Freedom in the World 1998 - Malaysia

1998 Scores

Status: Partly Free
Freedom Rating: 5.0
Civil Liberties: 5
Political Rights: 5

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Malaysia's political rights rating changed from 4 to 5 due to the jailing of two leading political opponents and increased restrictions on freedom of expression.

Overview

In 1998, as Malaysia's economic crisis worsened, premier Mahathir Mohamad tightened his grip over society by arresting his deputy premier, which was viewed as politically motivated, as well as by jailing an opposition leader and applying new pressures on the media and non-governmental organizations.

Malaysia was established in 1963 through a merger of independent, ex-British Malaya with the then-British colonies of Sarawak, Sabah, and Singapore (Singapore withdrew in 1965). The constitution provides for a 192-seat House of Representatives, which is directly-elected for a five-year term, and a 58-member Senate. Executive power is vested in the prime minister and the cabinet. As head of state, the King can delay legislation for thirty days.

The 14-party, ruling National Front coalition has captured at least a two-thirds majority in the lower house in nine straight general elections since 1957. The Front is dominated by the conservative, Malay-based United Malays National Organization (UMNO). Although the government has gained considerable legitimacy by presiding over a rapidly expanding economy, it continues to use security laws to limit peaceful dissent.

Mounting Malay frustration over the economic success of the ethnic Chinese minority exploded into anti-Chinese rioting in 1969. In 1971, the government responded with still-existing quotas for Malays in education, the civil service, and business affairs.

The current premier and UMNO leader, Mahathir Mohamad, took office in 1981 and has since consolidated executive authority and rejected the notion of a loyal opposition. In 1988, following internal UMNO disputes, dissidents formed Semangat '46 (Spirit of '46, the year UMNO was founded in Malaya). In 1989, Semangat '46 joined the country's first Malay-led opposition coalition, but it failed to unseat the Front in the 1990 national elections.

In the 1995 parliamentary elections, the National Front took 162 seats; the remainder went to four opposition parties including Semangat '46. In 1996, Semangat '46 members, frustrated with being in opposition, folded the party into UMNO.

By 1997, the effects of a decade of excessive corporate borrowing, financial distortions caused by crony capitalism, a high current account deficit, and the government's spending on prestige infrastructure projects drove the ringgit down 40 percent in the second half of the year. Mahathir responded with anti-foreigner and anti-Semitic harangues and threats to restrict currency dealing.

In spring 1998, long-simmering leadership tensions between Mahathir, 72, and Anwar Ibrahim, 51, the deputy premier and Mahathir's presumed successor, flared openly over economic policy. Anwar supported an International Monetary Fund-style program of raising interest rates and cutting spending, while Mahathir favored expansionary policies.

In August, GDP figures confirmed that the Malaysian economy had entered into its first recession in 13 years. On September 2, Mahathir sacked Anwar on charges of sexual misconduct after the deputy premier refused to resign. Anwar then held a series of public rallies calling for political reform and Mahathir's resignation. On September 20, police arrested Anwar under the Internal Security Act on charges of treason. Days later, Anwar appeared in court with bruises. In the ensuing weeks, police used tear gas and water cannon to break up pro-Anwar demonstrations in Kuala Lumpur and smaller towns. On November 2, a court began trying Anwar on 10 charges of corruption and illegal homosexual acts.

Malaysia's political outlook is unclear, and Mahathir faces critical UMNO leadership elections in fall 1999. Meanwhile, the Islamic opposition party PAS and other groups have formed the Malaysian People's Justice Movement in order to demand an end to Mahathir's rule.

Political Rights and Civil Liberties

Malaysians have a limited ability to change their government through elections. The government exercises significant control over the media, uses numerous security laws to restrict freedoms of expression and association, and reportedly punishes opposition-held states by dissuading foreign investment and reducing development funds. Nevertheless, PAS, an Islamic opposition party, has controlled Kelantan state since 1990. The Mahathir government has made legitimate efforts to curb corruption and money politics.

