A/HRC/40/53/Add.1
labelled extremists, or “like Daesh”, in certain instances by authorities. This undercuts the
struggle against actual extremism and the critical efforts of these human rights defenders.
83.
In general, the Special Rapporteur regretted hearing reports of the difficulties that
human rights defenders and others face when they try to challenge fundamentalism, to
defend the diversities of Muslim culture or religious minorities, and to promote cultural
rights. Whereas she experienced Malaysian civil society as outspoken, several individuals
declined to meet with her to discuss these particular issues, reportedly due to fear of
reprisals – the only area in which this was the case.
84.
The civil society group G25, which seeks to promote tolerance, has had its book
Breaking the Silence: Voices of Moderation banned under the Printing Presses and
Publications Act (part IV: control of undesirable publications) (No. 12), order of 26 July
2017. The book contains writings by academics, journalists and civil society advocates on
the impact of the Islamic bureaucracy and the consistency of its actions with the
Constitution of Malaysia.
85.
The author and human rights advocate Faisal Tehrani, six of whose books have been
banned at the instigation of the National Council for Islamic Affairs, has had booksellers
afraid to sell his other books due to the chilling effect of the bans, has repeatedly received
threats and has been accosted and insulted in public, as has a member of his family. The
Special Rapporteur was glad to read the Court of Appeal’s January 2018 decision to quash
the banning order on four of his books, and welcomes the October 2018 decision of the
Attorney General not to appeal this judgement. Mr. Tehrani and other banned writers
should be compensated for their losses.
86.
Discrimination against the 500,000 to 800,000 Shia Muslims in Malaysia is a matter
of concern, especially because of the taboo surrounding the question. In a 1996 fatwa, the
National Council for Islamic Affairs declared the Shia school of Islam to be a deviant sect
and any production, broadcast and distribution of any books, pamphlets, films and videos
deviating from the Sunni teaching as haram (forbidden). Reports suggest that this problem
was exacerbated by the return of Saudi-trained scholars who imported sectarian views
leading to a growing trend of intolerance toward Muslim minorities. Shia Muslims have
reportedly been prohibited from engaging in their religious rituals, as have Ahmadi
Muslims.
87.
The Special Rapporteur deplores the fatwa against the Muslim women human rights
defenders Sisters in Islam, who are globally renowned for their work. This fatwa has
compromised their important work protecting the rights of women, led to cancellation of
some of their events due to the stigma, and resulted in increasing threats and online
harassment against them. The Special Rapporteur calls for the withdrawal of the fatwa and
will be watching developments in this case. She reiterates the recommendation of the
Committee on the Elimination of Discrimination against Women that the Government must
“ensure women human rights defenders can freely undertake their important work”.22 She
further calls on the Malaysian authorities to take all necessary steps to respect and ensure
the rights of all human rights defenders challenging fundamentalism and extremism.
88.
Putting a stop to the rise of fundamentalism and curbing its negative effect on
cultural rights requires political will, principle and moral courage, and must be a top
priority of Malaysia’s new Government. One expert indicated to the Special Rapporteur a
sentiment echoed by others, that “religion is being used as a weapon in Malaysia for
political gain and control”. The only way for cultural rights to be respected in the country is
for this weaponization of religion to cease.
22
CEDAW/C/MYS/CO/3-5, para. 50.
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