A/HRC/40/53/Add.1 Rapporteur underscores that the Government has a responsibility to safeguard the religious freedom of all, and not to protect any religion – or any interpretation of that religion – per se, and that freedom of religion or belief also includes the right not to profess any religion and to change one’s religion or belief. 19. The Special Rapporteur notes that particular challenges arise in light of Malaysia’s plural legal systems, including civil courts, Syariah Courts and indigenous customary courts. The Syariah Courts only apply to those deemed Muslims. They have jurisdiction in matters such as marriage, inheritance, adoption and “apostasy”, and have a particular impact on the human rights, including the cultural rights, of women and children. In addressing women’s equal cultural rights, the former Special Rapporteur emphasized that legal pluralism could be problematic when communal or tribal courts or elders are authorized to apply “traditional” values, norms and practices.4 However, she also noted that some “fairer balance between gender equality and recognizing cultural and religious identities” was possible in systems that allowed recourse to constitutional challenge of traditional authorities, or that ensured that any such plural systems could not justify or enact dehumanization, violations of dignity or injuries to the physical or mental well-being of women.5 20. Malaysia aligned its tenth and eleventh development plans with the Sustainable Development Goals. Of particular interest for the visit, because of their relationship with the realization of cultural rights, were the commitments to reach Goal 4 on inclusive and equitable education, Goal 5 on gender equality, Goal 10 on reducing inequality, Goal 11 on resilient and sustainable cities and Goal 16 on an inclusive society and the rule of law. The Special Rapporteur encourages the Government to make clearer the essential role of cultural rights in development and in the eradication of poverty, as well as in building social cohesion and mutual respect and understanding. 6 21. Although article 8 of the Constitution proclaims equality before the law of all persons and the Government aims to implement the 2030 Agenda for Sustainable Development objective of leaving no one behind, Malaysia has not ratified the Convention relating to the Status of Refugees, of 1951, nor has it enacted any laws or regulations concerning the status of asylum seekers and refugees in the country, leaving this part of the population highly vulnerable. C. General context 22. Malaysia has developed as a multi-ethnic society comprised of diverse ethnic, linguistic and religious groups. Apart from the largest groups, of Malays, Chinese and Indians, Malaysia is home to a number of minorities and indigenous peoples, including the Negrito, the Senoi and the Proto-Malay in Peninsular Malaysia (generally referred to as Orang Asli), the Kadazan Dusun, the Bajau and the Murut mainly in Sabah, and the Iban, the Bidayuh, the Melanau and the Orang Ulu predominantly in Sarawak. Malaysia is also a multi-religious society, with a population comprised of approximately 60 per cent Muslims, 20 per cent Buddhists, 9 per cent Christians, 6 per cent Hindu and others. One of Malaysia’s strengths in the past has been the conscious efforts to capitalize on the diversity and creativity of its people to build the nation. 23. There are over 130 languages spoken in the country, the vast majority of them being indigenous languages. Malay is recognized as the sole official language, however public primary schooling is provided in Mandarin, in Tamil and in some of the major indigenous languages such as Semai in Peninsular Malaysia, Iban in Sarawak, and Dusun and Kadazan in Sabah. 24. Since the 1969 Kuala Lumpur riots which led to a two-year state of emergency and suspension of the Parliament, one declared goal of the Government has been to defuse 4 5 6 A/67/287, para. 52. Ibid., para. 53. A/HRC/14/36, para. 3. 5