Information could not be found on the ill-treatment of the ethnic Chinese minority in Malaysia among the sources consulted by the DIRB.

The information that follows briefly describes the situation of the Chinese in religious, political, and educational spheres.

The Chinese are Malaysia's second-largest ethnic group (MRG Nov. 1992, 12; MRGI 1991, 348; Encyclopedia of the Third World 1992, 1198) and "dominate the economy, monopolize commerce and trade and provide a large part of the professional and general labor force" (ibid.). In 1990, they made up approximately 31 per cent of the population in Peninsular Malaysia, 29 per cent in Sarawak and between 14 (The Far East and Australasia 1996 1996, 558) and 20 per cent in Sabah (Asian Survey Oct. 1994, 904; Asiaweek 9 Feb. 1996, 29).

According to Encyclopedia of the Third World, the Chinese are predominantly urbanites, while the Malay are ruralites (1992, 1198). The Malay are legally defined as those who speak Malay as the mother tongue, are Muslim (MRG Nov. 1992, 12; Encyclopedia of the Third World 1992, 1198) and follow Malay customs (MRG Nov. 1992, 12).

Pro-Malay Affirmative Action Policies

According to Country Reports 1995, the Malaysian government implements

extensive 'affirmative action' programs designed to boost the economic position of the ethnic Malay majority which remains poorer on average, than the Chinese minority despite the former's political dominance. Such government affirmative action programs and policies do, however, limit opportunities for non-Malays in higher education, government employment, business permits and licenses, and ownership of newly developed agricultural lands. (1996, 670).

World Directory of Minorities (1991, 348) and Encyclopedia of the Third World (1992, 1198) corroborate this information. The latter source states that the constitution grants Malays "as bumiputras (sons of the soil) a special favoured position, with quotas in education and public service (and reservations of land) out of proportion to their actual numbers" (1992, 1201). For additional information on the government's affirmative action policies in business, the public service and education, please consult the November 1992 Minority Rights Group (MRG) attachment. Response to Information Request MYS23739.E of 14 May 1996, available at Regional Documentation Centres, discusses the pro-Malay hiring policy in the police force, armed forces and the civil service.

Religion

Although Islam is the official religion of Malaysia (Freedom in the World: 1994-1995 1995, 386; MRG Nov. 1992, 12; Encyclopedia of the Third World 1992, 1195), the constitution provides for the freedom of religion (Freedom in the World: 1994-1995 1995, 386; Country Reports 1995 1996, 665; The Far East and Australasia 1996 1996, 586), including the Chinese faiths (ibid.). Most Chinese tend to follow Confucianism, Buddhism or Taoism (ibid. 1996, 586; Encyclopedia of the Third World 1992, 1199; MRG Nov. 1992, 12).

Moreover, Country Reports 1995 states that the government has "refused to accede to pressures to impose Islamic religious law beyond the religious community (ibid.). Encyclopedia of the Third World corroborates this latter statement (1992, 1199, 1202).

Furthermore, the Chinese New Year is included among the national holidays (Encyclopedia of the Third World 1992, 1195; The Europa World Year Book 1995 1995, 1982), and although the Gregorian calendar is the national calendar, the Chinese, Hindu and Muslim calendars are also used (Encyclopedia of the Third World 1992, 1195).

Politics

Encyclopedia of the Third World states that the positions of Malaysian head of state and prime minister are open only to Malays and that the "structure of the federal parliament also favors Malay membership" (1992, 1198). Consequently, the most senior and most powerful government positions are held by ethnic Malays (Country Reports 1995 1996, 670).

In the state of Penang, ethnic Chinese leaders of a member party of the National Front coalition, which consists of ethnic-based parties, hold "exclusive power" (Country Reports 1995 1996, 667).

For a list of Chinese and Chinese-dominated political parties, please consult The Europa World Year Book, The Far East and Australasia and Political Handbook of the World: 1994-1995, available at Regional Documentation Centres.

Education

According to Encyclopedia of the Third World, there are 1,052 Chinese-language schools using either KuoYu or Mandarin (1992, 1212).

At the secondary level, the language of instruction is Bahasa Malaysia, although The Far East and Australasia indicates that Chinese and Tamil are taught as "pupils' own languages" at the secondary level (1996, 597-98). The same source states that private Chinese secondary schools also exist (ibid.). Universities, however, follow a quota system requiring 55 per cent of entrants to be Malay and 45 per cent non-Malay (ibid.).

