Engagement with Special Procedures
8.
Since the last UPR, the Special Rapporteurs on the right to food, right to health,
trafficking in persons, and cultural rights, respectively, visited Malaysia at the invitation
of the government. The government has also invited the Special Rapporteurs on water
and sanitation, sale of children, indigenous peoples and extreme poverty, respectively,
to visit Malaysia within the next two years. SUHAKAM commends the government for
this. However, recommendations by the Special Rapporteurs have not been entirely
implemented.
9.
i.
Recommendations:
Implement the recommendations of the Special Rapporteurs who have visited
Malaysia.
Extend a standing invitation to all special procedures.
ii.
Freedom of Expression and Right to Information
10.
Malaysia accepted in principle the UPR recommendation to repeal the Sedition Act
1948. However, the government amended it in 2015, making it, in some ways, a greater
threat to freedom of expression. There was an alarming escalation of arrests and
prosecutions under the Sedition Act especially in 2014, which SUHAKAM views as a
form of unnecessary restriction to freedom of expression.
11.
The Anti-Fake News Bill 2018, given the unclear definition of ‘fake news’ and other
concerns, could have negative repercussions on freedom of information and
expression, if enforced.
12.
i.
ii.
iii.
Recommendations:
Repeal the Sedition Act 1948.
Enact a right to information law.
Establish a parliamentary committee instead to consider measures to address fake
news.
Freedom of Assembly
13.
While there has been some positive shift in approach by authorities in handling public
assemblies since the enactment of the Peaceful Assembly Act 2012, SUHAKAM notes
with concern that intimidation and unjustifiable arrests of assembly participants still
occur during certain public assemblies.
14.
i.
Recommendation:
Review the Peaceful Assembly Act 2012 particularly provisions on the prohibition of
street protests and the organization of assemblies by persons below 21 years old; on
the strict requirement for notification ten days prior to the assembly; and on the
specified prohibited places of assembly.
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