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Malaysia does not have official records on the number of stateless people in the country. This lack of proactivity makes it challenging to identify the number of stateless people from the country's population of 'non-citizens'. For many stateless children, they are the products of this endless cycle of statelessness that transmits from one generation to the next especially when attempts to obtain a Malaysian citizenship from the National Registration Department fall futile. Though statelessness remains their only identity, it has also robbed them of State protection over the most fundamental human rights. This paper seeks to address the legal and social issues faced by stateless children in Malaysia. It begins by exploring the legal definition of a stateless child and the international minimum standard of protection that they are entitled to. The second part of the paper will then analyse the current Malaysian legal framework on statelessness, and how it fails to provide adequate protection for stateless children. This is followed by proposing potential solutions to the issue, such as amending the relevant laws and introducing awareness campaigns. Finally, the paper will conclude by outlining the importance of addressing statelessness in Malaysia and how this will benefit the stateless population. [ABSTRACT FROM AUTHOR]

The right to health is recognised as a fundamental human right in the World Health Organisation (WHO) Constitution. In Malaysia, the enjoyment of the highest attainable standard of physical and mental health is a fundamental human right without discrimination for every human being. Consequently, the principle of the "right to health," regardless of the legal status of an individual, is the driving force in creating acceptable standards of health care for all citizens. Even for individual who suffers from Covid-19, he still has a fundamental right to health. The issue of the right to health is whether the patients have any rights of their health? If they do have the right to health, the next issue is whether the hospitals are legally bound to follow such right, i.e. the right to health of the patients. Therefore, this paper aims to analyse and discuss the issues regarding the rights to health of the patients. Without the legal mechanism in recognising the right to health, it pointed out that is no such right. The method employed in this paper is qualitative based. The paper finds that although Malaysia does not have any specific legal framework about the right to health, the application of international legal mechanism can be referred to a guideline. Thus, it is important to have a specific legal framework by applying international legal mechanism in order to address this issue. [ABSTRACT FROM AUTHOR]

The death penalty in Malaysia is a British colonial legacy that has undergone significant scrutiny in recent times. While the Malaysian Federal Constitution 1957 provides that 'no person shall be deprived of his life or personal liberty save in accordance with law', there are several criminal offences (including drug-related crimes) that impose the mandatory and discretionary death penalty. Using Benford and Snow's framing processes, this paper reviews death penalty politics in Malaysia by analysing the rhetoric of abolitionists and retentionists. The abolitionists, comprising activist lawyers and non-government organisations, tend to use 'human rights' and 'injustice' frames, which humanise the 'criminal' and gain international support. The retentionists, such as victims' families, use a 'victims' justice' frame emphasising the 'inhuman' nature of violent crimes. In addition, the retentionist state shifts between 'national security' and 'national development' frames. This paper finds that death penalty politics in Malaysia is predominantly a politics of framing. [ABSTRACT FROM AUTHOR]

This paper discusses the outcomes of an initiative to empower young people as active researchers. It highlights participants' understandings of their role as researchers in terms of the meaning of research, the research processes, and the participants' competences, knowledge, and skills. It describes a process that a group of 15 child councillors aged between 15 and 17 years went through that was aimed at equipping them with the knowledge and skills to conduct their research. Based on the data presented, it was clear that from the participants' point of view, the research process was challenging and time-consuming since it entailed several steps that needed to be carried out with careful attention to detail. Despite this, the participants were confident in their ability to undertake independent research, albeit with guidance from adults. Their research abilities and knowledge of child rights improved because of their having conducted research. The participants also noted that their learning was more meaningful when they were engaged in the subject topic, supporting the notion that learning by doing is vital. Due to its emphasis on acquiring children's meaningful participation and illustrating the complex reality of being a part of research, this study has made important contributions to the small body of literature on child participation in Malaysia. [ABSTRACT FROM AUTHOR]

This paper addresses issues related to irregular immigrants during the COVID-19 pandemic, with the aim of providing a better understanding of the migration process in Malaysia. This article uses Foucauldian biopolitics as a theoretical framework to explain state practices on immigrant bodies. Firstly, it provides a general picture of irregular immigration in Southeast Asia and Malaysia; secondly, it summarises the effects of the pandemic; and lastly it provides an overall outlook of irregular immigrants and the practices they were exposed to at this time. This study adopts exploratory and explanatory qualitative research design and data collection techniques such as document analysis of non-governmental reports on immigrants, official statistics, declarations and articles produced by third party organisations and interviews with experts. This paper then adopts a post-structuralist perspective within an interpretative paradigm to comprehend the main problems, social arrangements and rationality of institutional dynamics of the management of irregular immigrants. The main findings show that increasing human rights violations of irregular migrants generate from a biopolitical mentality. [ABSTRACT FROM AUTHOR]

The paper presents an original research titled, 'SUHAKAM Going Digital with Monash', a two years Human Right Education initiatives in Malaysia. SUHAKAM is the National Human Rights Institution established by the Malaysia Parliament and is actively finding innovative approach for Human Rights public awareness, especially child rights education in Malaysia. Monash University Malaysia is a prominent University in Malaysia that have the latest educational technologies with effective pedagogy. The synergy between SUHAKAM and Monash for child rights education innovation aimed to bring the ground breaking Robot Activist across schools in Malaysia. The research seeks to understand the educational barriers that SUHAKAM are currently facing in meeting their obligations, to assist SUHAKAM in promoting child rights agenda across Malaysia in an innovative approach. A Robot Activist is thoughtfully designed, developed and deployed to introduce what SUHAKAM is, the Child Rights Conventions (in both Malay and English) with smart Q&A; followed by an interactive game session, "Simon Says" with pupils. This paper discusses the Robot Activist design research, operation and fun interactions. The finding shows that the educational robot acts as a catalyst to formalise the international human rights education in Malaysia, with the inter-disciplinary synergies of educational sessions using humanities aspects of advanced robotics for next generation engagement. The key constraints, reflections and recommendations are critically discussed on how an educational robot, the Robot Activist can engage children with the heavy-weighted topic such as child rights conventions. Recommendations to the next phase of the model design is proposed. [ABSTRACT FROM AUTHOR]

