Toolkit for Parliamentarians: Promoting an Inclusive Malaysian Society through the Universal Periodic Review (UPR) Process

Toolkit for Parliamentarians: Promoting an Inclusive Malaysian Society through the Universal Periodic Review (UPR) Process

Malaysia recently underwent Universal Periodic Review (UPR) in January 2024, APHR and IPPFoRB developed a “Toolkit for Parliamentarians to Promote an Inclusive Malaysian Society Through the UPR Process.” This toolkit aims to empower parliamentarians with knowledge and tools to utilize the mechanism effectively, and mobilize them in using their unique role, inside and outside of parliament, to address key findings highlighted in the fact finding mission report to promote peace and harmony in Malaysia. Parliamentarians’ role in the UPR is of vital importance  especially in following up on the recommendations for Malaysia and ensuring that the government is able to implement them.

DOWNLOAD THE TOOLKIT IN ENGLISH HERE

DOWNLOAD THE TOOLKIT IN BAHASA MALAYSIA HERE

FACT-FINDING MISSION: Protecting Peace and Harmony in Multicultural Malaysia Following the 2022-2023 Election

FACT-FINDING MISSION: Protecting Peace and Harmony in Multicultural Malaysia Following the 2022-2023 Election

Report, March 2024

In October 2023, the ASEAN Parliamentarians for Human Rights (APHR), with support from the International Panel of Parliamentarians for Freedom of Religion or Belief (IPPFoRB), undertook a fact-finding mission to Malaysia to assess the current state of religious harmony and social cohesion in the country, particularly during and after the general election in 2022 and state elections in 2023.

The delegation consisted of three parliamentarians from Southeast Asia, namely Hon. Maria Terezinha da Silva Viegas (MP, Timor Leste), Hon. Mohamed Irshad (former MP, Singapore), and Hon. Amilbahar Mawallil (MP, Bangsamoro, the Philippines). Across three days, the delegation met with civil society organizations (CSOs), faith leaders, Parliamentarians, as well as representatives from the Ministry of Communication and Digital, the Malaysian Communication and Multimedia Commission, the Election Commission, and the National Human Rights Commission of Malaysia.

While seeking to deepen its understanding of emerging developments and challenges in Malaysia’s FoRB landscape, the fact-finding mission also constituted a crucial platform for sharing and learning of country experiences to improve regional realization of this fundamental freedom.

DOWNLOAD THE REPORT HERE.

Protecting Peace and Harmony in Multicultural Malaysia: Launch of FFM Report and UPR Toolkit for Parliamentarians

Protecting Peace and Harmony in Multicultural Malaysia: Launch of FFM Report and UPR Toolkit for Parliamentarians

APHR and IPPFoRB are co-organizing the launch of the Final Fact-Finding Mission Report and Toolkit for Parliamentarians to Promote an Inclusive Malaysian Society through the UPR Process on 20 March 2024 at Aloft Kuala Lumpur Sentral, Malaysia.

The event aims to raise awareness among parliamentarians, civil society organizations, and stakeholders in Malaysia about the urgent issues in the country, especially by the minorities, in relation to Freedom of Religion and Belief (FoRB); to empower parliamentarians to take a more proactive role in the promotion and protection of FoRB within the context of UPR and beyond; and to promote dialogue among key stakeholders to advance FoRB in Malaysia.

Members of Parliament, Civil Society Organizations, members of the press are cordially invited to join Buka Puasa and share a meal with us to launch these important documents. Please RSVP by registering at bit.ly/UPRToolkit-FFMReport-Launch.

Malaysia’s diversity should be celebrated, not used as a political weapon, Southeast Asian MPs say

Malaysia’s diversity should be celebrated, not used as a political weapon, Southeast Asian MPs say

KUALA LUMPUR – Malaysia must foster the unity of its rich multicultural society and turn away from using divisive rhetoric for political gain, ASEAN Parliamentarians for Human Rights said today at a press conference following a fact-finding mission on peace and harmony after the country’s recent elections.

