Malaysia
Malaysia exhibits mid-range performance across all categories of the Global State of Democracy framework, and it is among the bottom 25 per cent of countries with regard to Freedom of Religion and Local Democracy. Over the last five years, it has seen a notable advance in Freedom of Expression. The country is home to a very dynamic market economy and boasts the highest GDP per capita in Southeast Asia, after Singapore and Brunei.
Malaysia is a multi-ethnic and multi-confessional state that was consolidated out of a variety of sultanates and independent kingdoms by European colonial powers, most prominently Great Britain. Parts of Malaysia became independent from Great Britain in 1957, with additional territories joining later in 1963. The country has sizable ethnic Indian and Chinese minorities, but the largest group, representing nearly 70 per cent of the population, are bumiputera, a term that encompasses ethnic Malays and a number of small “aboriginal” populations, although specific definitions vary between regions.
From independence in 1957 until 2018, the country was ruled by the United Malays National Organization (UMNO) party and the coalition it led, the Barisan Nasional (BN). The UMNO was and is dedicated to advocating for special privileges for the bumiputera population, and since 1971 bumiputera have enjoyed a wide range of constitutionally protected special privileges in education, employment, access to finance, and more. The broader BN coalition was always dependent on ethnic Chinese and Indian parties under a consociational arrangement, marked by cooperation between elites in each group. This also produced an entrenched system of patronage and corruption among economic and political elites in the country.
The 1997 Asian Financial Crisis was a turning point for Malaysian democracy, galvanizing the political opposition around a reform movement that sought better governance and improved ethnic inclusion. As the opposition gained support, the UMNO turned to tactical polarization and ethnonationalist rhetoric to maintain support, sparking racial and religious tensions. Consociationalism broke down as the BN coalition lost both Malay and non-Malay popular support.
While the collapse of consociationalism has ushered in a governance system marred by complex extra-parliamentary agreements and horse-trading among political elites without significant democratic expansion, a key milestone for the country´s democracy occurred in 2018 when the UNMO and BN were ousted from power for the first time. The election was an expression of public dissatisfaction with high-profile and systemic corruption, such as the 2016 1MDB money laundering and embezzlement scandal. Although long a Muslim-majority society, conservative interpretations of Islam have become more ingrained in daily life and politics in recent decades. This, however, has gone hand-in-hand with significant gains for women’s equality in social life and the labour market, although the gains have been unequally distributed, with women of low socioeconomic status suffering more discrimination and being more likely to be victims of gender-based violence. More recently the government has also been criticized for their use of restrictive laws to stifle the freedom of expression – in particular of human rights defenders, filmmakers and the LGBTQI community.
In the coming years, it will be important to watch whether social tensions increases along the lines commonly referred to as “3R” issues (race, religion and royalty). Freedom of Press will need to be watched in light of proposed reforms to the media code of ethics which may result in undue government control over media. Moreover, Economic Equality will need to be closely watched in light of public dissatisfaction with the high costs of living due to slow economic reforms and uneven distribution of wealth.
Last Updated: July 2024
https://www.idea.int/democracytracker/
March 2025
Press freedom advocates condemn journalist’s arrest
In a context of increasing intimidation of the media, the Putrajaya magistrates' court charged journalist B. Nantha Kumar with receiving a bribe on 14 March in what press freedom advocates allege is retaliation for his reporting. In recent months, there have been instances of questioning of reporters over a story on police leadership and the seizure of an editor’s computer for reporting on a minister’s public statements in January. Kumar published a story on 22 February alleging a former immigration official was the leader of a migrant trafficking ring and on 28 February was arrested in a sting operation. Prosecutors allege he accepted a bribe to delete articles about the trafficking operation. In an account published by his employer Malaysiakini, Kumar denies the charges and details how he agreed to meet with men he believed to be members of the ring to discuss a bribe at the urging of immigration officials, and that he thought he was aiding an investigation. Malaysiakini is a respected media outlet which has been long subject to state harassment.
Sources: Committee to Protect Journalists, Free Malaysia Today
February 2025
Malaysia to ease restrictions on public protests
Malaysian Prime Minister Anwar Ibrahim announced on 13 February plans to pass legislation removing Section 11 of the Peaceful Assembly Act, and Home Minister Saifuddin Nasution Ismail said the government would cease enforcing it immediately. Section 11 requires the organizers of protests to obtain permission from property owners as a condition of holding any public gathering. Section 11 had frequently been criticized as unnecessarily complex and acting as a convenient tool for denying permission for protests critical of the government, and civil society groups welcomed the announcement. The law itself will be amended at the next meeting of parliament in June 2025.
Sources: The Diplomat, Daily Star
August 2024
Opposition leader charged with sedition
Former Prime Minister Muhyiddin Yassin was charged with sedition on 27 August for remarks he made about a former king of Malaysia during a campaign appearance. Muhyiddin, who leads the opposition Perikatan Nasional coalition, criticized the decision of then-monarch Sultan Abhdullah of Pahang to appoint Anwar Ibrahim prime minister over Muhyiddin following the 2022 election. Muhyiddin has faced several high-level criminal cases under Ibrahim’s premiership, which he holds to be politically motivated. The government and civil servants at the Malaysian Anti-Corruption Commission, which is responsible for separate money laundering charges Muhyiddin currently faces, deny these allegations. If convicted, Muhyiddin faces up to three years in prison.
Sources: The Diplomat, Channel News Asia, International IDEA, Malaysia Now
July 2024
Social media licensing plan announced
The Malaysian Communications and Multimedia Commission (MCMC) announced new rules for social media platforms with more than 8 million users. Platforms including WhatsApp, TikTok and Facebook will be required to maintain an annual license and incorporate a local entity that will be subject to national law and regulation. The government sees the new regulatory regime as necessary to guard against online fraud, mis- and disinformation, harassment and sexual crimes, especially against minors. The new rules have been sharply criticized by civil society organizations as having “great potential to be misused as a legal framework to restrict freedom of speech” and “a direct attempt to exert control over social media platforms.” A joint statement led by free expression watchdog Article 19 argued that Malaysia instead needs “comprehensive legislative reform” to undo numerous existing laws which are used to stifle or limit freedom of speech. The regulation will go into effect in January 2025.
Sources: Nikkei Asia, Article 19, Global Voices
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