Amnesty International (Autor): „The State of the World's Human Rights; Malaysia 2024“, Dokument #2124755

Freedom of expression

The government expanded laws unreasonably restricting freedom of expression, announcing that it would not amend the Printing Presses and Publications Act, nor amend or repeal the Sedition Act. In December the government rushed through amendments to the Communications and Multimedia Act (CMA) which increased restrictions on freedom of expression, rather than removing them. Previously, the government had promised in its 2022 general election campaign that all these laws would be revised. The authorities continued to use repressive laws, including the CMA and the Sedition Act, to silence dissenting voices.¹

In January, both the director and producer of the banned film Mentega Terbang were charged under the Penal Code for allegedly “wounding religious feelings”. Their judicial review against the government’s banning of the film was still pending at year’s end.

In June, human rights defender Mukmin Nantang was arrested for sedition after raising concerns about the eviction of the Bajau Laut community. He remained under investigation despite his release.²

In December, artist Fahmi Reza was arrested for sedition and remanded for one day over a caricature of Sabah’s newly appointed governor, Musa Aman, who previously faced corruption charges.

The government continued to restrict social media content by issuing “takedown requests” to social media platforms. Authorities passed new measures, introducing an Online Safety Bill, in part to address cyberbullying, but these changes raised concerns regarding future censorship.³ In December, rights groups condemned the government for fast-tracking amendments to the CMA that expanded powers to regulate content arbitrarily. ⁴

Freedom of peaceful assembly

Authorities continued to use the Peaceful Assembly Act (PAA), the Penal Code and the Minor Offences Act to restrict peaceful protests. Organizers and participants were subjected to unnecessary investigations, detention and use of force.

Despite the government’s supportive stance towards the rights of Palestinian people, police investigated pro-Palestinian protesters and organizers under the PAA. In October, police detained seven pro-Palestinian protesters near the US embassy. Civil society condemned this as a troubling misuse of the PAA that undermined the rights to peaceful assembly and freedom of expression.⁵

In March, four Women’s March Malaysia organizers and participants were questioned by police following a protest organized for International Women’s Day. They were investigated under both the PAA and Minor Offences Act, despite submitting advance notice of the rally to the police.

In June the Sabah government arrested eight stateless Bajau Laut Indigenous students, including at least three children. They were detained for seven days under the Immigration Act following a peaceful protest outside the Chief Minister’s office.⁶

In July, police used excessive force to intercept peaceful protesters from local human rights organization Teoh Beng Hock Association for Democratic Advancement during their march calling for justice for victims of custodial deaths. The group subsequently filed a complaint with the Independent Police Conduct Commission (IPCC).

Death penalty

According to official figures, between 1 January and 14 October, the Federal Court commuted 814 mandatory death sentences to 30- to 40-year prison terms and whippings. In the first year after the death penalty was made discretionary by the Abolition of Mandatory Death Penalty Act 2023, there was a significant decrease in death sentences imposed or confirmed on appeal, reducing death row numbers by over two thirds.⁷ However, the courts continued to impose the death penalty for drug-related offences, in violation of international law and standards.

In March the government confirmed in Parliament that the moratorium on executions would continue to be observed. In December the government voted in favour of the UN General Assembly resolution calling for a moratorium on executions pending the full abolition of the death penalty.

Torture and other ill-treatment

In January, civil society groups, including Amnesty International, urged that the IPCC be given more authority and independence to effectively address police misconduct.⁸

Government reports disclosed 24 custodial deaths recorded between 2022 and 25 May 2024, all officially attributed to medical reasons. There were also 20 deaths in immigration detention centres between January and June.

In September the Prime Minister announced that the police and the Human Rights Commission of Malaysia (Suhakam) would conduct investigations into injuries to and deaths of detainees in police custody.

In October a detainee in Pokok Sena prison died from a bacterial infection following a whipping sentence imposed and carried out after his death sentence was commuted.

Refugees’ and migrants’ rights

Refugees and migrants faced indefinite detention under harsh conditions. In March, the government denied reports of torture in immigration detention facilities. Also in March the government opened detention centres for undocumented children and families. This led to concerns about the indefinite detention of around 170 children, with no plans for their release. In December, authorities reported that 17,326 people were in detention across 25 centres. UNHCR, the UN refugee agency, had had no access to detention centres in the country since 2019.

In February, 131 detainees escaped from the Bidor Immigration Detention Centre, resulting in two deaths. In October, a report by the Enforcement Agency Integrity Commission confirmed severe abuse at Bidor.⁹

Deportations of immigration detainees continued, some of whom may have been at risk of human rights violations upon return. The High Court intervened to halt deportations of a Bangladeshi opposition leader and an Egyptian human rights defender. However, in October, a domestic worker was deported to Cambodia after they criticized Cambodian government leaders.

Indiscriminate immigration raids targeting undocumented migrants remained widespread.

Indigenous Peoples’ rights

Indigenous Peoples’ lands and livelihoods remained under threat from palm oil plantations, logging and dam construction. In July, seven Temoq Indigenous people in Pahang sued an oil palm plantation for encroaching on their customary land. In September, a court halted hydropower company operations on Semai Indigenous land in Perak due to lack of proper consent.

Right to a healthy environment

In June, the government announced a plan to reduce use of coal to at most 50% of total energy production by 2035 and to phase out coal completely by 2044. However, this would mean moving towards being more dependent on natural gas as a transitionary fuel, potentially prolonging fossil fuel dependence.