During the fact-finding mission from 7 to 10 October, APHR’s delegation, consisting of current and former members of parliament from the Philippines, Singapore, and Timor-Leste, met with the Minister of Communications and Digital, the Human Rights Commission of Malaysia (SUHAKAM), the Election Commission (SPR), the Malaysian Communications and Multimedia Commission (MCMC), members of the Malaysian parliament as well as with representatives of civil society, the media, religious leaders, and interfaith groups.

We are pleased to see that, despite years of political instability, Malaysians have been able to express their political choices through the ballot box in November 2022 and August 2023, resulting in a peaceful transition of power at both the federal and state levels,” said APHR member and former Singapore member of parliament Mohamed Irshad. 

We also appreciate the Unity Government’s Malaysia Madani policy framework, particularly its focus on good governance and social harmony. However, several observers have highlighted certain worrying trends regarding religious and racial polarization that must be addressed before they reach a breaking point,” said Irshad. 

During the elections, discriminatory and hateful campaign rhetoric flooded various social media platforms, with TikTok even saying that it was on “high-alert.” These kinds of narratives have caused division in Malaysian society and results in the further marginalization of vulnerable and minority groups. Freedom House has also rated Malaysia’s freedom of religion with its lowest score of one out of four.

We are deeply concerned by the proliferation of hate speech, particularly in online spaces. The lack of trust between different communities that is the basis of some of these narratives is something that needs to be addressed through open and frank discussions in order to get to the root cause of the problems. If not, these issues will only recur in the future,” said Irshad.

APHR also notes with concern that the spread of divisive narratives is further exacerbated by the reach of social media platforms. The lack of suitable safeguards and appropriate oversight mechanism allows for the creation of echo-chambers and the spread of disinformation, divisiveness, and hate. In Malaysia, and globally, these phenomena are undermining democracy, public institutions, social cohesion, and stability.

We believe that governments throughout the region, including Malaysia, must be firm in holding social media companies to act more responsibly and take ownership for their role in facilitating the spread of hate and division,” said Irshad.  

But we must also recognize that politicians and community leaders play a pivotal role in promoting responsible speech and curtailing inflammatory remarks, particularly during elections. We urge our fellow parliamentarians to resist exploiting religious and racial divides for political gains,” continued Irshad.

To address these issues, APHR has compiled several preliminary recommendations, including establishing a preventative strategy to preempt the spread of hate speech during election periods. Collaborative efforts among institutions like the Election Commission (SPR), the Malaysian Communications and Multimedia Commission (MCMC), and the Human Rights Commission of Malaysia (Suhakam) are vital in this regard.

Parliamentarians and government officials should speak out firmly and promptly against intolerance, discriminatory stereotyping, and instances of hate speech,” said APHR member and Timor-Leste member of parliament Maria Terezinha da Silva Viegas. “We also reiterate our call for the Malaysian parliament to urgently review laws that have been used to repress freedom of expression – such as the Communication and Multimedia Act – as they also hinder candid religious discussion.”

APHR also recommends a national mechanism for a meaningful, genuine, open, and honest interfaith dialogue, as a way to bridge gaps and promote mutual respect among different religious communities.

As with all peoples, there is more that unites Malaysians than divides them. The challenges that Malaysia – and the rest of Southeast Asia – faces in the next five to ten years, such as climate change, food security, technological advances, are ones that must be faced together, regardless of race and religion,” said Maria.

Indonesia must set example for ASEAN as ‘epicentrum of harmony’, starting with interfaith marriage, Southeast Asian MPs say

Indonesia must set example for ASEAN as ‘epicentrum of harmony’, starting with interfaith marriage, Southeast Asian MPs say

JAKARTA – Parliamentarians from Southeast Asia commend Indonesia’s efforts as ASEAN chair to organize the bloc’s first major interreligious dialogue conference, an important step in advancing freedom of religion or belief in the region. ASEAN Parliamentarians for Human Rights (APHR) also call on the Indonesian government to follow up this conference by setting an example for its fellow ASEAN member states in ending all forms of religious discrimination, including obstacles for interfaith marriage.

