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. 15

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