unions were deregistered.

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