The first ASEAN Intercultural and Interreligious Dialogue Conference was held in Jakarta on Monday, 7 August. Indonesian President Joko “Jokowi” Widodo opened the conference with a speech saying that ASEAN should not just be an epicentrum of growth, but also “an epicentrum of harmony, that safeguards the stability of the region as well as world peace.” He also said that ASEAN countries, including Indonesia, “have succeeded in maintaining a strong tradition of tolerance.”

We share President Jokowi’s admirable sentiments about making ASEAN a bastion of religious tolerance and harmony,” APHR Board Member and former member of the Indonesian House of Representatives Eva Kusuma Sundari said today. “However, in order to achieve this, Indonesia as ASEAN chair must keep up the momentum from this conference by taking concrete actions.”

Article 22 of the ASEAN Human Rights Declaration states: “Every person has the right to freedom of thought, conscience and religion. All forms of intolerance, discrimination and incitement of hatred based on religion and beliefs shall be eliminated.” Unfortunately, this article has yet to be fully implemented in many of ASEAN’s member countries. Research conducted by APHR last year found that many laws that inhibit, restrict, and repress religious freedoms remain on the books and are enforced throughout Southeast Asia.

Even Indonesia, despite its reputation for religious tolerance and diversity, has several improvements to make on this front. Only last month, Indonesia’s Supreme Court issued a circular that forbids judges from approving requests for the recognition of interfaith marriages. The circular makes interfaith marriage, which was already difficult due to differing interpretations of the 1974 Marriage Law, nearly impossible without resorting to complicated legal maneuvering.

The Supreme Court circular banning the recognition of interfaith marriage is a grave violation of the freedom of religion or belief in Indonesia. It is undeniably discriminatory and stands in flagrant violation of the principle of equality before the law enshrined in the 1945 Constitution as well as internationally recognized legal instruments ratified by Indonesia, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. What’s more, secular courts do not have the authority to say what marriages are religiously allowed or not,” said Eva. “How can we claim to be an example of tolerance when we deprive our citizens of the right to marry the person they love, simply because they have different beliefs?”

The Supreme Court must demonstrate their commitment to upholding the national constitution and international human rights law by canceling the circular,” said Eva. “We also call on the Indonesian House of Representatives to amend the 1974 Marriage Law to promote non-discrimination and safeguard the freedom of religion or belief, allowing all citizens to exercise their rights and choices in marriage without hindrance. Without this, we cannot move forward on President Jokowi’s ambition to become an ‘epicentrum of harmony’.”

APHR urges Indonesia as ASEAN Chair to lead in improving human rights, democracy, climate protection in the region

APHR urges Indonesia as ASEAN Chair to lead in improving human rights, democracy, climate protection in the region

We, Southeast Asian parliamentarians from the ASEAN Parliamentarians for Human Rights (APHR), are alarmed by the deteriorating human rights situation in the region,

Recognizing the unique and significant role of the Association of Southeast Asian Nations (ASEAN) to promote regional peace and stability through respect for justice and rule of law,

Underscoring with urgent concern the deteriorating humanitarian situation in Myanmar with over one-million people displaced since the coup on 1 February 2021;

Drawing urgent attention to the unabated crimes against humanity, war crimes, conflict-related sexual violence, impunity perpetrated by the armed forces of Myanmar’s military junta;

Noting with concern the increasing attacks against freedoms of expression, association, and assembly and the alarming shrinking civic space in Southeast Asia;

Recognizing that elections have become the tools of authoritarian leaders to consolidate their power undermining elections as one of the core pillars of democracy; 

