In 2024, Malaysia's human rights landscape reflected a government grappling with the balance between reformist aspirations and entrenched systemic challenges. While the unity government continued to highlight human rights as integral to the Malaysia Madani concept and Malaysia’s international commitments, the persistence of laws and practices curtailing freedoms revealed a disconnect between rhetoric and reality.
In 2024, use of security laws continued to reflect challenges in safeguarding fundamental rights while addressing security and crime concerns. SUARAM documented marked trends in arrests under the Security Offences (Special Measures) Act (SOSMA) in 2024. This includes a resurgence in terrorism-related detentions and an almost ten-fold increase in organised crime-related detentions. Following the precedent set in 2023 with the detention of drug syndicate members, SOSMA’s use has expanded into organised commercial crime via the Heist Syndicate case this year. The surge in terrorism-related arrests following the Ulu Tiram police station attack revealed a reactionary response, underpinned by weak evidentiary thresholds such as expressing support for terrorist groups on social media. This raises further questions about the government’s proclaimed terrorism monitoring and rehabilitation capabilities. Despite multi-stakeholder engagements last year, amendments to SOSMA passed in 2024 failed to address key violations of the right to a fair trial, such as the lack of access to bail. This perpetuates the procedural law’s systemic misuse. In November, Deputy Home Minister Shamsul Anuar announced the introduction of POCA amendments in the next parliamentary sitting. However, the scope and details of these amendments remain unclear, raising concerns about whether structural issues such as judicial oversight of preventive detention will be addressed. SUARAM also notes 416 arrests under the Dangerous Drugs (Special Preventive Measures) Act (DD(SPM)A) so far this year, with Johor and Sabah seeing potential upward trends in DD(SPM)A arrests.
Systemic gaps in Malaysia's law enforcement and justice system persist in 2024. SUARAM documented 170 police misconduct cases involving over 190 specific instances of misconduct such as corruption, extortion as well as physical and sexual violence. Half of the cases saw no action beyond the investigation stage, underscoring a systemic lack of accountability. Notably, chain remand practices escalated, with all 92 individuals rearrested under SOSMA mostly for organised crime. The number of police shooting incidents more than doubled this year, with more than triple the fatalities. Transparency on custodial deaths remains critically inadequate, with media-reported cases plummeting from 14 last year to five this year. This opacity, coupled with systemic delays in inquests and inadequate healthcare in detention facilities, continues to deny justice to detainees and their families. The government's establishment of a special task force on custodial deaths signals political will, but without addressing entrenched structural barriers, meaningful reform remains distant.
The Sedition Act (SA), Section 233 of the Communications and Multimedia Act (CMA), and the Printing Presses and Publications Act (PPPA) remained key tools for restricting freedom of expression in 2024, with their enforcement reflecting swifter prosecutions under the SA, sustained targeting of journalists and activists under SA and Section 233, and intensified use of the PPPA for targeted raids and arrests. Legislative progress on reforming these laws was marked by mixed signals—proposed amendments to the CMA and PPPA raised fears of expanded regulatory overreach, while the SA remained untouched, with the government framing its retention as essential for managing 3R issues. New measures, such as social media licensing, amplified concerns over online censorship, while film festivals faced heightened scrutiny and censorship from authorities.
Restrictions to exercise freedom of assembly persist. Out of 68 assemblies that took place this year, close to 40% of them were investigated. This included both rallies that were critical of Prime Minister Anwar Ibrahim’s leadership, reflecting selective enforcement against dissenting voices. The number of individuals investigated increased by more than 50%, and arrests by over 60% in 2024. Among those arrested, nine were remanded, including three minors for as long as eight days. Contrary to the government’s claims of respecting the right to assemble, systemic disregard for the constitutional right to assemble remains prevalent, through mischaracterisation of assemblies as needing approval from occupiers of public spaces and intimidation of protesters during rallies, among others. SUARAM also documented an instance of police manhandling of protesters during the Walk of Justice outside Parliament, marking the first since 2021, with no updates on investigations into the incident.
Institutional oversight and governance reforms in 2024 saw a mix of progress and stalled efforts. The passing of the Audit Bill, which strengthens the Auditor-General’s independence, marks a significant step forward. However, the delayed tabling of the Ombudsman Bill and the reintroduction of the Parliamentary Services Act highlight the uneven pace of reforms. While the Auditor-General’s expanded mandate under the Public Accounts Committee now allows public interest inquiries, its effectiveness is curtailed by the government’s prerogative over defining “public interest.” Progress on the Government Procurement Bill remains stagnant, perpetuating opacity in awarding government contracts.
The freedom of religion or belief landscape faced significant developments. Public discourse around religious sensitivities intensified, driven by blasphemy laws, boycotts, and far-right mobilisation, which polarised society and heightened social tensions. Meanwhile, the GISBH case exposed systemic abuse under religious pretexts, casting a spotlight on the need for stronger protections against exploitation
within religious institutions. These trends reflect a growing divide between efforts to strengthen Islamic authority and the need to uphold civil liberties, highlighting the urgency for a balanced approach that respects Malaysia’s pluralistic society. Systemic issues persist for the Orang Asli community, particularly regarding land rights and encroachments. Despite legal precedents affirming their customary land rights, communities continue to face displacement, such as in the Nenggiri Dam project, and confront challenges like inadequate compensation and lack of free, prior, and informed consent. While amendments to the Aboriginal Peoples Act (APA) are underway, limited consultation with the Orang Asli raises concerns about the inclusivity and effectiveness of these reforms.
Malaysia underwent its CEDAW review in May this year, spotlighting critical and longstanding gaps in the advancement of gender equality. Key concerns raised include the domestication of CEDAW principles within domestic laws and adequate access to redress for survivors of human trafficking. While recent constitutional amendments now enable Malaysian mothers to confer citizenship to children born abroad, their non-retroactive nature excludes the children of affected mothers from access to education, employment and healthcare. Within family rights, the continued legality of child marriage and systemic challenges faced by Muslim women in navigating the Syariah legal system, including unequal divorce and custody rights, underscore the pressing need for reform.
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