A/HRC/40/53/Add.1
indicated that these were given serious consideration, some in civil society felt that little
action had been taken in this regard on some critical issues.
14.
At the time of her visit, the Special Rapporteur was informed about the ongoing
development of a new national strategy on human rights through a thorough process which
reportedly involved some 50 agencies and elements of civil society and which took account
of the United Nations Handbook on National Human Rights Plans of Action, of 2002. The
National Human Rights Action Plan was launched on 1 March 2018. It aims to provide a
way of assessing divergence between practice and human rights guarantees, to integrate
human rights efforts by all ministries and to contribute to the promotion of human rights in
Malaysia. The Special Rapporteur encourages the Government to make ratification of the
core international human rights treaties a priority of this plan and to clarify the role of all
international human rights standards as benchmarks. She also hopes that concrete
procedures for monitoring the implementation of the plan will be developed and will
include close cooperation with the Human Rights Commission of Malaysia (SUHAKAM).
She is pleased to learn that cultural rights were incorporated in the second pillar of the plan,
and urges that these rights be fully implemented in accordance with international standards,
taking into consideration the work of her mandate.
15.
SUHAKAM was established in accordance with the principles relating to the status
of national institutions for the promotion and protection of human rights (the Paris
Principles) and seems to enjoy the ability to carry out its work meaningfully, including by
conducting investigations into violations. However, official and regular interactions
between SUHAKAM and policymaking bodies are not adequately ensured. The Special
Rapporteur believes that cooperation in the field of human rights could be further
developed by arranging for the annual reports of SUHAKAM to be debated in Parliament,
either at one of its general sessions or through a permanent parliamentary committee, with
gender-balanced membership, established to consider these questions.
B.
Constitutional and legislative framework
16.
The Malaysian Federal Constitution contains a chapter on the protection of
fundamental rights and freedoms. Important freedoms relating to cultural rights are
included, such as the rights to equality and to freedoms of religion, expression, assembly
and association, and rights in respect of education. However, no direct reference is made to
cultural rights, in particular the rights to take part in cultural life, to engage in creative and
artistic activities, to enjoy the arts and cultural heritage or to share in scientific
advancement and its benefits. Article 152 states that the national language is Malay and
provides that everyone is free to teach, learn or use any other languages, except for official
purposes – understood as interactions with the authorities.
17.
Although freedom of “speech and expression” are recognized in the Constitution
under article 10 (1) (a), they are severely limited and qualified by broad provisions in
article 10 (2) (a). The Special Rapporteur remains concerned about a number of national
laws, including the Sedition Act of 1948, the Communication and Multimedia Act of 1998,
the Printing Press and Publications Act of 1984, the Official Secrets Act, and the Evidence
Act, which are reportedly used to curtail expression or acts seen as critical of religion or the
Government. This affects not only the media landscape but also freedom of artistic
expression and the right to take part in cultural life generally.
18.
Article 3 of the Constitution states that Islam is the religion of the federation but that
other religions may be practised in peace and harmony in any parts of the federation.
Article 11 recognizes the right of every person “to profess and practise his religion” and “to
propagate it”, subject to possible limitations on doing so among “persons professing the
religion of Islam”, as well as the right for any religious group to manage its religious affairs
and maintain religious institutions. Pursuant to articles 74–79 of the Constitution, matters
related to what are deemed to be Muslim laws are decided upon by the State legislature.
However, the Federal Department of Islamic Development (JAKIM) plays a dominant role
in shaping the policy for the development of Islam in the country and in standardizing laws,
regulations, teachings and information in this regard across the country. The Special
4