State of the World's Minorities and Indigenous Peoples 2013 - Malaysia

In Malaysia, controversial new legislation drew broad criticism from rights groups at home and abroad. The Peaceful Assembly Act was passed in late 2011. Critics, including civil society groups and the political opponents of Prime Minister Najib Razak, said the law's 'excessive restrictions' would be used by the government to crack down on public demonstrations, rather than support freedom of assembly rights.

In April, the anti-corruption coalition, Bersih, staged a large-scale rally in Kuala Lumpur. Organizers claimed up to 300,000 people attended. As in previous Bersih protests, police responded in a harsh manner, arresting hundreds. In June, three UN special rapporteurs issued a statement urging the government to protect activists from harassment, drawing attention to claims of intimidation against Bersih organizer Ambiga Sreenevasan.

During 2012, parliament approved legislation to replace the Internal Security Act, which had been used to harass government critics in previous years. But its replacement, the Security Offences (Special Measures) Act, still allows those suspected of 'security offences' to be detained without trial. The new legislation, Amnesty International stated, 'merely replaces one oppressive regime with another'. In multicultural Malaysia, the issues of ethnicity and religion are never far from the surface. Islam is the majority religion, with significant Buddhist, Christian and Hindu minorities. In June, JAIPP, the Islamic affairs council in Penang, investigated after Christians were accused of proselytizing to Muslims. No evidence was found of this, according to rights group Suara Rakyat Malaysia, or Suaram, but the issue nonetheless highlighted the sensitivities of religious matters in the country. In October, Suaram said parents at SK Pos Bihai, a school for indigenous children in Kelantan state, accused a Muslim teacher of slapping their non-Muslim children because they could not recite an Islamic prayer. Government officials initially denied the claims.

Peninsular Malaysia's diverse indigenous peoples, collectively known as Orang Asli, comprise less than 1 per cent of the overall population, yet face worrying health discrepancies. For example, a report by the Women's Aid Organisation (WAO) examined Malaysia's progress on gender equality. It pointed out that studies show Orang Asli women have a lower life expectancy than men. They also run a greater risk of malnutrition and have high rates of postpartum haemorrhage and puerperal sepsis. As researcher Colin Nicholas of the Center for Orang Asli Concerns has noted, 'With the majority of them living below the poverty line, their narrow margin of survival makes the Orang Asli's health situation precarious.' Orang Asli communities also find themselves battling over land and development in their often resource-rich areas. Early in the year, 13 Temiar protesters in Kelantan were arrested after they protested against an agricultural project slated for development on their ancestral lands, according to rights organization Aliran Kesedaran Negara. Activists in the area have also warned of the increased threat posed by rubber plantations.

In Borneo's Sarawak, extensive plans for massive hydropower projects are of major concern to indigenous communities. The first such project, the Bakun dam, was responsible for the forced displacement of 10,000 indigenous people before it was finished in 2011. Now, activists are fighting against the next projects in line – the Murum and Baram hydropower dams, which rights groups say could displace more than 20,000 indigenous people altogether.

In October, 450 Orang Ulu villagers – a general name used to describe several tribes on Sarawak – protested against local leaders who they said had pledged support for the Baram project without their consent. In September, villagers at risk of losing their homes blockaded construction of the Murum dam, which was expected to be completed in 2013. A September report from the Forest Peoples Programme noted that the expansion of palm oil plantations in Sarawak is proceeding at a rate of 90,000 hectares each year.

The WAO report also highlighted the abuse of Penan women and girls in Sarawak. The report included allegations of abuse at the hands of timber workers, underscoring the interconnection between resource-exploitation without sufficient local consultation and human rights problems. An April briefing by the Global Health Group said Malaysia should focus its anti-malaria fight in part on Borneo, where indigenous populations remain at high risk. The government has set a goal of eliminating malaria on peninsular Malaysia by 2015; however, the deadline is five years later on Malaysian Borneo. The malaria issue for indigenous peoples in Sarawak and Sabah is indicative of unequal access to vital services. While the usage of ineffective traditional remedies and environmental factors contribute to the problem, indigenous peoples on Malaysian Borneo also lack the same access to health care as the population as a whole.

Ethnicity remains a hot-button issue in Malaysia, particularly in the lead-up to planned elections in 2013. Analysts say ethnic Chinese voters are becoming increasingly disillusioned with Razak's ruling coalition, with public opinion surveys suggesting an increasing lack of support. This may have ramifications for ethnic minorities in general, should the coalition decide to shore up its support by instead focusing on policies popular with majority ethnic Malays. Already in 2012, minority politicians complained of veiled threats of violence.

Meanwhile, China continued to show that it had the ability to export its domestic agenda to neighbouring countries in its pursuit of minority Uighurs. Radio Free Asia (RFA) reported that 11 Uighurs whom Malaysia previously repatriated to China had been sentenced to prison terms in China on charges of 'separatism'. At the end of the year, Malaysia again bowed to China's wishes, forcibly returning six Uighurs with pending asylum claims. HRW called it 'a grave violation of international law'.