E/CN.4/1989/44
paqe 26
"On the question of the detention of certain members of the
Christian community under the Internal Security Act (ISA), it has to be
emphasized that the detentions were for reasons of security. They were
detained purely for activities deemed prejudicial to peace and order
because they concerned sensitive issues affectinq the nation, one of
which is religion. To understand the danqer of such tension to the
security and stability of the country, one has to appreciate the
historical background of the country and the compromise worked out
between the multi-racial and multi-religious community as outlined
earlier.
"Before independence, misunderstandinq based on racial and reliqious
differences had led to riots. The compromises worked out between the
various ethnic communities durinq independence have worked wonders for
Malaysia's harmony. However from time to time since independence racial
and reliqious clashes happened and on one occasion in 1969 led to a
riot. These dark spots in our history were the result of activities of
extreme elements from the various communities challenqinq the compromises
which have been agreed to. The Government's October 1987 action under
the ISA was to prevent the hiqhly tense racial and religious sentiments
existing then, as a result of the extreme activities of those detained,
from taking over ... and to prevent the outbreak of racial and religious
riots. In doing so the Government did not discriminate on grounds of
race or religion. As a matter of fact those detained included several
members of the Muslim community who, like the others detained, also
contributed to heightening racial and religious tension.
"For the record, (seven names provided) have been released from
detention."
Nepal
53. In a communication of 3 October 1988 addressed to the Government
concerned, the following information was transmitted by the Special Rapporteur:
"It has been alleqed that the enforcement of various legal
provisions (such as art.14 of the Constitution, which states that no
person shall be entitled to convert another person from one religion to
another, or the provisions of the Muluki Ain, under which anyone who
propagates Christianity, Islam or any other faith may be punished by
three years' imprisonment, or by six should conversion have taken place)
has resulted in violations of the right to freedom of thought, conscience
and religion.
"A case has been reported where 11 Catholics, includinq two members
of the Community of the Sisters of Charity of Nazareth, Kentucky (names
provided), one priest and local Nepalese Christians, allegedly received a
guilty verdict in December 1987 for either preaching Christianity or
converting to it. The case was reportedly immediately appealed, but no
information seemed to be available as to the date for the next hearing of
the case. The accused had allegedly been beaten while in police custody
and forced to sign confessions."