The protracted humanitarian crisis in Rakhine state has forced millions of Rohingya to flee their homes from ethnic and religion persecution. Most headed to neighbouring countries including Malaysia, Bangladesh and Thailand by land or by sea across the Andaman Sea and Straits of Malacca. To date, nearly 1.2 million Rohingya live in Rohingya refugee camps in Cox’s Bazar since the mass exodus in 2017. As the world’s largest refugee influx, the Rohingya crisis has affected not only Myanmar but also the neighbouring countries and ASEAN member states. For the past 40 years, ASEAN member states particularly Malaysia and Thailand, have been a preferred destination for refugees seeking refuge from violence and human rights abuse. In light of this, ASEAN has adopted security mechanism as part of regional responses in addressing the crisis faced by the Rohingya ethnic. This article demonstrates, firstly, the mechanism and responses adopted by ASEAN in handling the influx of Rohingya refugees in Southeast Asia. Secondly, this study scrutinizes the challenges to ASEAN’s efforts and way forward to resolve the burgeoning refugee issue. By exploring these collective efforts, this paper investigates the extent to which these efforts and approaches play a functional role to suppress clandestine movement of Rohingya and subsequently protect the refugees. This article obtains its data from textual analysis including media reports, policy papers, academic articles, and official statements from ASEAN and ASEAN member states. The findings conclude that concerted efforts by ASEAN, albeit limited, are significant in providing new opportunities to strengthen national and regional protection for this vulnerable population. [ABSTRACT FROM AUTHOR]

Through a focus group interview, this research aims to illustrate and conduct an initial proof of concept study for our innovative mobile application. Your 2 Home is a mobile app designed to help foreign workers in Malaysia understand their human rights. With the various features in the app, it is hoped that the foreign workers in Malaysia will have a better understanding of their rights and have an excellent platform to give advice or even assistance. In this day and age of advanced technology, digital solutions have been widely used for various industries such as business, marketing, health, and many more to solve their problem. Human rights are the contemporary personification of very long-ago human principles, which develop justice, equality, freedom, and dignity, targeting to defend people and protect their liberty to express themselves and their religious preferences. Although human rights exist in Malaysia, there is so much more that can be accomplished in line with the advancement of technology. Hence, the purpose of this paper is to recommend a concept of a digital solution that can be used to solve human rights issues among foreign workers in Malaysia. [ABSTRACT FROM AUTHOR]

Malaysia and Turkey, to a different degree and in different areas, continue to construct an Islamic identity. However, a clear divergence of position pertaining to religion can be seen in their respective constitutions, in particular with regard to the position of Islam and secularism. It is interesting to examine the constitutional position of religion and its consequence and influence in the construction of the constitution and legislation. The paper looks at the text of the constitutions and the approaches taken by the apex court in the two countries. The paper also looks at the jurisprudence of the European Court of Human Rights since Turkey is a signatory of the Convention for the Protection of Human Rights and Fundamental Freedoms. The opposing positions taken by the two constitutions with regard to the influence of religion in public affairs surprisingly offers a coherent approach in constitutional construction. [ABSTRACT FROM AUTHOR]

This paper aims at examining the implications of the asset forfeiture system in Malaysia on the property owners and third party in relation to its 2001 anti-money-laundering legislation. This is a qualitative research in which primary data is obtained from the semi-structured interviews with law enforcement personnel, which is triangulated with the data from Bank Negara. The source of secondary data is the 2001 Anti-Money Laundering Act and relevant literature. Preliminary findings showed the asset forfeiture system not only led to legal ramifications but also economic and financial ones for the law enforcement and property owners and the third party. [ABSTRACT FROM AUTHOR]

This study reviews legal instruments relevant to the rights of indigenous peoples to education, the indigenous education system in Malaysia, as well as their rights and practices in other jurisdictions. The review shows that the indigenous peoples in Malaysia face many challenges and issues while exercising their rights to education. Among the problems faced by indigenous peoples in Malaysia include the lack of access to trained teachers, inadequate funding, and a lack of knowledge among teachers, in terms of indigenous culture and tradition, which seemingly play no role in shaping the education system in Malaysia. Evidence of these problems can be seen in terms of the opportunities provided to indigenous peoples to participate in decision-making, curriculum design, teachers' selection, and teaching methods that respect indigenous cultures and traditions. This is not compatible with the international law standards and some states' best practices that recognize indigenous peoples' right to establish and control their educational systems and institutions and provide education in their language, in a manner consistent with non-discrimination teaching and learning culture. This paper is expected to contribute to improving the quality of education of the indigenous peoples in Malaysia through some recommendations. [ABSTRACT FROM AUTHOR]

The principles of equal rights and non-discrimination as well as the right to equality before the law and equal protection of the law are fundamental human rights principles enshrined under Article 55 of United Nations Charter and Article 7 of the Universal Declaration of Human Rights (UDHR). The UDHR, international human rights standards and state practice consistently view employment and the right to work to include pre-employment. Therefore, rights during pre-employment would also fall within the scope of right to work regime. It is important to stress that the employer must not make employment decisions based on personal characteristics such as gender, race, nationality, ethnic origin, religion or belief, disability, age or any unrelated issues to inherent job requirements. Employer must base the employment relationship on the principle of equal opportunity and fair treatment and will not discriminate with respect to all aspects of the employment relationship, including recruitment and hiring, compensation (including wages and benefits), working conditions and terms of employment, access to training, promotion, termination of employment or retirement, and discipline. This paper will analyse the international laws, laws of other jurisdictions and Malaysian laws on protection against pre-employment discrimination. Recommendations would be accorded to ensure that Malaysia guarantees equal rights among jobseekers. [ABSTRACT FROM AUTHOR]

