Mar 11, 2019
A new ICJ report examines the right to freedom of religion or belief in Malaysia, analyzing the country’s legal framework to identify protections of and limitations on the exercise of this right in law and in practice.
The report highlights that jurisdictional disputes affecting the adjudication of matters relating to religion and belief – between civil courts which apply federal and state laws, and Syariah courts, which apply Islamic laws – have emerged as the main arena of contestation.
These disputes have arisen amidst a national legal framework where there remains a lack of clarity in existing jurisprudence and law about the dual jurisdictional regime and insufficient legal safeguards exist to protect the rights of individuals with respect to personal and family matters concerning religion and belief.
Protective mechanisms for persons who wish to change or adopt a new religion also remain inadequate in law, while laws have been misused in practice to curtail the right to religion and belief of religious minorities.
The report explains the general international legal framework governing the right to freedom of religion or belief, before highlighting several concerns relating to the protection and promotion of this right in Malaysia. These include:
- Discrimination against religious minorities;
- Limitations on the rights of children relating to personal matters governed by Islamic Law;
- Discrimination against persons who wish to change or adopt a new religion;
- Criminalization and prosecution of proselytism among Muslims;
- Prohibitions on the use of the word ‘Allah’ by non-Muslims;
- Criminalization of free expression through the crime of sedition.
These concerns are detailed in the report. In light of these challenges, the report offers a number of recommendations to the Government of Malaysia to assist authorities in ensuring Malaysia’s legal framework is implemented in accordance with international human rights law and fully protects the right to freedom of religion or belief.
The report situates its legal analysis within Malaysia’s socio-political context, where religion and ethnicity play significant roles in politics and society, and concerns are emerging of rising intolerance against religious and ethnic minorities.
This report is part of a series of ICJ publications on the right to freedom of religion or belief, produced with the support of the International Panel of Parliamentarians for Freedom of Religion and Belief (IPPFoRB).
Contact
Frederick Rawski, ICJ Asia-Pacific Regional Director, frederick.rawski@icj.org
See also
New primer on freedom of religion or belief in international human rights law
New briefing paper: challenges to freedom of religion or belief in Nepal
Download
Malaysia-Freedom of religion Exec sum-Advocacy-Analysis brief-2019-ENG (executive summary, in PDF)
Malaysia-Freedom of religion brief-Advocacy-Analysis brief-2019-ENG (full report, in PDF)
Mar 4, 2019 | Events, News
This side event will take place on 6 March, from 13.30-15.00, in Room XXIV of the Palais des Nations in Geneva.
The Human Rights Committee’s adoption of a new General Comment on Article 6 of the ICCPR – the right to life – expands the understanding of this ‘supreme’ right, and acknowledges its strong interdependence and indivisibility with economic and social rights.
The event will explore the economic and social dimensions of the right to life and how the concept of a ‘life with dignity’ has influenced legal developments at the regional, national, and international levels. Panelists will critically examine whether recent developments have the potential to advance economic and social rights, including by providing a stepping stone towards full access to justice for persons living in poverty.
Speakers:
Yuval Shany, Professor and Hersch Lauterpacht Chair in International Law at the Law Faculty of the Hebrew University of Jerusalem, Chair of the Human Rights Committee and Rapporteur for General Comment 36.
Rodrigo Uprimny, Professor Emeritus at the Professor Emeritus at the National University of Colombia, Member of the Committee on Economic, Social and Cultural Rights, ICJ Commissioner.
Bruce Porter, Executive Director, Social Rights Advocacy Centre, Chief Advisor to the UN Special Rapporteur on the right to adequate housing.
Joanna Bourke-Martignoni, Senior Research Fellow, Geneva Academy of International Humanitarian Law and Human Rights.
Moderator:
Sandra Epal Ratjen, International Advocacy Director and Deputy Executive Director, Franciscans International.
Universal-R2Life and ES rights-News-events-2019-ENG (Concept note in PDF)
Dec 15, 2018 | News
From 10 to 14 December, the International Commission of Jurists (ICJ) conducted a research mission to Uzbekistan to identify some of the main obstacles impeding access to justice for economic, social and cultural (ESC) rights.
ICJ experts met with key stakeholders, including relevant State bodies, CSOs, independent experts and other actors to discuss legal and practical aspects of access to justice for ESC rights.
Adopting a legal aid system for cases related to ESC rights, public accessibility of court judgements including on ESC rights and its effect on enjoyment of ESC rights, relevant reforms which concern vulnerable groups were discussed among other things with the stakeholders.
The findings will be part of the report on access to justice for ESC rights in Uzbekistan.
The mission included Jarna Petma, ICJ Commissioner as well as a number of staff members of the ICJ Europe and Central Asia Programme.
The ICJ appreciates the facilitation of the Government of Uzbekistan and of the European Union Delegation, for essential support in organisation of the mission.
Dec 15, 2018 | Events, News
On 14 December, the International Commission of Jurists (ICJ) and the Tashkent State University of Law (TSUL) organised expert discussions on economic, social and cultural rights (ESC) to advance civil society in promoting ESC rights and standards in Uzbekistan.
Leading national experts as well as ICJ representatives, including an ICJ Commissioner, Jarna Petman, discussed the use of non-discrimination principle in court decisions.
The expert discussion, including on issues such as adoption of new laws, regulations and policies that leave marginalized groups outside the protection of the law, took place during a research mission on access to justice for ESC rights in Uzbekistan.
The ICJ expert discussions aim to increase awareness about the implementation of international law and standards on ESC rights before national courts, to facilitate access to justice for ESC rights and effective use of international human rights law for ESC rights.
Every two months, they bring together lawyers, specialists, members of academia and law students via interactive discussions, research papers, peer review articles and policy papers.
The first expert discussion took place on 18 September 2018 at TSUL and was devoted to international standards on the right to work.
Dec 14, 2018 | News
From 10 to 14 December, the ICJ conducted a research mission to Uzbekistan to identify some of the main obstacles impeding access to justice for economic, social and cultural (ESC) rights.
ICJ experts met with key stakeholders, including relevant State bodies, CSOs, independent experts and other actors to discuss legal and practical aspects of access to justice for ESC rights.
Adopting a legal aid system for cases related to ESC rights, public accessibility of court judgements including on ESC rights and its effect on enjoyment of ESC rights, relevant reforms which concern vulnerable groups were discussed among other things with the stakeholders.
The findings will be part of the report on access to justice for ESC rights in Uzbekistan.
The mission included Jarna Petma, ICJ Commissioner as well as a number of staff members of the ICJ Europe and Central Asia Programme.
The ICJ appreciates the facilitation of the Government of Uzbekistan and of the European Union Delegation, for essential support in organization of the mission.
