A/HRC/40/53/Add.1 57. The Special Rapporteur heard accounts of Orang Asli villages being displaced for infrastructure or development projects, which implies loss of their traditional lands, the majority of which are not officially protected. For Orang Asli, losing their lands means active destruction of their ways of life, including the possibility of transmitting rituals, beliefs, knowledge and practices related to it. Significant steps must be taken with the Orang Asli on this matter. 58. Another issue concerns various projects aimed at collecting and transforming indigenous peoples’ knowledge about plants and the forest for the purpose of commercializing medicinal and beauty products. Free, prior and informed consent of the Orang Asli is necessary at the different steps of the process of gathering, analysing and transforming their knowledge. Benefit-sharing schemes should be carefully developed. 59. The Special Rapporteur was pleased to learn that her colleague the Special Rapporteur on the rights of indigenous peoples will visit Malaysia in 2019, and she considers that visit as an essential element of effective follow-up to the recommendations made in the present report, and by other relevant United Nations bodies, about the cultural rights of indigenous peoples in Malaysia. E. Freedom of artistic expression 60. Malaysia has a diverse and dynamic arts world. The Special Rapporteur was pleased to note that the National Heritage Act, of 2005, integrated both tangible and intangible forms of cultural heritage, including traditional art forms, and to note the pride that some federal officials expressed regarding traditional art forms (even some that are banned in the state of Kelantan). 61. The Special Rapporteur appreciated the fact that radio programming was available in multiple languages and dialects through Radio Television Malaysia, the public broadcasting system, but is also aware of civil society calls to increase local multilingual content on television. Diversity in programming could also be improved by providing greater support to independent and documentary film producers, and giving them access to national media to present their works. 62. The Special Rapporteur is concerned about the predominance of political parties in the media landscape and reiterates the recommendation to “take all necessary steps to ensure the independence of the media”.14 Of great concern also are the Sedition Act and certain sections of the Communication and Media Act, in particular sections 211 (1) and 233 (1), under which journalists and artists have been charged for the peaceful exercise of their right to freedom of expression. 63. Freedom of artistic expression faces a number of challenges in the country. The Special Rapporteur condemns restrictions and sometimes full bans imposed on a number of artistic and cultural practices at the state level, and on authors, publishers, filmmakers and artists at the federal level. At the time of her visit in 2017, those restrictions seemed to have increased over time. Many of those consulted criticized the lack of transparency and dialogue in the process of reviewing their works, and the difficulties that they faced in challenging the decisions. 64. The bans and restrictions in the state of Kelantan that target vibrant cultural heritage practices, such as Mak Yong, Wayang Kulit, Main Puteri and Dikir Barait, art forms that have contributed to Malaysia’s international reputation in these fields, are particularly worrying. These undue restrictions on the right to access and enjoy cultural heritage, and on the freedoms necessary for creative expression, negatively affect their practitioners, threaten the transmission of these art forms and must be lifted without delay. 65. The Special Rapporteur deplores the obviously discriminatory restrictions on women artists performing for mixed audiences in the state of Kelantan. These restrictions set a negative tone and encourage other informal restrictions in social and cultural practice 14 E/CN.4/1999/64/Add.1, paras. 38 and 76. 11

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