Purpose: The study aims to address the educations needs of Indonesian children living in plantations in Sabah and provide recommendations to the relevant stakeholders. Data was collected between January and March 2023 to identify and address the issues in relation to providing education for children living on plantations in Sabah. Specifically, children of Indonesian migrant workers. Design/methodology/approach: The research was both a doctrinal and qualitative study that encompassed in-depth interviews with migrant workers of Indonesian nationality who have children living with them in palm oil plantations in Sabah and local managers of the plantations. Data was collected from the commissioning plantation, where the children have yet to go to school and two other plantations with school-going children. The doctrinal component involved the analysis on international and domestic laws. Findings: Through the research, ways of enrolling migrant children in schools were determined including within neighbouring plantations, impacting the lives of children residing in the commissioning estate. Research limitations/implications: The research was fraught with difficulties. Gaining the trust of palm oil plantation owners was key and this took some time. Time in essence was a limitation as time taken for interviews is time taken away from the migrant workers employment. Practical implications: The commissioning estate has already secured the provision of education for the children of the estate. The research is impactful as it has facilitated this development. Social implications: The hope is that more estates will allow for academic researchers to come in and provide systematic and constructive feedback on how things could be improved for children living in plantations. Originality/value: Gaining trust and garnering data not only from migrant workers but also the managers provide novelty in the research. The views of the management side of things have not always been successfully acquired in the past. [ABSTRACT FROM AUTHOR]

The protection of refugees, asylum seekers, and stateless people is fragile and unpredictable in ASEAN countries, principally because majority of its member states are not signatory to the 1951 UNHCR convention. Consequently, there is lack of national legal frameworks to offer adequate protection to refugees. In fact, some states have introduced restrictive policies such as denying safe disembarkation or access at the airport and narrowing protection space and access to asylum seekers. There is also an increase in maritime pushbacks and instances of refoulment. As a result, all asylum seekers and refugees are treated as irregular migrants, and in the absence of substantive engagement by the authorities, UNHCR remains the last option for refugees protection responsibilities. This paper examines the status of refugees in Malaysia, a non-signatory party to the Refugee Convention. It lacks legislative and administrative framework to address concerns of refugees and therefore, the study proposes mechanisms that can be adopted by the country to protect and safeguard the interests of refugees without affecting Malaysia's sovereignty. [ABSTRACT FROM AUTHOR]

Embedded in democratic constitutions are the rights and freedoms that accompany citizenship, and these rights and freedoms include participation. The central concept of social participation is that citizens can transform themselves from passive bystanders into actively involved citizens working towards what they perceive to be the public good. It is crucial for young generations to participate in socio-political activities, as the development of any society in large part has to do with this demography. This paper examines the offline civic and political participation of 15 to 25-year-olds in Malaysia. The paper is based on a nation-wide survey of 5,042 youth members in Malaysia both from marginalised and mainstream communities. The findings show that this demographic is more active in civic participation as compared to political participation. The top three forms of participation were found to be forms of civic participation, with the least amount of participation found in the political sphere. While mainstream youth appear to have a higher amount of participation compared to those from marginalised communities, their participation is still average overall. Additional resources are thus needed for the economic, cultural and social development of the youth in Malaysia to support future trends in participation. A level playing field is required for young people both from marginalised and mainstream communities to improve their social participation. [ABSTRACT FROM AUTHOR]

Irregular migrants are defined as persons who enter into a particular country through illegal means or persons who had lawfully entered into the country but overstayed after the expiry of their permits. Irregular migrant children are children who are born from these irregular migrant parents. Irregular migrants do not have the right to stay in the country and thus they are subjected to detainment and deportation to their home country according to the law of immigration. This process usually takes time and during this period, many of their children's basic rights may be refused or denied, such as the right to education and the right to health care. In Malaysia, the law does not guarantee the right to education for irregular migrant children and thus, they would continuously be denied of this right so long as they remain in Malaysia illegally. This would significantly affect their intellectual development which is vital for preparation of adulthood. Hence, the paper seeks to examine the legal aspects of the right to education for irregular migrant children under the Malaysian laws and under the International law and to compare that with the laws of United Kingdom. [ABSTRACT FROM AUTHOR]

Background: As the Association of South East Asian Nations (ASEAN) gears toward full regional integration by 2015, the cross-border mobility of workers and citizens at large is expected to further intensify in the coming years. While ASEAN member countries have already signed the Declaration on the Protection and Promotion of the Rights of Migrant Workers, the health rights of migrants still need to be addressed, especially with ongoing universal health coverage (UHC) reforms in most ASEAN countries. This paper seeks to examine the inclusion of migrants in the UHC systems of five ASEAN countries which exhibit diverse migration profiles and are currently undergoing varying stages of UHC development. Design: A scoping review of current migration trends and policies as well as ongoing UHC developments and migrant inclusion in UHC in Indonesia, Malaysia, Philippines, Singapore, and Thailand was conducted. Results: In general, all five countries, whether receiving or sending, have schemes that cover migrants to varying extents. Thailand even allows undocumented migrants to opt into its Compulsory Migrant Health Insurance scheme, while Malaysia and Singapore are still yet to consider including migrants in their government-run UHC systems. In terms of predominantly sending countries, the Philippines's social health insurance provides outbound migrants with portable insurance yet with limited benefits, while Indonesia still needs to strengthen the implementation of its compulsory migrant insurance which has a health insurance component. Overall, the five ASEAN countries continue to face implementation challenges, and will need to improve on their UHC design in order to ensure genuine inclusion of migrants, including undocumented migrants. However, such reforms will require strong political decisions from agencies outside the health sector that govern migration and labor policies. Furthermore, countries must engage in multilateral and bilateral dialogue as they redefine UHC beyond the basis of citizenship and reimagine UHC systems that transcend national borders. Conclusions: By enhancing migrant coverage, ASEAN countries can make UHC systems truly 'universal'. Migrant inclusion in UHC is a human rights imperative, and it is in ASEAN's best interest to protect the health of migrants as it pursues the path toward collective social progress and regional economic prosperity. [ABSTRACT FROM AUTHOR]

