MALAYSIA
USCIRF–RECOMMENDED FOR SPECIAL WATCH LIST
KEY FINDINGS
I
n 2020, religious freedom conditions for religious minorities and
the Sunni Muslim majority in Malaysia remained largely the same
as in 2019.
The Malaysian government requires members of the Sunni
Muslim majority to adhere to a strict, state-approved interpretation
of Islam and regulates the internal affairs of Muslims, leaving them
little freedom to practice according to their conscience. The pairing
of Malay ethnicity with Islam continues to infringe on the religious
freedom rights of ethnic Malays. In addition, Shari’a courts have
historically declared several minority Muslim groups as non-Muslim,
which persistently creates a grey area for those Malays who adhere
to what the government considers “deviant” forms of Islam. For
example, an ongoing court case to determine whether Ahmadiyya
Muslims can legally identify as Muslims remained unresolved after
being remitted to the High Court in August.
In February, the two-year-old pluralist Pakatan Harapan coalition collapsed and was replaced by the Perikatan Nasional (PN)
coalition. The PN coalition brought together the United Malay
National Organisation (UMNO) and the Pan-Malaysian Islamic
Party (PAS), a political party that has sought to incorporate corporal
hudud penalties into the state-level Shari’a system. In a November
coalition meeting, Prime Minister Muhyiddin Yassin stated that the
PN coalition would fight secularism and liberalism and insisted that
his government would hold fast against challenges to Shari’a. The
transition of power has spurred an increase in judicial harassment
from the police of human rights activists.
Malaysia’s systematic emphasis on Sunni Muslim identity continued to place particular pressures on non-Muslim communities.
On December 1, the state of Kedah in northwestern insular Malaysia
demolished a Hindu temple on land ostensibly unauthorized for the
building. This demolition follows a trend in recent years in which
authorities have ordered the destruction of hundreds of Hindu
temples, which officials disingenuously explain as a matter of land
usage to avoid framing the destruction as religiously motivated. NonMuslim communities remain forbidden from using Arabic words that
authorities claim are exclusive to Islam, such as the word “Allah”. Such
restriction affects the ability of Christians and others to import, print,
and distribute religious materials such as Bibles. However, Malaysia’s
top court has set a date in 2021 to hear the case—first raised in 2008—
of an indigenous Christian community’s right to use such language.
Non-Muslim communities are also prohibited from proselytizing
to Muslims. All religious conversions, including between non-Muslim
faiths, face serious restrictions. Some converts have won the right to
adopt their new religious identity openly, but only after taking the
issue to the High Court. The Malaysian federal government deemed
atheism unconstitutional, and those who are ethnically Malay and
identify as nonreligious are at risk of criminal prosecution for apostasy. Blasphemy is criminalized at the federal level in Malaysia’s
secular Penal Code, and at least five states criminalize apostasy with
fines, imprisonment, and/or detention in a “rehabilitation” center.
The special task force set up in June 2019 to investigate the disappearances of five individuals, including Pastor Raymond Koh and
Shi’a Muslim convert Amri Che Mat, continued to delay the release
of its findings throughout 2020. In November, Commissioner James
Carr adopted Pastor Koh through USCIRF’s Religious Prisoners of
Conscience Project.
During the coronavirus pandemic, public and official attitudes
hardened toward migrants, including Rohingya refugees. In May
and June, officials temporarily banned refugees and migrants
from mosques as they reopened religious buildings following the
Movement Control Order issued to stop the spread of the virus. In
addition, non-Muslim houses of worship, including Hindu temples
and Christian churches, were not prioritized for reopening and
faced different reopening times than mosques.
RECOMMENDATIONS TO THE U.S. GOVERNMENT
• Include Malaysia on the U.S. Department of
State’s Special Watch List for engaging in
or tolerating severe violations of religious
freedom pursuant to the International Religious Freedom Act (IRFA);
• Fund and implement training on community-based policing between the U.S.
Department of Justice and Department
of Homeland Security and their Malaysian counterparts to promote better
shared practices on interacting with faith
communities and protecting houses of worship and other religious sites;
• Urge the Malaysian government to repeal
the federal and state-level laws criminalizing blasphemy and apostasy, to remove
the constitutional link between the ethnic
Malay identity and Islam, and to release the
findings of the special task force investigating forced disappearances such as the case
of Pastor Koh; and
• Work with Malaysia and regional partners to
ensure the safety of migrants and refugees,
including those fleeing ethnic and religious
conflict, by facilitating access for the United
Nations High Commissioner for Refugees
(UNHCR) to refugee and migrant camps as
well as by contributing to the Association
of Southeast Asian Nations (ASEAN) Trust
Fund for Humanitarian Relief Efforts.
KEY USCIRF RESOURCES & ACTIVITIES
• Factsheet: Rohingya Refugees in Southeast Asia
• Op-Ed: Malaysia’s Unwelcoming Shore for Refugees Fleeing Religious Persecution (in The Diplomat)
78
USCIRF | ANNUAL REPORT 2021
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