Malaysia Human Rights Report 2011 : Civil & Political Rights

SUARAM'S annual Human Rights Report on Malaysia is widely recognized as the most objective, comprehensive and dependable source of information of the state of human rights defenders that take place in Malaysia during the year.

On the eve of Malaysia Daya 2011, Prime Minister Najib Razak took many by surprise by announcing that his administration, in turning Malaysia into a modern and progressive nation would abolish the draconian and outdated Internal Security Act 1960 and other legislation such as the Emergency proclamations, Restricted Residence Act 1933 and Banishment Act 1959.

By the end of 2011, the ISA remained not only in place but was also employed against suspected militants after its abolishment had been pronounced. Also, the arrest of six members of Parti Sosialis Malaysia under the Emergency (Public Order and Prevention Crime) Ordinance 1969 ('EO') spoke volume of the Prime Minister's commitment on his promises.

The rights to freedom of Assembly and association were further curtailed by the introduction and speedy passing of the Peaceful Assembly bill (as it then was) without any form of public consultation. Hailed by the Prime Minister as 'revolutionary', the new legislation was to replace Section 27 of the Police Act 1967, which he had earlier identified in his Malaysia Day speech, as being outdated and in need of a change. The revolutionary law was seen as more regressive in many ways, with its total ban on street protests and the imposition of hefty fines if assembly is deemed to be "illegal". Freedom of assembly now comes with a heavy price tag.

The establishment of the Independent Police Complaints and Misconduct Commission as recommended by the Royal Police Commission remained unfulfilled. This has led to numerous abuses of power by the police throughout the year. At least 25 people died in the hands of the police and other enforcement agencies in 2011, up from 18 cases recorded the previous year. There were close to 60 cases of other kinds of abuse that SUARAM registered, ranging from physical violence to other degrading forms of treatment, as well as corruption.

Despite not having ratifying the 1951 United Nations Convention Relating to the Status of Refugees, Malaysia had made attempts at swap deals between Australia and Myanmar. These attempts revealed the government's intention to eradicate 'unwanted illegal's in Malaysia. Furthermore the introduction of the 6P program, despite containing deportation clause, was seen as a way to circumvent the 1951 Refugee Convention.

All of the above, together with the reluctance to grant Suhakam greater independence and powers, and the refusal to accede to another major international human rights instruments showed that the Barisan Nasional government’s human rights record for 2011 was bleak, little difference to that of the past.