International law recognises the right to food for all, including indigenous peoples. The Food and Agriculture Organisation of the United Nations (FAO) suggests four aspects of food security sustainability: availability, accessibility, utilisation, and food sustainability. In the context of Orang Asli in Malaysia, the Orang Asli Act 1954 does not expressly provide food security for Orang Asli. The National Agrofood Policy 2021–2030 needs to be revised to comprehensively address the issue of Orang Asli food security compared to international legal standards. The gaps in this law are one of the causes that contribute to the inability to address the issue of food security for Orang Asli holistically. Therefore, the main objective of this article is to critically analyse existing laws and policies related to the right to food and food security of Orang Asli and propose a food security model for Orang Asli based on human rights principles and international legal standards. This study employs doctrinal legal methodologies applicable to international law, domestic law, and policies pertinent to Orang Asli food security. The study found that the existing law in APA 1954 needs to be revised to guarantee food security for Orang Asli. Therefore, a hybrid legal model of food security for Orang Asli is significant to address this issue comprehensively as it combines the uniqueness of the customs and aspirations of Orang Asli, human rights principles, and international legal standards. This model could assist the government in accomplishing Sustainable Development Goal 2, which aims to end hunger, achieve food security, and improve nutrition. [ABSTRACT FROM AUTHOR]

The right to freedom of religion is one of the fundamental rights guaranteed in many international and regional human rights instruments. Several international documents safeguard freedom of religion including the right to convert from one faith to another. In Malaysia, the safeguard of this fundamental right is provided under Article 11(1) of the Federal Constitution with some limitations. The right to convert out of one' s faith is not mentioned explicitly. However, for the non- Muslims, this right to opt out of one' s faith and choose another has been regarded as an implicit part of religious liberty guaranteed by Article 11. In relation to the Muslims, the issue of apostasy is regarded as a taboo as well as a politically explosive proposition. This paper aims to examine the concept of freedom of religion under international law focusing mainly on the issue of apostasy in the context of the Malaysian Federal Constitution. The paper concludes that the position of Muslims especially in the context of embracing a new religion remains unsettled. [ABSTRACT FROM AUTHOR]

The Aboriginal Peoples Act of 1954 is arguably the most important piece of legislation governing the lives of the Orang Asli in Malaysia today. This law governs all aspects of the Orang Asli's lives, including land rights, education and who can be defined as Orang Asli. This law effectively sets up the Orang Asli as wards of the state and thus limits their rights as full citizens. In this paper, I trace the formulation of this law over time, highlight how the discourse of protection has been a central theme in the law and how it frames the Orang Asli-state relationship. The discourse of protection provides justification for state policy regarding the Orang Asli and becomes a stand-in for control and power over the community. The Aboriginal Act was first drafted to protect the Orang Asli from exploitation and cultural contact with outsiders who were perceived as detrimental to the community. In this framing, the Orang Asli were labelled as 'primitives' and 'simple' people who needed protection. Later, during the communist insurgency (1948-1960), the government viewed the Orang Asli as a potential security threat in need of protection from the subversive ideology of communist guerrillas. In the post-independence era (1960s-present), the focus has shifted from one of protection to 'advancement' of the community. The Orang Asli are now framed as 'backward', 'anti-development', and needing to be brought in line with the nation's ambitious economic development agenda and aspirations of modernity. I argue that the Orang Asli are trapped between a protectionist law, which positions them as wards of the state with limited autonomy, rights and control over their resources, on the one hand, and the post-independence policy of hyper-development, under which they are deemed to be failed subjects, on the other hand. [ABSTRACT FROM AUTHOR]

The rights of victims of crime should be protected. In conventional punitive justice as exercised in Malaysia, the law only focuses on punishment that is to be inflicted on the offender. Nevertheless, it ignores the needs of victims of crime. Even though the victim has certain rights, it does not mean that such rights can be obtained straight away. In fact, many victims neither realize nor understand about their rights. As a result, it is claimed, victims rarely experience justice when their case is dealt with by traditional punitive methods. Thus, it is timely to examine the existing legal framework and to suggest reform to the system so that the aspects relating to rights of crime victims can be formulated. This is significant in order to promote fair and just treatment for the parties concerned. This paper will focus on adequacy of law in protecting the rights of victims of crime in Malaysia. [ABSTRACT FROM AUTHOR]

This paper is about Mahathirism or Mahathir's views on human rights. It supports the argument that Mahathirism is in fact a type of cultural relativism against universalism or Western liberalism specifically in the Malaysian context. The main idea of Mahathirism comes from Mahathir's argument of "Asian values". Mahathir's argument of Asian values can also be split into the arguments of anti- Western imperialism, strong government, communitarianism and social and economic rights. Mahathir rejects universalism or the Western liberal notion of human rights which, he believes, can corrupt Malaysian culture and religious beliefs. Mahathir claims that Western pressure on developing countries, including Malaysia, over human rights and democratisation is intended to cause instability, economic decline and poverty. With such a situation, the West can threaten and control Malaysia. However, critics obviously dispute the Mahathir's purported intention in restricting human rights, arguing that his real intention was to exploit these issues as a justification for curtailing opposition and reinforcing his position in power, plus for hiding the human rights violation in Malaysia. [ABSTRACT FROM AUTHOR]

This article considers the possibilities and limitations that the employment of human rights discourse poses for organizations in Malaysia involved in migrant domestic worker issues. Because domestic employment is such an overwhelmingly feminized occupation, one logical avenue of enquiry is to analyse these organizations' adoption of 'rights talk' from a critical feminist perspective. The case-study research presented in this article suggests that activist groups are keen to adopt the language of human rights and make reference to international human rights standards in their work. The questions that frame this paper, therefore, are: to what extent does the engagement with the language of human rights by the activist groups challenge mainstream discourses of human rights that tend to exclude marginalized groups of women? And, when we make migrant domestic workers the subject of human rights claims, what then are the implications for human rights practice? It is suggested that the activities of activist organizations can play a role in destabilizing universalistic notions of human rights. Specifically, I highlight the ways in which campaigns to protect the rights of migrant domestic workers contain implicit critiques of both the public/private divide upon which mainstream human rights standards have been developed and the problematic relationship between rights and citizenship. [ABSTRACT FROM AUTHOR]