Expressing continued concern over Hun Sen’s constant and intensified repression of the opposition, civil society activists, and independent media through intimidation, physical violence, and politically motivated prosecutions;

Concerned over the Cambodian government’s abuse of power to prevent opposition parties from contesting in the upcoming July 2023 Elections;

Recognizing the significant risks and challenges faced by parliamentarians and human rights defenders in Southeast Asia;

Highlighting the increasing intimidation and harassment that parliamentarians and human rights defenders received in association with their status or work in upholding human rights;

Noting the lack of adequate protection, including under the ASEAN Human Rights Declaration, and the prevailing culture of impunity for perpetrators of abuses against human rights defenders; 

Raising concern over the persistent discrimination, persecution, and denial of basic rights based on faith, exemplified by the ongoing plight of the Rohingya community;

Highlighting the prevalence of problematic legislations, such as blasphemy laws, that fuel tensions and conflicts and undermine freedom of religion or belief;

Observing the alarming rise of hate speech, hate campaigns, and the divisive rhetoric propagated by influential figures, including religious leaders, politicians, and educators, which target ethnic and religious minorities, exacerbated by the influence of social media;

Acknowledging the high vulnerability of ASEAN nations to the adverse impacts of climate change, including rising sea levels, extreme weather events, and loss of biodiversity;

Noting that the  potential scale of devastation in ASEAN member states caused by the unmitigated carbon emission and rising global temperatures;

Recognizing the continuing dependence of most ASEAN states to fossil fuel and the slow progress in just energy transition;

Recognizing that gender inequalities exacerbate the the vulnerability of women to climate change impacts;

Noting the agreement in principle between ASEAN member states to admit Timor-Leste into ASEAN;

Building on Indonesia’s recent statement of support for Timor-Leste’s membership in ASEAN;

Do hereby agree to:

Urge Indonesia as Chair of ASEAN to take the lead in the region and mobilize all its member countries and ASEAN instrumentalities to take more proactive and decisive steps to address most urgent human rights concerns in the regions. Specifically:

In responding to the Myanmar Crisis

  • Initiate an inclusive review of the five-point consensus and make recommendations put forward by civil society organizations, including applying pressure to the United Nations Security Council to adopt a resolution on Myanmar under Chapter VII of the UN Charter. 
  • Liaise and coordinate with more vital pro-democracy allies and ASEAN dialogue partners such as the European Union, Canada, United States of America (USA), Australia, and New Zealand to counter Thailand talking with the Mekong River countries and China and India, and further express concern about Thailand’s ‘Track 1.5’ meetings.
  • Advocate for the immediate facilitation of cross-border assistance to meet the many growing needs of internally displaced people who urgently need food, shelter, water and medicine.
  • Declare that the junta sponsored ‘elections’ set to take place in 2024 in Myanmar are not legitimate and thus should not be endorsed nor considered free and fair.
  • Support calls from civil society organizations and ethnic revolution organizations for federalism and gender equality to be a strong pillar in Myanmar’s roadmap to freedom and democracy. Thus far, there has been a sincere lack of political will to discuss strategic women’s engagement. 
  • Recognize the suffering of Myanmar’s many ethnic people, including the long-persecuted Rohingya, who continue to face systematic violence. A comprehensive and coordinated approach rooted in humanitarian principles must be established to ensure that preserving their humanity is a collective approach.

In championing the restoration democratic rights of Cambodians

  • Condemn the Cambodian government’s efforts to undermine democratic institutions, including physical and legal violence towards human rights defenders, opposition members, and civil society,  as well as the disqualification of the opposition from contesting in the elections, and the banning of independent media outlet Voice of Democracy.
  • Pressure the Cambodian government to ensure an inclusive, free and fair electoral process, in full respect of human rights, including rights to freedom of assembly, association and expression for all political actors, civil society, and voters.
  • Urge Cambodia to unconditionally release all political prisoners from detention, put an end to all harassment and prosecution of political opponents, and to ensure full respect for human rights, including the right to a fair trial and full participation in the conduct of political affairs.
  • Call on ASEAN Member States and the international community to refuse to accord legitimacy to July elections and take stronger actions towards Hun Sen’s efforts to solidify his dictatorship.

