A/HRC/40/53/Add.1
for Malaysian Muslim women in many contexts. This has reportedly homogenized
women’s attire, normalized “modest” dress which is not traditional to Malaysia, and
reduced Muslim women’s cultural choices. This transformation occurred in a short span of
time, such garments being virtually unknown in Malaysia as recently as the 1970s. Other
women are also affected by the regulation of “modesty”.19 Security guards are reportedly
being allowed to police dress in some official buildings where it is impermissible to appear
sleeveless. The Special Rapporteur was particularly concerned to hear reports that some
girls had been told by teachers that they had to pay a fine if they came to school unveiled,
and that a teacher had said that girls who covered were her children, but those who did not
were not. She notes increasing representation of only one form of dress for Muslim women
in official publications and textbooks. One human rights defender reported that a hijab had
been photoshopped onto her photograph on the Internet.
77.
The Special Rapporteur was also dismayed to learn that religious minorities had
been prohibited since 1986 from using the Arabic word Allah (God), and of the seizure of
publications using that word. This results in undue restriction on the freedom of religious
minorities to express their faith as they wish to, and of non-religious people to openly
discuss their beliefs.
78.
There appears to be no official recognition or acceptance of non-religious persons,
though experts indicate that there is nothing in the Constitution that prohibits being an
atheist. The Special Rapporteur condemns the reported statements by ministers in the Prime
Minister’s department that those involved in a gathering of atheists shortly before her
mission should be investigated or forced into re-education. Non-religious persons must be
recognized, alongside the wide variety of religious believers, as part of the fabric of a
diverse and tolerant society. The Special Rapporteur on freedom of religion or belief has
regularly reiterated that “the right to freedom of religion or belief applies equally to theistic,
non-theistic and atheistic beliefs. Furthermore, the right not to profess any religion or belief
is also protected.”20
79.
The rule that those choosing to leave Islam must undergo counselling and must
obtain a certificate from a Syariah Court to do so is demeaning and a limit on their right to
take part in cultural life without discrimination. The Special Rapporteur was sorry to learn
that some of the lawyers who had represented clients in such cases were reported to be
shunned, and stresses that freedom of religion or belief includes the right to change one’s
beliefs.21
80.
Islamization has also affected official views of the past, with reports that the preIslamic history of Malaysia, as well as non-Muslim cultural heritage, are being omitted
from textbooks so that the contributions of Malaysians of Chinese and Indian descent and
of indigenous peoples are marginalized. Certain contributions by indigenous peoples, such
as stories, are progressively modified to make them more “Malay”, thereby erasing their
origins. Ensuring that the rich heritage of the past is broadly shared is critical to promoting
and protecting diversity and tolerance today.
81.
One of the most worrying developments that the Special Rapporteur was informed
about is the emergence of several abduction cases reportedly targeting those associated with
religious minorities, including Pastor Koh. This suggests the possibility of extremist
violence. She strongly supports the public inquiry held by SUHAKAM into these cases,
and hopes that this body will be afforded every assistance and support in this regard. She
calls for every effort to be made to locate the missing persons in question.
82.
The Special Rapporteur is gravely concerned about the misuse of the concept of
extremism to repress activities undertaken in accordance with international human rights
standards. She was very sorry to receive reports that progressive Muslim groups and
lesbian, gay, bisexual, transgender and intersex rights defenders had erroneously been
19
20
21
14
See also CEDAW/C/MYS/CO/3-5, para. 19.
A/62/280, para. 75.
CCPR/C/21/Rev.1/Add.4, para. 5.