A/HRC/40/53/Add.1
57.
The Special Rapporteur heard accounts of Orang Asli villages being displaced for
infrastructure or development projects, which implies loss of their traditional lands, the
majority of which are not officially protected. For Orang Asli, losing their lands means
active destruction of their ways of life, including the possibility of transmitting rituals,
beliefs, knowledge and practices related to it. Significant steps must be taken with the
Orang Asli on this matter.
58.
Another issue concerns various projects aimed at collecting and transforming
indigenous peoples’ knowledge about plants and the forest for the purpose of
commercializing medicinal and beauty products. Free, prior and informed consent of the
Orang Asli is necessary at the different steps of the process of gathering, analysing and
transforming their knowledge. Benefit-sharing schemes should be carefully developed.
59.
The Special Rapporteur was pleased to learn that her colleague the Special
Rapporteur on the rights of indigenous peoples will visit Malaysia in 2019, and she
considers that visit as an essential element of effective follow-up to the recommendations
made in the present report, and by other relevant United Nations bodies, about the cultural
rights of indigenous peoples in Malaysia.
E.
Freedom of artistic expression
60.
Malaysia has a diverse and dynamic arts world. The Special Rapporteur was pleased
to note that the National Heritage Act, of 2005, integrated both tangible and intangible
forms of cultural heritage, including traditional art forms, and to note the pride that some
federal officials expressed regarding traditional art forms (even some that are banned in the
state of Kelantan).
61.
The Special Rapporteur appreciated the fact that radio programming was available in
multiple languages and dialects through Radio Television Malaysia, the public broadcasting
system, but is also aware of civil society calls to increase local multilingual content on
television. Diversity in programming could also be improved by providing greater support
to independent and documentary film producers, and giving them access to national media
to present their works.
62.
The Special Rapporteur is concerned about the predominance of political parties in
the media landscape and reiterates the recommendation to “take all necessary steps to
ensure the independence of the media”.14 Of great concern also are the Sedition Act and
certain sections of the Communication and Media Act, in particular sections 211 (1) and
233 (1), under which journalists and artists have been charged for the peaceful exercise of
their right to freedom of expression.
63.
Freedom of artistic expression faces a number of challenges in the country. The
Special Rapporteur condemns restrictions and sometimes full bans imposed on a number of
artistic and cultural practices at the state level, and on authors, publishers, filmmakers and
artists at the federal level. At the time of her visit in 2017, those restrictions seemed to have
increased over time. Many of those consulted criticized the lack of transparency and
dialogue in the process of reviewing their works, and the difficulties that they faced in
challenging the decisions.
64.
The bans and restrictions in the state of Kelantan that target vibrant cultural heritage
practices, such as Mak Yong, Wayang Kulit, Main Puteri and Dikir Barait, art forms that
have contributed to Malaysia’s international reputation in these fields, are particularly
worrying. These undue restrictions on the right to access and enjoy cultural heritage, and on
the freedoms necessary for creative expression, negatively affect their practitioners,
threaten the transmission of these art forms and must be lifted without delay.
65.
The Special Rapporteur deplores the obviously discriminatory restrictions on
women artists performing for mixed audiences in the state of Kelantan. These restrictions
set a negative tone and encourage other informal restrictions in social and cultural practice
14
E/CN.4/1999/64/Add.1, paras. 38 and 76.
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