SUARAM Human Rights Report 2014

Acknowledgement

The publication of SUARAM's Human Rights Report 2014 is made possible by the efforts
and supports from all researchers, writers, editors, designers and coordinator.

Chapter 1 to Chapter 5 and Chapter 10 to Chapter 12 were written mainly by the SUARAM
team - Serene Lim and Tarmizi Anuwar. Other contributors are: Suri Kempe (Chapter 6 -
Freedom of Religion), James Lochead (Chapter 7 - Refugees and Migrants), Ngeow Chow
Ying (Chapter 8 - Death Penalty), and Wong Chin-Huat (Chapter 9 - Free and Fair
Elections). The special features include the write up of "Orang Asal Defend Rights to Land,
Livelihood and Dignity" from Tanya Lee of Jaringan Orang Asal SeMalaysia (JOAS) and
cartoons from human rights defender Zulkiflee Anwar Haque, also known as Zunar.

SUARAM would like to extend or earnest gratitude to all the writers and cartoonist that had
contributed the chapters and the special features.

The principal editors of this report are Dr Kua Kia Soong, Dr Yeoh Seng Guan and James
Lochead. Various sections were reviewed by Serene Lim, Tarmizi Anuwar and Syukri
Razab.

We thank Malaysiakini for generously allowing us to use their photographs for this report.

At last but not least, SUARAM would like to extend our appreciation and solidarity to all
Malaysian civil society organisations and human rights defenders. Without their dedication,
perseverance and sacrifices in the battle for human rights, justice and democracy in
Malaysia, this report would not be made possible.
Foreword

Since 1998, the annual Suaram Human Rights Report has without fear or favour chronicled
and evaluated how our country has fared in terms of universal human freedoms. These are
freedoms which have taken several centuries of strife to articulate in constitutional, legal and
institutional terms by a multitude of courageous and visionary human beings across the
globe.

Today, even if the precise word for freedom may differ among the rainbow of cultures and
societies, individual and collective aspirations to live the good life free from discrimination,
exploitation and oppression are unmistakable.

Once again, this years Report gives a comprehensive overview of some of the many unjust
and undemocratic forces that are assailing human freedoms in Malaysia. Some draw their
potency from outdated attitudes and beliefs that continue to be embodied in retrogressive
laws. Others come from the actions of an array of individuals and groups who define
Malaysia in their own parochial image and at the expense of cosmopolitan difference.

No doubt, this Report will make for a disturbing and perhaps even defeatist reading given the
contrarian views they seem to offer. But embedded within these pages are also the stories of
many courageous men and women who continue to hope and work for a better and inclusive
Malaysia despite the herculean odds they face. In the final measure of things, it is to those
people and ideals that this Report bear witness to.

Dr Yeoh Seng Guan

SUARAM Director
Executive Summary

In 2014, the human rights record under the Najib Razak administration hit a new low. When
he first came to power in 2009, Najib Razak introduced several reforms in an attempt to win
back votes after the fiasco for the ruling coalition in the 2008 general election. This attempt
at reform has since been reversed after yet another debacle for BN in the 2013 general
election. The most serious of these reversals was the about-turn in the promise to repeal the
Sedition Act, the Prime Minister apparently bowing to pressure from the far-right in his
political party and intent on teaching dissenting voters a lesson.

This assertion by Malay supremacist groups in 2014 saw an increase in hate speech and
violence that has stoked racial and religious hatred and intolerance and which has been
tolerated by the authorities. Ethnic relations has been further strained despite claims of
commitment to moderation and tolerance by the prime minister at high profile international
meetings.

The gap between rhetoric and reality was further exposed by the appalling treatment of
refugees, victims of trafficking and migrant workers in the country. Malaysias ranking
plunged to a record low in the US State Departments Annual Trafficking in Persons Report
and the Global Rights Index: The Worlds Worst Countries for Workers. We were placed on
par with Laos, Cambodia, Qatar, North Korea and Zimbabwe in the latter report.

The year also saw the government accepting only 150 out of 232 recommendations made to
Malaysia at the United Nations Human Rights Council during the universal periodic review,
with most of the crucial recommendations for human rights improvements rejected by the
Malaysian government.

Detention without Trial

Detention without trial was once again employed by the Home Ministry with the increasing
use of the Security Offences (Special Measures) Act 2012 (SOSMA), the Prevention of
Crime (Amendment) Act 2013 (POCA) and the Dangerous Drugs (Special Preventive
Measures) Act 1985 (DDA). In 2014, SUARAM recorded a total of 31 people detained under
SOSMA, bringing the total to 146. On 25 April, deputy Home Minister Wan Junaidi Tuanku
Jaafar disclosed that 116 had been arrested throughout the country in the first few weeks
since the POCA came into force on 2 April 2014.1

Police Abuse of Power

The Malaysian police continued to operate with little oversight as the Independent Police
Complaint and Misconduct Commission (IPCMC) has yet to be established and no new
commissioners were appointed in the Enforcement Agency Integrity Commission (EAIC)
between April and November 2014. There were 14 cases of death in police custody reported
during the year.

