Malaysia's bid to join human rights council marred by regressing freedoms

Malaysia's attempt to join the United Nations Human Rights Council can’t be taken seriously if the Perikatan Nasional government continued to be repressive towards fundamental freedoms, said South Africa-based human rights group Civicus.

“The PN government has attempted to silence peaceful protesters and impede the formation of political parties to keep itself in power.

“Its attempt to join the Human Rights Council cannot be taken seriously unless it takes immediate steps to remove undue restrictions on assembly and association,” said Civicus researcher Josef Benedict.

The PN government has, thus far, blocked Parti Pejuang Tanahair and Malaysian United Democratic Alliance (Muda) from being registered as political parties.

Both entities are led by leaders who were sacked from Bersatu, the main ruling party in the federal government.

Civicus’ observation was made following a report it jointly produced with UK-based human rights group Article 19, which looked at the state of fundamental freedoms under the first year of PN’s governance.

The report, titled “ Rights in reverse: One year under the PN government in Malaysia”, found the new government had aggressively applied repressive laws such as the Sedition Act 1948 and Communications and Multimedia Act 1998 (CMA).

In December last year, Foreign Minister Hishammuddin Hussein said Malaysia is bidding for a spot on the UN Human Rights Council for the 2022-2024 term.

In a joint-statement, Article 19 and Civicus said the PN government has undermined and obstructed the exercise of fundamental freedom during its 12 months in power.

“The government has not only failed to reform or repeal laws that restrict the rights to freedom of expression, peaceful assembly, and association but has initiated baseless criminal proceedings against government critics, human rights defenders, journalists, and individuals expressing critical opinions,” they said.

Article 19’s Malaysia Programme Officer E Nalini said there would not be a healthy environment for public discourse until the government respects dissenting and unpopular opinions.

“The PN government has been extremely secretive about its legislative agenda but has been crystal clear about its intention to continue using repressive laws to target critics and dissenters,” she said.

The report detailed 66 uses of the Sedition Act 1948 and the CMA 1998 in just a year.

“The CMA has also been used to investigate more than 250 individuals alleged to have spread ‘fake news’ about Covid-19.

“Although the government is justified in its concerns about misinformation concerning the virus, the criminal penalties associated with offences under the CMA are disproportionate to the alleged threat and have a chilling effect on freedom of expression,” the report said.

It also noted a regression of press freedom, noting actions against news outlets such as Al Jazeera and Malaysiakini.

The report also detailed issues with the freedom of assembly, including the arrest of the National Union of Workers in Hospital Support and Allied Services members for picketing.

Article 19 and Civicus urged the PN government to undertake a comprehensive and inclusive process of legislative and institutional reforms.

“Malaysia’s reform process must be informed by relevant international human rights standards.

“The PN government should take concrete steps towards the ratification of core human rights treaties, including the International Covenant on Civil and Political Rights,” he said.