In December 1995, the House of Representatives passed the new Education Bill and amended the Universities and University Colleges Act (Asian Survey Feb. 1996, 127). Although changes were introduced in the Education Bill, the plural education system that permits the Chinese- and Tamil-medium schools to coexist with those schools teaching in the Malay language was maintained (ibid.).

The Asiaweek attachment provides additional information on Chinese education.

The Media

According to Country Reports 1995, Chinese-language newspapers are "generally more free in reporting and commenting on sensitive political and social issues" (1996, 664). Freedom in the World: 1994-1995 states that although journalists practise self-censorship, Chinese-language newspapers are "fairly outspoken" (1995, 386).

According to Encyclopedia of the Third World, of West Malaysia's 42 dailies, 7 of the 14 published in the capital are in Chinese, of which Nanyang Siang Pao, Shin Min Daily News and Thung Pao are principal dailies (1992, 1214). Four of Sabah's seven dailies and seven of Sarawak's nine dailies are in Chinese (Encyclopedia of the Third World 1992, 1214). For a partial list of Malaysia's Chinese-language newspapers, please consult The Europa World Year Book 1995 and Encyclopedia of the Third World, which are available at Regional Documentation Centres.

According to Encyclopedia of the Third World, book publishing is also largely run by the Chinese (1992, 1215)

This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Asian Survey [Berkeley, Calif.]. February 1996. Vol. 36, No. 2. Mohamed Jawhar bin Hassan. "Malaysia in 1995: High Growth, Big Deficit, Stable Politics."

_____. October 1994. Vol. 34, No. 10. James Chin. "The Sabah State Election of 1994: End of Kadazan Unity."

Asiaweek [Hong Kong]. 9 February 1996. Vol. 22, No. 6. Roger Mitton. "Malaysia: Winners and Losers: The PM Gets Caught in a Controversy Over Sabah."

Country Reports on Human Rights Practices for 1995. 1996. United States Department of State. Washington, DC: United States Government Printing Office.

Encyclopedia of the Third World. 1992. 4th edition. Vol. 3. Edited by George Thomas Kurian. New York: Facts on File.

The Europa World Year Book 1995. 1995. 36th ed. Vol. 2. London: Europa Publications.

The Far East and Australasia 1996. 1996. 27th ed. London: Europa Publications.

Freedom in the World: The Annual Review of Political Rights and Civil Liberties 1994-1995. 1995. New York: Freedom House.

Minority Rights Group (MRG). November 1992. The Chinese of South-East Asia. London: Minority Rights Group.

Minority Rights Group International (MRGI). 1991. World Directory of Minorities. The High, Harlow and Essex: Longman Group UK.

Attachments

Asiaweek [Hong Kong]. 7 September 1994. Vol. 20, No. 36. "Education: Reforms: Chinese Lessons," pp. 41-42.

Minority Rights Group (MRG). November 1992. The Chinese of South-East Asia London: MRG, pp. 12-14, 35.

Additional Sources Consulted

Amnesty International Report. Yearly. 1992, 1993, 1994, 1995.

Asian Survey [Berkeley, Calif.]. Monthly. January 1992 to March 1996.

Asiaweek [Hong Kong]. Weekly. November 1995 to present.

Commentary: A Canadian Security Intelligence Service Publication [Ottawa]. Monthly. January 1995 to February 1996.

Critique: Review of the Department of State's Country Reports on Human Rights Practices. Yearly. 1994, 1995.

Current History [Philadelphia]. Monthly. January 1992 to May 1996.

Foreign Report [Surrey]. Weekly. January 1995 to June 1996.

Freedom Review [New York]. Quarterly. January 1995 to present.

Haynes, Jeff. 1994. Religion in Third World Politics.

Human Rights Watch Global Report on Prisons. 1993.

The Human Rights Watch Global Report on Women's Human Rights. 1995.

Human Rights Watch World Report Yearly. 1992, 1993, 1994, 1995.

International Commission of Jurists (ICJ) Review [Geneva]. 1993 to 1995.

La lettre hebdomadaire de la FIDH [Paris]. Fortnightly. January 1994 to May 1996.

News From Asia Watch [New York]. Monthly. 1991 to present.

Pacific Affairs [Vancouver]. Quarterly. 1994 to present.

Political Handbook of the World: 1994-1995. 1995.

Refugee Branch, Asylum Section, Citizenship and Immigration Canada, Hull. Infrequent reports.

Sik, Ko Swan (ed.). 1990. Nationality and International Law in Asian Perspective.

Tolley's Immigration and Nationality Law and Practice [Surrey]. Quarterly. 1993 to present.

On-line search of media sources.