spontaneous assemblies, bars those under age 21 from organizing an
assembly, and prohibits non-citizens and children below 15 from participating.
Recommendation:
● Amend Act 736 namely section 4 (Right to Organize Assembly or
Participate in Assembly), section 9(5) (Notification of Assembly), and
section 10 (Requirements Regarding Notification of Assembly).
2.3.
Freedom of Religion
The Government was urged to amend the National Registration Act 1959 [Act
78] to remove all references to religion on the National Registration Identity
Cards (NRICs)but it has received objections from Muslim groups.
Many States Syariah laws allow for Syariah courts to make a declaration that
one is no longer a Muslim and with such declaration, the person may submit it
to the National Registration Department to delete the word “Muslim” from
his/her NRIC. Apostasy only affects Muslims. These laws do not conflict with
the right to equality as stated in Article 8 as it must be read with Art. 11(4) FC.
Recommendations:
● Ensure the Interfaith Harmony Committee (HARMONI) ii carries out its
functions.
2.4.
Arbitrary Detention
Current laws provide for arbitrary detention such as the Prevention of Crime
Act 1959 [Act 297], Security Offences (Special Measures) Act 2012 [Act 747],
and the Prevention of Terrorism Act 2015 [Act 769], which contravene civil
liberties guaranteed in the FC including due process and fair trial.
Recommendations:
● Anti-terrorism provisions must be clearly defined in Malaysian laws and
drafted in adherence to international human rights standards.
● Act 747 should be amended to include judicial and parliamentary
oversight for independent means of check and balance to safeguard
against abuse of powers. The courts should be given discretionary
power to review the merits of detention based on evidence produced.
● The Government to amend and/or abolish Act 297 and similar
preventive detention laws, to safeguard human rights of the detainees
against abuse.
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