Human Rights Law at Malaysia
Human Rights Law in Malaysia is governed by a mix of domestic law, constitutional provisions, and international obligations—though the country has a complex and sometimes controversial relationship with human rights protections.
Here's a concise overview:
1. Constitutional Framework
Malaysia’s Federal Constitution contains a number of fundamental liberties, including:
Article 5 – Right to life and personal liberty
Article 8 – Equality before the law
Article 10 – Freedom of speech, assembly, and association
Article 11 – Freedom of religion
However, many of these rights are not absolute and can be limited by laws such as:
The Sedition Act 1948
The Official Secrets Act 1972
The Peaceful Assembly Act 2012
The Security Offences (Special Measures) Act 2012 (SOSMA)
2. Key Human Rights Issues
Freedom of expression and press: Often restricted through sedition laws and media control.
Freedom of assembly: Peaceful protests are often subject to police permits and limitations.
Religious freedom: Islam is the official religion, and conversion from Islam is legally restricted in several states.
LGBTQ+ rights: Same-sex relations are criminalized under both secular and Shariah law.
Detention without trial: Laws like SOSMA allow detention without trial for certain offences.
Death penalty: Historically mandatory for some offences, though recent reforms are moving towards more judicial discretion.
3. International Human Rights Obligations
Malaysia is a member of the United Nations and has ratified some international human rights treaties, including:
CEDAW – Convention on the Elimination of All Forms of Discrimination Against Women
CRC – Convention on the Rights of the Child
CRPD – Convention on the Rights of Persons with Disabilities
However, Malaysia has not ratified major treaties like:
ICCPR – International Covenant on Civil and Political Rights
ICESCR – International Covenant on Economic, Social and Cultural Rights
CAT – Convention Against Torture
4. Human Rights Commission of Malaysia (SUHAKAM)
Established in 1999 under the Human Rights Commission of Malaysia Act 1999
Responsible for promoting awareness, advising the government, and investigating complaints
Often plays a watchdog role, but lacks enforcement power
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