A/HRC/40/53/Add.1
involving women performing on stage. The Special Rapporteur was told of social pressures
on women performing, for example in university contexts, in other parts of Malaysia as
well, and a perceived growing social stigma against women appearing on stage.
66.
Steps must also be taken to make up for the negative impact – including stigma –
caused by these bans and restrictions and to support these art forms and their practitioners
inside Kelantan and elsewhere, in close consultation with practitioners affected. Simply
moving the practice of these art forms away from the region where some of them emerged
is insufficient to guarantee cultural rights. Measures should be taken to improve
understanding of the meaning of these practices and their long histories in Malaysia. In
doing so, it is important not only to focus on the ritual elements but also on the social
function that these arts play in society, by providing spaces to engage intergenerationally
and to explore social issues.
67.
There is an urgent need to review and clarify the criteria for censorship of books and
films and to make the decision-making process more transparent so as to guarantee freedom
of artistic expression. Terms such as “controversial” or “sensitive” are too subjective to
conform to international standards on freedom of expression. The authorities should abolish
prior censorship bodies and processes and make use of rating and classification (age limit)
procedures that apply to the work as a whole, rather than imposing cuts within a work.15
68.
The Special Rapporteur was very surprised to hear of the banning of books,
including some about moderate and progressive Islam, when the Government extols these
very concepts abroad. This can have a chilling effect on needed debates. She is also deeply
concerned that cartoonist Zunar has faced a travel ban, confiscation of his artworks and
nine charges under the Sedition Act related to tweets, all of which send a negative message
about everyone’s right to freedom of artistic expression.
69.
Artistic works and fiction explore a variety of aspects of reality and must be
understood and respected as a crucial element of the freedom indispensable for creative
activities. The Government of Malaysia needs to develop concrete plans to guarantee
freedom of artistic expression. The Special Rapporteur encourages the Government to
support a diversity of spaces and platforms for people to engage meaningfully with one
another about culture, including in relation to issues upon which they do not agree.
F.
Fundamentalism, extremism and cultural rights
70.
The impact of fundamentalism and extremism on cultural rights was the Special
Rapporteur’s priority theme for 2017, and one of her major concerns during her mission to
Malaysia. As explained in her related thematic report (A/HRC/34/56), fundamentalisms
are: “political movements of the extreme right, which in a context of globalization ...
manipulate religion, culture or ethnicity, in order to achieve their political aims”.16
Fundamentalisms have emerged out of all of the world’s major religious traditions.
Opposition to fundamentalism is not akin to an anti-religion stance. Both religious believers
who do not conform to fundamentalist dogma, including clergy, and non-religious people
have often been targets of fundamentalist movements. Both have played important roles in
the human rights struggle against fundamentalism.
71.
The Special Rapporteur deeply appreciated the response from Malaysia to her
thematic report on fundamentalism, extremism and cultural rights: “The challenges and
threats of fundamentalism and extremism to cultural rights … deserve more consideration
by this Council. In Malaysia’s experience, ensuring a multiracial, multi-religious and multiethnic population have freedoms to practise their cultures, traditions and religious beliefs
has been essential and integral to our nation-building and progress.” 17 The Special
15
16
17
12
A/HRC/23/34, paras. 57–64.
See para. 4.
Statement by Syed Edwan Anwar, Permanent Mission of Malaysia to the United Nations Office and
other international organizations in Geneva, to the Human Rights Council at its thirty-fourth session,
6 March 2017.