Multiculturalism is not a new phenomenon in Malaysia. Being a cultural-rich and a pluralistic society, Malaysia has always been diverse culturally since her independence in 1957. In retrospect, the end of the cold war held forth a promise for emerging and progressive democracies around the world. This promise recognized the basic human right of people of all cultures, races and religions to live and prosper in harmony together. It promised a society where cultural differences are honored and not just tolerated; a society where the enduring ideals and ideas of humankind can thrive. In many ways, Malaysia upholds these aspirations. At the school level, the Malaysian government has introduced ‘Vision School’ to enhance cross-cultural understanding and national unity among different races and diverse cultural backgrounds. The lack of cross-cultural understanding or sensitivity on the part of the teachers has serious implications because it affects classroom management and consequently students' learning. An overall understanding of the significant role of cultural variables in cross-cultural interaction may act as a bridge to mutual understanding and acceptance in situations of cultural conflict. Cross-culture understanding, however, involves more than knowledge of how and why other people think and behave as they do. Understanding someone from another culture also involves adjusting one's own world-view. Thus, the purpose of this paper is to present the reform initiatives in Malaysia in promoting intercultural understanding. [ABSTRACT FROM AUTHOR]

This paper seeks to examine the constitutional and legal implications of Islam in Malaysia with a focus on fundamental liberties and particular reference to freedom of religion; conversion of non-Muslim minors to Islam; Hudud law, 'Islamic dress,' offenses against precepts of Islam; and, women, Heads of State and Islam. These areas are chosen as a result of cases in civil courts contesting fundamental liberties, and debate in the public domain. The problems which have surfaced revolve around the following concerns: subjecting non-Muslims to Islamic law or principles; subjecting Muslims and non-Muslims to an Islamic fiqh principle contrary to humanistic principles; the problems of a dual legal system with attempts to demarcate jurisdiction but at the cost of fundamental liberties; and, the relevance of the "Islamic state" vs. "secular state" issue in rights adjudication. The courts appear to be in a conundrum when dealing with these cases, and this suggests a conflict in the application of Islamic and civil laws. These issues are not new; they have persisted for a long time. Recently court decisions have aroused a public perception that the problem is one of Islam versus the non-Muslim. This tends to be perceived in ethnic terms as well, specifically as a contest between the Malays, who are mostly Muslims, and other races. The author calls for increased secularization in Malaysia as a way to resolve these issues. [ABSTRACT FROM AUTHOR]

This paper discusses the relevance of the "Asian values" debate for Malaysia. It argues that "Asian values" is not a useful notion for understanding Malaysia's attempts to modernize itself. In fact, this debate acts as a distraction and justifies the government's campaign to diminish human rights as well as cultural emancipation. "Asian values" often act as an excuse for authoritarianism and other abuses of government, instead, we should examine why Malaysia and other Southeast Asian countries justify oppressive practices using the excuse of "Asian values". Unless we find better answers, both the state and civil society in Malaysia will be seriously destabilized, thus risking the genuine economic achievements of the past decade. And yet, I was detained. My experience convinced me that when you have a law which permits detention without trial, it does not matter what the truth is. For the lie can never be nailed. The lie lives because the "evidence" which the state claims to have against you cannot be scrutinized by a proper court of law. Indeed, under the ISA the lie is protected. It is sanctified. It is made sacrosanct. This is the ultimate power of the lie: it crucifies the truth. Chandra Muzaffar (1993, p. 80) [ABSTRACT FROM AUTHOR]

Copyright of SINERGI: Journal of Strategic Studies & International Affairs is the property of SINERGI: Journal of Strategic Studies & International Affairs and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of SINERGI: Journal of Strategic Studies & International Affairs is the property of SINERGI: Journal of Strategic Studies & International Affairs and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Platform work and platform workers are transforming the present employment landscape in most countries, including Malaysia. A platformbased economy provides various career opportunities with flexible working hours, autonomy and control and the potential for a high income. Despite the economic benefits of the platform-based economy, there are rising concerns about workers' precarious working circumstances and a lack of regulation to protect their human rights. In the platformbased economy, business risks are often passed to platform workers with weak legal human rights safeguards. This study employed a qualitative methodology based on document analysis, a systematic procedure for analysing or assessing printed and electronic documents to elicit meaning, acquire comprehension and produce empirical knowledge. This conceptual article aims to investigate the notion of due diligence as an essential component of corporate responsibility in the business and human rights (BHR) framework. Furthermore, this article examined the concept and application of human rights due diligence in a platform-based economy to protect platform workers' rights. This research discovers that there is a need for corporations of all sizes and sectors to understand the notion of corporate responsibility to respect human rights, and show commitments to incorporating human rights due diligence within their corporate governance, regardless of the method used to conduct business. [ABSTRACT FROM AUTHOR]

Human rights has been acknowledged as one of the essential characteristics of good governance. Abuse of human rights is strongly associated with bad governance, which is believed by many to be a serious impediment to development and sustainable growth. Despite the active participations of Islamic movements in many parts of the political world, very little is known of their involvement in advocating human rights issues as part of their struggle for power. Nevertheless, as an Islamic movement and an Islamic revivalism actor in Malaysia, Pertubuhan Jamaah Islah Malaysia (JIM) has shown otherwise. JIM has resembled a different attitude towards the issue of human rights that they believe as an integrated and pertinent composition of good governance. By scrutinising their political activities and discourse since 2000, it becomes clear that JIM has been actively engaged in good governance and human rights issues, especially those that relate to the political rights of citizens through its involvement in the Abolish Internal Security Act (ISA) Movement (Gerakan Mansuhkan ISA). This paper examines JIM's involvement in human rights issues with a special focus on its active and leading role in calling for the abolishment of the Internal Security Act (ISA). [ABSTRACT FROM AUTHOR]