In advancing for an ASEAN Regional Human Rights Defenders’ Mechanism 

  • Urge ASEAN and ASEAN Member States to adopt a zero-tolerance approach to the harassment and violent acts against human rights defenders and to take all necessary measures to promote and uphold the UN Declaration on Human Rights Defenders; 
  • Push ASEAN to work towards the development and implementation of a regional framework or mechanism on the protection of human rights defenders against all forms of violence, threats, retaliation, or any other arbitrary actions in association with their status or work, and to include such mechanism under the ASEAN Charter;
  • Urge ASEAN Member States to take legislative, judicial, administrative or other appropriate measures at national levels to facilitate the work of and to protect human rights defenders from any form of reprisals in association with their status or work as human rights defenders;
  • Encourage ASEAN to strengthen the mandate of ASEAN Intergovernmental Commission on Human Rights to provide emergency protection for human rights defenders and to regularly review the progress made by ASEAN Member States in implementing measures to protect human rights defenders, including through the establishment of a monitoring and reporting mechanism to assess the situation and identify areas for improvement.

In the protecting Freedom of Religion and Belief

  • Cease all violence and persecution against minority groups and release all prisoners of conscience who have been detained merely for peacefully expressing their beliefs.
  • Repeal or amend laws that infringe upon people’s freedom of religion and belief, including women and girls, ensuring compliance with international human rights standards.
  • Provide comprehensive remedies for victims of freedom of religion and belief violations and enhanced protection mechanisms for vulnerable groups at risk of victimization.
  • Encourage political leaders, religious leaders, and educators to actively promote peace, tolerance, and diversity, fostering social harmony in diverse ASEAN.
  • Support the establishment of an ASEAN mechanism to protect and advance freedom of religion and belief, setting standards, addressing abuses, and safeguarding individuals affected by these issues.

In addressing adverse impacts of Climate Change and Global Warming:

  • Mobilize ASEAN Member States to strengthen their commitment to the Paris agreement by enhancing their Nationally Determined Contributions (NDCs) in order keep the increase in the world’s temperatures to less than 1.5°C at the end of the century. In this way, we can attain a regional and global community where all, including future generations, are able to enjoy human rights without harm from climate change, pollution, deforestation, waste and environmental degradation.
  • Compel ASEAN member states to make just energy transition an  urgent priority of their governments by providing financial incentives to renewable energy systems and zero-emissions infrastructures and technologies in accordance with the objectives of the Paris agreements.
  • Advise ASEAN member states to promote investments in natural infrastructure and green spaces and prioritize government budget allocations on renewable energy, public transport, energy efficiency, electric vehicles, and other key areas supportive of a low carbon economy to avert potential damages from climate-related disasters.
  • Press ASEAN member states to strengthen efforts to enforce human-rights based protection of forests,  in particular  with respect to indigenous rights and customary land rights. 
  • Lead in developing regional mechanisms to assist member states to restore degraded forests to reactivate their capacities to regulate ecosystems.
  • Strengthen cooperation and enforce a transboundary integrated approach among member states to improve ocean management by sharing best practices, monitoring marine pollution, harmonizing policies, and implementing joint activities.
  • Urge ASEAN member states to commit to gender-responsive Climate Policies, plans, and programs at all levels ensuring equal access to resources, including inclusion to to climate finance initiatives;
  • Drive member countries in the region to develop gender-responsive adaptation measures that are responsive to address the specific needs of women and of other marginalized genders.

In the Inclusion of Timor Leste as member of ASEAN

  • Expedite the admission of Timor-Leste as a member of ASEAN.