In report, watchdog says human rights in Malaysia on downward trend

KUALA LUMPUR, Jan 12 — The human rights situation in Malaysia showed a “marked deterioration” in 2016 due to increased arrests of government critics and expanded restrictions on public assembly, the Human Rights Watch said in its World Report 2017. The report, which was released tonight, detailed the state of human rights in more than 90 countries. “The Malaysian government has responded to corruption allegations by throwing respect for rights out the window,” said Human Rights Watch Asia deputy director Phil Robertson in a statement. “By bringing a slew of prosecutions against those expressing dissenting views or peacefully protesting, the government is seriously undermining democratic institutions and the rights of all Malaysian citizens,” he added. The report cited the extensive use of the Communications and Multimedia Act (CMA) to arrest those who are deemed critical of the government.

The CMA was also used to charge editor-in-chief of the Malaysiakini news website Steven Gan and CEO Premesh Chandran after its video arm uploaded the video of a press conference calling for the Attorney-General to resign. It also cited the November 18 arrest of Bersih 2.0 chairman Maria Chin Abdullah under the Security Offences (Special Measures) Act 2012, where she was held 11 days under the controversial law that provides for detention without trial. “The Malaysian government should step back from its repressive course, bring its laws into line with international standards, and start respecting fully the rights of everyone in Malaysia,” Robertson said. The report also said that the police torture of suspects in custody remained a “serious problem” in 2016, while a lack of accountability for police brutality also remained an issue.

The report also raised issue regarding Malaysia’s anti-trafficking efforts, saying that it had failed to effectively implement amendments made in 2014 to its anti-trafficking law. “No progress has been made in identifying and investigating suspects involved in the deaths of over 100 suspected victims of trafficking whose bodies were found in mass graves on the Thai-Malaysian border in 2015,” he added.

Over 150,000 refugees and asylum seekers, the vast majority of whom come from Myanmar, have registered with the UNHCR in Malaysia but are unable to work, travel, or enrol in government schools. The lack of status leaves them highly vulnerable to abuses,” the report added.

It also noted judicial freedom as an area of concern, over proposed amendments to the Legal Profession Act that it said would allow the government to “interfere” with the Bar’s actions. “In addition, they would increase the quorum needed for a general meeting from 500 to 4,000 members, or 25 per cent of the bar’s 17,000 membership, making it virtually impossible for the bar to take action at its general meetings.

The bill to amend the Legal Profession Act is likely be introduced when parliament next sits in March 2017,” it said. It also described discrimination against the lesbian, gay, bisexual and transgender (LGBT) community in Malaysia to be “pervasive”. “Numerous Sharia-based laws and regulations prohibiting a “man posing as a woman,” sexual relations between women, and sexual relations between men effectively criminalize LGBT people,” the report added. -

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UNHCR welcomes Thailand’s approval of framework for refugee screening mechanism

The UN Refugee Agency Monday expressed a warm welcome for the Thai Government’s recent approval of a framework to enhance the identification and protection of refugees.


Last Tuesday, the Cabinet approved in principle a proposal to finalise and implement a screening mechanism for undocumented immigrants and refugees.

Following the approval, a deputy government spokesman the process will be led by the Immigration Bureau of the Royal Thai Police, working with a newly-created inter-ministerial committee chaired by the Prime Minister or his deputy.

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Together they will build on an existing draft by the Council of State and finalize a detailed draft Regulation to be presented for approval by the Cabinet. He added that this would be done in collaboration and cooperation with foreign governments or foreign government agencies, international organizations and relevant non-governmental organizations.

UNHCR said in a press statement Monday that it has long been advocating for such a screening mechanism in a country that has hosted more than 1 million refugees over the years without a comprehensive legal framework. Under Thailand’s current Immigration Act, urban refugees and asylum-seekers can be considered “illegal aliens” and are subject to arrest and detention if they do not have valid documentation.

“This Cabinet action represents an important and concrete step towards creating an appropriate regulatory framework for refugee management and protection in Thailand,” the statement quoted Ruvendrini Menikdiwela, UNHCR’s Representative in Thailand, as saying. “We hope it will clearly establish the criteria and methodology for deciding who is and isn’t a refugee, and outline their rights and obligations in Thailand.”

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Last week’s announcement builds upon specific pledges designed to improve protection and solutions for refugees in Thailand made by Prime Minister Prayut Chan-o-cha at the September 2016 UN Summit for Refugees and Migrants, and the Leaders’ Summit on Refugees convened by US President Barack Obama in New York.

“With more than 65 million people forcibly displaced globally, it is crucial that States and international actors work hand in hand to respond to growing humanitarian needs,” said Menikdiwela. “It is heart-warming to see Thailand acting upon pledges made in New York, and once again taking a leadership role in the ASEAN region in addressing complex issues related to refugees and stateless persons.”

UNHCR continues to offer technical and other assistance in full support of finalizing and implementing an appropriate regulatory framework for refugee management and protection in Thailand, the statement added.

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The country currently hosts nearly 8,000 refugees and asylum-seekers in urban areas and more than 102,000 Myanmar refugees in nine camps on the border with Myanmar.