Since its inception, the Universal Periodic Review (UPR) has been subjected to a substantial amount of criticism. The mechanism began functioning in 2008, however little has been made known about the roles and functions of the UPR. This article explicitly examines the first UPR process of Malaysia in 2009, in order to illustrate how the mechanism operates in practice by highlighting the engagement of Malaysia government with the stakeholders, the follow-up process and the main issues concerned. This article argues that in spite of the excellent diplomacy skills that were portrayed by the Malaysian government in the UPR session, the human rights situation in the country has not improved much. This paper seeks to determine how effective the UPR has been at encouraging human rights reforms nationally by analyzing and assessing the implementation actions of the Malaysian government in response to their accepted UPR recommendations. [ABSTRACT FROM AUTHOR]

This study examines and analyses human rights issues in Malaysia. Its approach is primarily an eclectic, by concentrating on the strengths and weaknesses of the human rights regime as practiced by Malaysia. This paper is divided into three parts. The first part looks at the six fundamentals of human rights that include: Respect for the integrity of the person; respect for civil liberties; and respect for political rights, more specifically, the rights of citizens in Malaysia to change their government. The second part looks at the Malaysian government's attitude regarding international and non-governmental investigation of alleged violations of human rights, such as discrimination based on religion, race, gender, disability, language or social status. The last part looks at worker's rights. The data for this analysis comes from primary and secondary sources, namely newspapers, the Internet, books, magazines and journals. The study found that the records of human rights in Malaysia is relatively good when compared to some of her ASEAN neighbours. For instance, Malaysian experience demonstrates that parliamentary democracy has been well-maintained in that elections have been held regularly ever since independence in 1957. Indeed, Malaysia enjoys one of the fastest-growing economies and is one of the 'Asian small tigers.' It may have occasional political and religious arrests of some opposition leaders, but physical force is not exerted against opponents, in contrast to what Ferdinand E. Marcos did and what Gloria M. Arroyo has been doing in the Philippines at the time of this writing. Furthermore, there is nothing that resembles the violence that frequently erupts in the Philippines, Thailand and the continuing oppression in Myanmar committed by the military government against its people. [ABSTRACT FROM AUTHOR]

The 17 Sustainable Development Goals (SDGs), and the accompanying 169 targets and 230 indicators cover a wide range of complex political, social and economic challenges. Addressing these goals will require transformations in how societies and economies operate and how we interact with our planet. Human rights are not explicitly mentioned in the SDGs, but its mantra of "leave no one behind" mirrors key human rights principles. The SDGs are significant in two ways. First, they acknowledge rights in a way that the predecessor, the Millennium Development Goals (MDGs) had neglected. Second, the SDGs mark a turning point in approach, from a focus on a right to development to a human rights-based approach (HRBA). Recognising the instrumental role of Civil Society Organizations (CSOs) in the implementation of the SDGs, this article analyses strategies and challenges of Malaysian CSOs in making the SDGs work through a localization approach. Following an overview of the current SDG and human rights discourses in Malaysia, this article describes the SDG-related activities of CSOs. The attributes of CSOs that increase their potential effectiveness are also discussed. [ABSTRACT FROM AUTHOR]

This article aims to analyse the gambling activities in Malaysia against the backdrop of human rights and federal constitution. It instigates for effective efforts to be carried out to, at least, minimise the gambling activities, if not to stop them totally. Based on limited sources in the existing literature, this article initially identifies the definitions of gambling and its status from the perspectives of Islam and other religions. It then examines whether gambling is consistent with the very notion of freedom of religion in this country which makes Islam as its religion. Furthermore, to get an accurate perspective of this 'industry' and the laws related to it, this article analyses some selected prominent gambling companies and the existing laws followed by some recommendations for solutions. In sum, this article affirms that gambling is neither a good habit nor does it represent the culture of Malaysian people. It in fact contributes towards social ills within the society and therefore needs to be strongly combated [ABSTRACT FROM AUTHOR]

Besides dealing with architectural and attitudinal barriers in higher education, disabled students also have to go through their identity formation as having some form of impairment resulting in their actions whether to disclose or not to disclose such information within various aspects of campus life. This article explores factors that influence one's decision to disclose his or her impairment in higher education setting. We collect qualitative data from two groups of research participant. The first group consists of first year university students with various impairment at a public higher learning institution in Klang Valley, whereas the second group comprises of members of a Facebook group known as 'Jalinan Mahasiswa OKU Malaysia'. Through qualitative comparative analysis, we uncover ten factors that influence one's decision for impairment disclosure. Those factors are study course suitability, meritocracy, feeling towards one's limitation, risk of discrimination, fulfilling one's rights, risk of manipulation, facilities provision, responsibility, priority and thoughtfulness. These factors produce a complex matrix that needs to be managed effectively. We debate several issues arise relating to these factors. Our debate calls for critical interrogation of issues such as disability conception, individuals' capabilities and the need for re-operationalizing the term 'human rights'. We also advocate for further research on this matrix in different contexts of disabled people's life such as during applying for a job, applying to participate in an event or training, and during applying for services or assistance schemes. [ABSTRACT FROM AUTHOR]

Anti-discrimination legislations and employment rights for People with Disabilities (PWDs) have moved to the central of policy in developed countries. The emerging importance of the role and future of PWDs in society is necessitated by a paradigm shift from a 'charity' to a 'human rights' approach. According to the 'human rights' approach, the universal (human) rights to a better quality of life should not be the sole exclusivity of able-bodied citizens only; but a privilege extended to PWDs too. In Malaysia, the 'human rights' approach is slowly permeating into the country's politico-institutional mechanisms reflected in national agendas such as the Vision 2020 blueprint that advocates a sustainable, caring and socially-inclusive Malaysian society. In this regard, the adoption of the 'human rights' approach is timely and considered as a key prerequisite and milestone to enable and qualify Malaysia to be a developed nation by 2020. To this end, several policies for PWDs have since been formulated. However, this paper argues that these policies have failed to deliver in terms of establishing an equitable, socially-inclusive and discrimination-free working environment for Malaysian PWDs. More significantly, this paper provides valuable empirical evidences that highlight the inadequacies of these policies to address and overcome issues of discrimination that are on-going and continue to persist in Malaysian workplaces. This paper contends that Malaysia's aspiration to be a caring and socially-inclusive society by 2020 is being challenged and at stake, if, issues of workplace discrimination against Malaysian PWDs are not resolved in a timely manner. [ABSTRACT FROM AUTHOR]

