A/HRC/40/53/Add.1
ethnic tensions between Malays and ethnic Chinese Malaysians and foster harmony by
reducing economic inequalities. Malays were guaranteed a number of governmental
benefits in terms of access to land, to physical capital and participation in economic
activities, to training and to public facilities, especially through the implementation of the
New Economic Policy (1971–1990). Though initially established as temporary, many of
these affirmative actions – referred to as “the Bumiputera policy” and applying to “Malays
and natives of Sabah and Sarawak” – are still in force today. The fairness of this
continuation is now the subject of debate among Malaysians.
III. Realizing cultural rights in Malaysia: specific issues
A.
System of cultural governance
25.
While the Special Rapporteur was pleased to meet many government officials who
were committed to striving for improvement in the enjoyment of cultural rights,
implementation and monitoring to bring stated commitments and practice into line remain
an outstanding concern. A very sophisticated set of institutions exists in the area of cultural
governance in Malaysia, both at the federal and the state levels, and the Special Rapporteur
was pleased to have met with representatives of many of them. Malaysia has a federal
Ministry of Tourism and Culture, as well as two dedicated entities at the state level: the
Ministry of Tourism, Arts, Culture, Youth and Sports Sarawak and the Ministry of
Tourism, Culture and Environment Sabah, and a number of specialized agencies.
26.
The national culture policy was introduced in 1971. During the Special Rapporteur’s
visit, the Government informed her that the policy was being revised to determine the way
forward and to integrate the 2030 Agenda. However, none of the relevant civil society
actors that she met seemed to have been meaningfully informed or involved in the
discussions. Should the new Government continue the review, she urges it to engage in an
open and participatory process with all stakeholders.
27.
The Special Rapporteur appreciated the commitment to diversity expressed
repeatedly by cultural officials, and their pride, for example, in the diversity of holiday
celebrations in Malaysia and in open house and homestay programmes that are meant to
foster inter-ethnic and interreligious understanding. She was also pleased by their sense that
culture is a critical part of development, that there is a need to promote the arts in daily life
and that “culture is the soul of the country”.
28.
A precondition for the exercise of cultural rights is that cultural resources are made
accessible to all. Innovative programmes, such as “one museum, one student” which aims
to ensure museum visits by students, are being developed to increase cultural awareness.
The national archive is undertaking a praiseworthy initiative to digitize its documentation
system so that important historical documents are not lost. Public museums and the
National Academy of Arts, Culture and Heritage (ASWARA) have integrated the arts,
crafts, traditional costumes and performances of a diverse range of Malaysians into their
programmes.
29.
However, the Special Rapporteur has received reports questioning the way in which
some cultural resources are being presented and transmitted. One tension to consider is the
relationship between culture and tourism, which have been combined in one ministry at the
federal level. There are also concerns about “the need to monetize culture”, which can have
both positive and negative consequences. Using culture as a resource for development and
tourism can boost regional economies and provide avenues for promoting a diversity of
arts, crafts and ways of life. From a cultural rights perspective, however, what is important
is that people continue to live their culture in a way that is meaningful to them, not only
perform it for tourism-related purposes, and that they are the main actors and beneficiaries
of their practices and ways of life, not that the revenue generated with their products and
knowledge end up in the hands of others.
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