US State Department Report on Human Rights in Malaysia - 1 of 8 (fwd)

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

The US State Department Human Rights Report on Malaysia is available on
http://www.state.gov/www/global/human_rights/1999_hrp_report/malaysia.html


1999 Country Reports on Human Rights Practices
Released by the Bureau of Democracy, Human Rights, and Labor
U.S. Department of State, February 25, 2000

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MALAYSIA

Malaysia is a federation of 13 states and two 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 serious obstacles in competing with the long-entrenched ruling
coalition. However, in November elections opposition parties won roughly
25 percent of the seats in the Federal Parliament, and an opposition
party also won control of two state governments. 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 continued to deteriorate
during the year. 

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 an estimated per capita
gross domestic product (GDP) of $3,745 and an unemployment rate of 3.0
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 during the year, posting an estimated 4.8
percent growth rate.  During 1998 the Government adopted stimulative
fiscal and monetary policies to promote economic recovery and
established institutions to recapitalize distressed financial
institutions and to remove nonperforming loans from the banking system.
It also enacted selected capital controls to eliminate offshore trading
in the local currency (ringgit) and to insulate the domestic economy
from the effects of short-term, speculative capital flows.  The
Government takes an active role in the development of the
export-oriented economy. Manufacturing accounts for 27.9 percent,
services for 52.2 percent, agriculture for 9 percent, and construction
and mining for 10.9 percent of GDP. Principal manufactured products
include semiconductors, consumer electronics, electrical products,
textiles, and apparel. Palm oil exports and production of natural
rubber, cocoa, and tropical timber also are significant. 

There continued to be serious problems in the Government's human rights
record in certain areas. Police committed a number of extrajudicial
killings, although fewer than in previous years. Police on occasion
tortured, beat, or otherwise abused prisoners, detainees, and
demonstrators.  The former chief of police admitted to having beaten the
handcuffed and blindfolded former Deputy Prime Minister Anwar Ibrahim in
1998. For political reasons, Anwar was charged with obstruction of
justice in 1998 and convicted in April. Improper conduct by the police
and prosecutors, along with many questionable rulings by the judge,
denied Anwar a fair opportunity to defend himself. At year's end, Anwar
was being tried on a charge of sodomy and being held without bail.
Police continued to arrest and detain many persons without trial or
charge. Prolonged pretrial detention is a serious problem. Detained
criminal suspects are denied access routinely to legal counsel prior to
being charged formally. An Inter-Parliamentary Union (IPU) delegation
found that prison conditions were not in accord with international
norms. Conditions of detention of illegal alien detainees continued to
pose a threat to life and health; the trial of a prominent human rights
activist on charges arising from her criticisms of such conditions
continued. A Western journalist was jailed after losing an appeal of a
1997 conviction for contempt of court stemming from an article that
raised questions of judicial favoritism. The Attorney General practiced
politically motivated, selective prosecution. Many observers expressed
serious doubts about the independence and impartiality of the judiciary.
The courts defied an International Court of Justice (ICJ) ruling that a
United Nations Special Rapporteur was immune from several libel suits.
Government restrictions, pressure, and intimidation led to a high degree
of press self-censorship. The Government cracked down on newsstand sales
of an opposition party newspaper. A U.N. Special Rapporteur reported
that the Government systematically curtailed freedom of expression.
Proliferating slander and libel suits threatened to stifle freedom of
speech. Authorities infringed on citizens' privacy rights. The
Government placed some restrictions on freedom of assembly and some
peaceful gatherings. The Government continues to restrict significantly
freedom of association. The Government continued to prohibit students
from participating in some political activities. Religious freedom is
subject to some restrictions, in particular the right of Muslims to
practice teachings other than Sunni Islam. In addition the right of
Muslims to change their religion was hindered by many practical
obstacles. The Government continued to impose some restrictions on
freedom of movement. Government restrictions and policies prevent
opposition parties from competing effectively with the ruling coalition.
The Election Commission's lack of independence prevents it from properly
implementing and monitoring elections. The Government passed legislation
to form a National Human Rights Commission; however, opposition and
nongovernmental organization (NGO) leaders were skeptical of its
potential independence and effectiveness. The Government continued to
criticize harshly human rights NGO's. Despite government efforts,
societal violence and discrimination against women remain problems.
Malaysia is a source, transit, and destination country for trafficking
in women and girls for the purpose of forced prostitution. Sexual abuse
of children occurs, 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. 

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