Why do non-democratic governments commit to human rights on a regional level? We argue that the negative externalities of political repression, operationalized as large amounts of transnational refugee flows, affect states' willingness to commit to human rights. Neighbouring governments commit to human rights to send a signal to their repressive neighbours that repression will no longer be tolerated. We use official UNCHR data, a number of other secondary sources, as well as congruence analysis and process tracing to demonstrate the relevance of the theory for the Association of Southeast Asian Nations (ASEAN) and Malaysia and Thailand in particular. [ABSTRACT FROM AUTHOR]

The brand-name fashion industry creates high levels of competition in developing countries, leading to labour exploitation and human rights abuse. The 2013 World Investment Report found that pushing prices down in global value chains has led to "significant negative social and environmental impacts". In response, fashion corporations and retail giants introduced codes of conduct to address consumer concerns and stop any damage to brand reputation. Corporate Social Responsibility (CSR) has had some success in preventing child labour but little if any victory in allowing workers the right to organise and bargain collectively. In fact, CSR has been blamed for undermining the role of trade unions and privatising labour rights. In this article, I trace the history of CSR from shareholders to a human rights model. I highlight tensions between national accumulation policies, company profits, shareholders and CSR on the one hand, and migrant workers and human rights on the other. [ABSTRACT FROM AUTHOR]

Human trafficking is a growing transnational crime, threatening national security, causing economic losses and damaging the domestic human rights reputation of countries. It is the reflection of the problem facing the global societies today, including Malaysia and Nigeria. The countries were chosen as the study because both Malaysia and Nigeria ratified United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. The countries subsequently enacted national policies in compliance with UN Trafficking Protocol. The aim of this article is to: (1) review the current studies of human trafficking in both countries by looking at nature, pattern, and some distinct characteristic of human trafficking in both countries; (2) outline the gap in the literature and make some suggestion for future research on human trafficking in both countries. The review of the literature is carried out based on relevant existing literature and past studies on their commitment (Malaysia and Nigeria) in responding to the UN Trafficking Protocols. The review reveals the challenges faced by both countries in combating human trafficking, are not of policy formulation but effective implementation of Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act and Trafficking in Persons Prohibition Law Enforcement and Administration Act (TPPLEAA) in Malaysia and Nigeria respectively. Moreover, the review shows that Protection and Assistance of Trafficked Persons, Prevention of Human Trafficking, Prosecution of Traffickers and Promotion of Partnership (4Ps) in combating human trafficking have not been adequately examined. The study suggests the ways to address human trafficking issues in both countries. [ABSTRACT FROM AUTHOR]

Due to globalization, migration has become a worldwide trend, and now poses a new challenge to countries that receive and send migrant workers. Many issues have arisen from this trend, especially in terms of the rights of the migrant workers. Malaysia is one those countries that receive migrant workers, with 6.7 million migrants working in Malaysia, comprises of both with legal and illegal status. Without a doubt, Malaysia is a receiving country which depends a lot on migrant workers in boosting her productivity, especially in the economic and development sectors. Migrant workers in Malaysia are required to be covered by a health insurance scheme, particularly for compensation in the event of an accident. The question is whether the right of migrant workers to access healthcare in Malaysia is protected adequately without burdening the government, particularly in terms of the cost? Has the practice in Malaysia fulfil the right to health of migrant workers? Therefore, this article aims at analysing the laws and related instruments governing the issue of right to health of migrant workers in Malaysia. The methodology used theoretical analysis and interviews of identified target groups in order to obtain the primary. The interim analysis demonstrates that the existing policies and legal framework in Malaysia are practising discriminatory treatment against migrant workers in terms of access to healthcare and social benefits. [ABSTRACT FROM AUTHOR]

This article traces the origins of legalized discrimination, religious hatred, and systematic marginalization of a community of Malaysian Muslims – the Shias – perpetuated in the name of Islam. It demonstrates how a central government-derivedfatwa(religious legal opinion) banning Shi’ism and the propagation of Shia teachings in the country since 1996 has been used to justify a range of human rights violations, not limited to the religious freedom of this minority group. Apart from Syariah legislation, the state has utilized thisfatwaalongside other tools, including the religious bureaucracy and the media, to persecute Shia in Malaysia. Anti-Shia efforts are also supported and propagated by non-state Islamists who often work hand-in-hand with state actors. [ABSTRACT FROM PUBLISHER]

Background: HIV screening has existed in numerous methods as an important part of HIV prevention efforts over the years. Premarital HIV testing for couples who wish to marry has been implemented in a number of regions, which often operate in a mandatory rather than voluntary basis and is considered a contentious issue, with viewpoints held in favour and against. One such region is Malaysia which has a policy of mandatory premarital HIV testing of prospective Muslim married couples. The purpose of this study is to understand stakeholders' views on premarital HIV testing given the Malaysian Islamic context. Methods: 35 in-depth face to face semi-structured interviews were undertaken with key stakeholder groups involved in HIV prevention policy in Malaysia, namely, officials from the Ministry of Health, religious leaders and people living with HIV. Participants were recruited from the Klang Valley area, from July to December 2013, using purposive sampling techniques. Inclusion criteria necessitated that participants were over the age of 18 and provided full consent. Interviews were audiotaped, followed a standardised topic guide, transcribed verbatim and analysed using a framework analysis. Results: Participants identified pre-marital HIV testing as an effective HIV prevention policy implemented in Malaysia and was viewed, for the most part, as a positive initiative across all stakeholders. Religious leaders were supportive of testing as it provides a protective mechanism, in line with the teachings of the Shariah, while Ministry of Health officials considered it a normal part of their HIV prevention screening initiatives. However, there were concerns surrounding issues such as confidentiality, counselling and discrimination surrounding the test described by the PLHIV group. Conclusion: The findings of this study show that among the participants interviewed was strong support for mandatory premarital HIV testing, which could possibly expose the vulnerability to HIV, reluctance to test and other areas in the HIV response in Malaysia that need to be addressed. Furthermore, although international health organisations are vehemently against mandatory premarital HIV testing, the strong local support for such measures and the mismatch between these views is worth exploring in more detail, given the cultural, social and religious context. [ABSTRACT FROM AUTHOR]