1
New Straits Times, 116 nabbed since POCA enforcement: Wan Junaidi, 25 April 2014. See:
http://www2.nst.com.my/streets/central/116-nabbed-since-poca-enforcement-wan-junaidi-1.578833
Freedom of Expression and Information

Freedom of expression took a heavy toll in 2014 with the unprecedented use of the Sedition
Act. SUARAM recorded a total of 44 people being investigated, charged or convicted under
the Act. These included elected representatives, lawyers, academics, journalists, activists
and students. The situation worsened when Prime Minister made an about-turn on his
electoral pledge to repeal the Sedition Act when he announced that his government had
plans to 'fortify' the Act.

Freedom of Assembly

The infringement of the freedom of assembly was temporarily halted by the Court of Appeal
judgment over the constitutionality of the Peaceful Assembly Act. Nevertheless, it did not
stop the police from resorting to the Penal Code to arrest and charge 15 of those who had
protested against the Lynas rare earth plant in June 2014.

Freedom of Association

The freedom of association was seriously undermined with the relentless harassment by the
authorities against civil society organisations such as the Coalition of Malaysian NGOs in the
UPR Process (COMANGO), Negara-ku, Peronda Sukarela (PPS) Pulau Pinang, Sarawak
Association for Peoples' Aspiration (SAPA) and Sisters in Islam (SIS).

Freedom of Religion

Freedom of religion and belief has seen severe curtailment and restrictions based on the
events in 2014, with the continuing legal disputes over the right to use the word "Allah" by
non-Muslims, raids and seizures of Bibles, arrests of Shia Muslims etc. The enjoyment of
this freedom or limitations to it are closely linked to the development of local politics, with the
US Commission on International Religious Freedom (USCIRF) placed Malaysia on Tier 2,
one level down from Tier 1, which lists countries including Myanmar, China, Iran, Iraq,
Pakistan and Sudan, among others. It noted that, the intertwining of religion, ethnicity, and
politics in Malaysia complicate religious freedom protections for religious minorities and non-
Sunni Muslims."

Refugees and Migrants

2014 was another challenging year for refugees, asylum-seekers and migrant workers in
Malaysia. Some of their problems were shared, not least with regard to the scant protection
offered to these groups by the Malaysian authorities against activities of modern day slavers,
human traffickers and other criminal elements. They also faced a range of abuses at the
workplace, together with issues relating to marriage, family and domestic security, all in an
environment of xenophobia among some politicians, enforcement personnel and sections of
the local populace. However, there were distinct differences in the problems faced by
refugees and asylum-seekers compared to those faced by migrant workers, and we will
examine each separately.

Free and Fair Election

There were five by-elections held in 2014 and we continued to see flaws in the electoral
process but generally no serious cases of violence or disturbance. These by-elections were
in the state seat of Balingan (Sarawak), Parliamentary seat of Bukit Gelugor (Penang), state
seat of Pengkalan Kubor (Kelantan), state seat of Kajang (Selangor) and Parliamentary seat
of Teluk Intan. The chapter reveals that severe seat-votes disproportionality happens not
only at the federal level during GE-13 but at the state level too, caused by the partisan
constituency redelineation process.

Death Penalty

While two known executions were halted early in the year, no public information has been
made available on the exact number of executions carried out in 2014 although parliament
disclosed that a total of 30 death sentences had been carried out between 1998 and 2014.
According to Amnesty International Malaysia, there are still some 1000 people on death row
in Malaysia, with 56 more people sentenced to death in 2014, more than half of whom were
sentenced for drug offences.

Law and Judiciary

There was a mixed result of positive and negative judgments on human rights from the
judiciary in 2014. The conviction of Anwar Ibrahim and excessive sentencing of Safwan
Anang and Adam Adli under the Sedition Act have strengthened public perception of the
lack of judicial independence in Malaysia. Yet, some positive development was seen at
Court of Appeal level with the unprecedented ruling on the Peaceful Assembly Act and the
right of transgender people.

SUHAKAM

Over the years, SUHAKAM has proven its independence as a statutory body in promoting
and protecting human rights of Malaysians. This is seen through SUHAKAM engagement
with various human rights issues in the country and criticisms against the government, even
in areas that are viewed as sensitive. Despite SUHAKAM's improved track record and its
various reports and studies, the government has failed to take its findings and
recommendations seriously. SUHAKAM's annual report and public inquiry reports have yet
to be tabled and debated in Parliament ever since its establishment in 2000.