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/
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
June 2024
Evictions of sea nomads sparks outcry
Malaysian officials evicted over 500 members of the nomadic Bajau Laut community and demolished their homes in June. The Bajau Laut are are stateless despite living in the area for centuries and lack access to basic services and civil and political rights. Authorities argued the demolished homes were constructed with permits and defended the action in the face of criticism from rights groups arguing the evictions and demolitions were necessary to combat cross-border crime and protect security. On 27 June the activist who publicized the evictions was briefly arrested under the Sedition Act, a colonial-era anti-communist law that critics have long argued is primarily used to silence critics of the government and faces up to three years in jail. Amnesty International Malaysia called on the government to “end its evictions of the Bajau Laut people, address human rights violations, and not punish those who expose what is going on.”
Sources: Reuters, Amnesty International, Malay Mail
March 2024
Proposed citizenship amendments provoke furore
Malaysia’s parliament is set to consider contentious constitutional amendments that will change how citizenship is conferred in June. A wave of criticism from opposition and government lawmakers and civil society led the bill’s backers to abandon plans to hold the vote in March. The amendments would require abandoned children to apply for citizenship, revoke the automatic granting of citizenship to children of permanent residents, revoke the citizenship of naturalized wives of Malaysian men if the marriage ends within two years of citizenship acquisition, and more. An amendment that allows the children of Malaysian women born abroad to automatically receive citizenship, however, received widespread support. The amendments’ many critics argue it will drastically increase the number of stateless people in Malaysia. Stateless people are denied access to healthcare and education in the country and also struggle to obtain employment.
Sources: Straits Times, Malaysian Bar Association, Free Malaysia Today, The Star
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