The judiciary is subject to government influence in sensitive political and commercial cases. Mahathir, as home affairs minister, controls all important judicial appointments. Shari'a (Islamic law) courts have authority over family and property matters in the Muslim community. Nine states in Malaysia have traditional sultans, and the sultans are at the apex of the Islamic religious establishment in each of these states. The king, who is elected by and from among the nine sultans, supervises Islamic affairs in the four remaining states. Mahathir's advocacy of a progressive practice of Islam, his criticism of the ulama (religious scholars), who head the Shari'a courts, for discriminating against women, and his support for unifying the state Islamic laws under a federal system has angered many conservative Malays.

Successive governments have used a series of security laws over the years to detain alleged Communists, religious extremists, Vietnamese boat people, and opposition figures. The exact number of people presently detained is not known. The 1960 Internal Security Act and the 1969 Emergency Ordinance both permit detention of suspects for up to two years. The 1970 Sedition Act Amendments prohibit discussion of the privileges granted to Malays and other sensitive issues. A 1987 amendment to the 1984 Printing Presses and Publications Act (PPPA) bars the publication of "malicious" news, expands the government's power to ban or restrict publications, and prohibits publications from challenging such actions in court.

In July, Lim Guan Eng, the deputy leader of the opposition Democratic Action Party, began serving a three-year sentence on apparently politically motivated charges under the Sedition Act and the PPPA for having publicly criticized the government's handling of statutory rape allegations against a former state chief minister in 1994. The High Court had originally fined Lim, but during his appeal, the government sought and won a jail term. Separately, a court finished the first stage of the trial of Irene Fernandez, who was arrested in 1996 and charged under the PPPA after her organization, Tenaganita, reported on abuses against migrant workers at immigrant detention centers.

Journalists practice considerable self-censorship. The broadcast media and the major newspapers are all owned by individuals and companies close to the ruling National Front, and the opposition receives little coverage. In July and August, Mahathir pressured two top newspaper editors and the head of a leading private television station to resign. All were considered close to Anwar. In September, courts charged four people with spreading rumors of rioting in Kuala Lumpur over the Internet, Malaysia's first such cases.

The 1967 Police Act requires permits for all public assemblies. In September and October, police forcibly broke up numerous peaceful rallies in support of ousted deputy premier Anwar, mainly in Kuala Lumpur but also in rural towns. Police also arrested more than 125 people. Since 1969, political rallies have been banned, although indoor "discussion sessions" are permitted. Under the 1966 Societies Act, any association (including political parties) of more than six members must register with the government, and the authorities have deregistered some opposition organizations. Nongovernmental organizations (NGO) operate openly but face some harassment. In the spring, the government banned several scheduled NGO conferences, including one on water shortages.

Conditions in detention centers for political asylum seekers and alleged illegal immigrants are grim. In 1996, authorities admitted that 70 detainees had died in the camps over a four-year period. In 1998, authorities responded to Malaysia's worsening economic crisis by rounding up and deporting thousands of alleged illegal immigrants to Indonesia. On March 26, rioting at one camp and the subsequent police response killed eight detainees and a police officer as police prepared to forcibly repatriate hundreds of Indonesians from Aceh province. Human rights activists warned that some of the Acehnese had valid political asylum claims.

Official policy discriminates against Chinese, Indians, and other minorities in the areas of education, employment, and business affairs. Some 60 percent of Malaysians are Muslim, and Islam is the official religion, although non-Muslims worship freely in this secular country. Observers say the regional economic crisis has contributed to inter-religious tensions. In March 1998, Muslims in Penang attacked a Hindu temple after its bell-ringing allegedly disturbed their prayers nearby, leading to riots between Hindus and Muslims.

There are considerable restrictions on trade union association and the right to strike. Each union and labor federation can only represent one trade. In the export-oriented electronics industry, the government permits only "in-house" unions rather than a nationwide union. The government must certify all unions and can deregister them.