E/CN.4/1990/46
page 24
"The alleged offences in the proceedings in question are regarded as
ordinary criminal offences and the religious convictions of those who
committed them have no bearing on the offences in question."
Malaysia
57. In a communication dated 3 October 1988 to the Malaysian Government
(E/CN.4/1989/44, para. 5 1 ) , the following information was transmitted by the
Special Rapporteur:
"It has been alleged that provisions of article II, paragraph 4, of
the Constitution, which establishes a control or restriction on the
propagation of any religious doctrine or belief among persons professing
the religion of Islam, have had a negative impact on the enjoyment of
freedom of thought, conscience and religion. It has been reported that,
since the beginning of the 1980s, a number of laws (the Control and
Restriction of the Propagation of Non-Islamic Religions enactment) have
been implemented in the constituent States of Kelantan, Trengganu,
Malakka and Selangor and that these laws, based on article II,
paragraph 4, of the Constitution, are aimed at curbing the propagation of
non-Islamic doctrines among Muslims. It has also been alleged that the
adoption of the Constitution, whereby the appeal competence of the
Supreme Court implementing Islamic law is strengthened, has resulted in a
form of coercion for non-Muslims to accept Muslim principles of conduct.
"It has been reported that, among 106 persons arrested at the end of
1987 with reference to section 73 (1) of the Internal Security Act, there
were some Christians detained for purely religious activities or merely
for belonging to a faith. It has further been alleged that, as at
May 1988, the following Christians were still in custody without trial
(10 names provided)."
58. On 5 January 1989, the Permanent Mission of Malaysia sent its additional
comments (see its first reply of 11 November 1989 in document E/CN.4/1989/44,
para. 52) to the Special Rapporteur concerning the above-mentioned
information, as follows:
"Further to my letter in the same series dated 11 November 1988, I am
pleased to forward herewith the Malaysian Government's reply in
particular to the allegation that 'among 106 arrested at the end of 1987
with reference to section 73 (1) of the Internal Security Act there
were some Christians detained for purely religious activities or merely
for belonging to a faith1
"1. The Government of Malaysia views with deep concern the
allegation communicated by the Special Rapporteur of the Commission on
Human Rights on religious intolerance, on the perceived limitation on the
enjoyment of freedom of thought, conscience and religion in this country,
citing in particular such limitation embodied in the enactment of the
Non-Islamic Religions (Control of Propagation Amongst Muslims) enactments
of Kelantan, Trengganu, Melaka and Selangor. It was also alleged that
the amendment of article 121 of the Constitution had resulted in a form
of coercion for non-Muslims to accept Muslim principles of conduct.