E/CN.4/1989/44 paqe 25 "It has been reported that amonq 106 people 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 belonqinq to a faith. It has further been alleged that as of May 1988, the followinq Christians were still in custody without trial (10 names provided)." 52. On 11 November 1988, the Permanent Mission of Malaysia communicated the reply of the Malaysian authorities to the Special Rapporteur, statinq in particular: "... when Malaysia achieved its independence in 1957, it inherited enormous national problems. Top of the list are the daunting problems of forqing unity among the multiracial and multi-religious composition of the newly born country which are not easily appreciated by foreiqn observers ... Malaysia, or Malaya then, was born from a land and State which had its own lonq established indiqenous institutions characterized by Islamic teachings and belief ... Malaysia was to be born as a multiracial and multi-reliqious nation. "One important factor underlyinq the opportunity of forqinq ahead for the birth of a united nation then was the fact that this multi-reliqious and multiracial society had had little experience in religious and racial interaction ... Yet, as civilized human beinqs, Malaysian leaders from the various ethnic communities worked out compromises between the ethnic groups ... The compromises agreed to include the understanding that all institutions indigenous to the country must be preserved, the character of the country and all its attributes must not only be maintained but strengthened further, and the rights of the indiqenous (Malays) must remain, while those of the other ethnic groups are guaranteed. "The spirit of the Constitution of Malaysia pertaining particularly to interracial and inter-religious relations between the various ethnic communities was derived from the above compromises. Indeed article 11 and the various legislations passed in consonance with that article are reflective of the compromise that the character of the country and all its attributes should not only be maintained but strengthened. This is the wish of the indigenous people (Malays) who are Muslims and indeed if there should be a chanqe in the characteristics mentioned above, it should only take place in accordance with the wishes of the Muslims. However, in keeping with the spirit of compromise, the Constitution at the same time guarantees freedom of worship to the others. "In respect of the adoption of the Constitution Amendment Act 1988 pertaininq to article 121, vis-a-vis the position of the Syariah Court, it must be emphasized that the related amendments are meant to place the Syariah Court in its proper function, i.e. to deal with religious (Islamic) laws. Riqhtfully, religious (Islamic) laws should be dealt with by the religious (Islamic) courts. A point to be stressed here is the fact that Islamic laws in this country apply to Muslims. Therefore the question of non-Muslims beinq coerced to accept Islamic laws does not arise.