The administration of Islamic alms (zakat) funds in Malaysia underwent spectacular transformations since the 1990s, shaped by the appropriation of marketized forms of management and a skyrocketing growth of collection and distribution rates. Simultaneously, localzakatfunds are increasingly used to pursue targets of sustainable poverty reduction, such as the empowerment of micro-entrepreneurship. This globally inspired ‘success story’ is referred to by various international observers, including development organizations, as a ‘role model’ for other countries to learn from. After illustrating what makes the Malaysian case so particularly attractive, this article develops a critique of international perceptions of this ‘success story’ by making explicit some of its underlying ambiguities. Instead of narrowly celebrating instrumental aspects of business-style organizational innovation and calling for their globalization, a deeper understanding of the discursive embeddedness of Malaysian zakat management would reveal significant normative tensions with secular humanitarian ethics and human rights law, with implications beyond the Malaysian case. [ABSTRACT FROM PUBLISHER]

Human rights culture is relatively new in Malaysia. Thus, locating and unearthing the values of human dignity from traditional heritage would help to enhance understanding on modem human rights. An attempt to connect traditional values buried under Malay proverbs with contemporary sociological findings should be made. In order to make this attempt successful, George F. Mclean's formulated framework 'human rights and the dialogue of civilizations', together with the categorisation of Malay proverbs by Syed Hussein Alatas, was chosen. Mclean's formulation looks into the needs of civilisations in dialogue, values and virtues, cultures and traditions and the ontological foundation of the many faces of humanity. Syed Hussein Alatas's categorisation of Malay proverbs helps to select suggestive and 'reprimandative proverbs' that contain human rights values. This essay intends to identify features of human rights in traditional society, and by doing so, challenges the notion that human rights are a Western product and incompatible with the culture and religion of Islam. [ABSTRACT FROM AUTHOR]

In 2006 a forum to discuss Article 11 of the Malaysian constitution on religious freedom sparked a major and unexpected pushback. Many Muslim and Malay NGOs and concerned citizens argued that they were defending Islam from the onslaught of liberalising forces in Malaysia. The clash between what could be termed liberal human rights discourses and/or reformist Islam and reactionary Islam is also one about Islamic theology in Malaysia. It is an example of how theology can be internally divisive and presents a problematic case study for an anthropological encounter and engagement with multiple theologies, debates about history and the anthropological project. This article charts one path for the encounter between an anthropologist and his ethnographic other that aims to understand these diverse perspectives and also seeks to understand both the project of writing an anthropology of Islam that incorporates Islamic theology and Muslims' lifeworlds that form the basis for it. [ABSTRACT FROM AUTHOR]

Debates on secularism in Malaysia often revolve around the legal, especially the constitutional, framework. To this end several NGOs organised a road show in 2006 to debate issues surrounding freedom of religion. Not only were these events mobbed by angry crowds, but also the state intervened and shut down these and future discussions on the topic of religion, deeming such debates sensitive. This article addresses the particularities of secularism in Malaysiavis-à-visOlivier Roy's thesis in ‘Secularism Confronts Islam’ that sees religious space and secular space as discernable yet not antithetical and Charles Taylor's thesis in the ‘Secular Age’, where he points to a new definition of secularism as a pluralist and transcendent notion of belief. In Malaysia both variants are present, with the state playing a dangerous game situating itself between reactionary Muslim forces and a moderate majority. [ABSTRACT FROM AUTHOR]

In recent years, issues pertaining to freedom of religion have attracted much attention and public controversy in Malaysia, highlighting the discrepancy between (inter)national human rights norms and national practices. Particularly anthropological theories regarding human rights realization, have argued that it is crucial for human rights to become embedded in society. This article examines how the Malaysian National Human Rights Institution (NHRI), SUHAKAM, has positioned itself with regard to the right to freedom of religion. The article describes a number of cases brought to the Commission and its responses. This forms the basis for an analysis of SUHAKAM's behaviour, which in turn provides insights into the factors influencing the actions of NHRIs, the state of human rights in Malaysia in general, and contributes to theories regarding human rights socialization. [ABSTRACT FROM AUTHOR]

For conservation to be effective in forests with indigenous peoples, there needs to be greater recognition of indigenous customary rights, particularly with regards to their use of natural resources. Ideally, legislation regulating the use of natural resources should include provisions for the needs of both indigenous peoples and biodiversity. In reality, however, legislative weaknesses often exist and these can result in negative impacts, either on indigenous peoples' livelihoods, their surrounding biodiversity, or both. Here, our case study demonstrates why conservationists need to pay greater attention to natural resource legislation affecting indigenous peoples' rights. Apart from examining relevant laws for ambiguities that may negatively affect biodiversity and livelihoods of indigenous people in Peninsular Malaysia (known as the Orang Asli), we also provide supporting information on actual resource use based on questionnaire surveys. In order to address these ambiguities, we propose possible legislative reconciliation to encourage policy reform. Although there are positive examples of conservationists elsewhere adopting a more inclusive and participatory approach by considering the needs of indigenous peoples, greater recognition must be afforded to land and indigenous rights within natural resource laws for the benefit of indigenous peoples and biodiversity. [ABSTRACT FROM AUTHOR]

In November 2011, the Malaysian sexuality rights festival Seksualiti Merdeka was banned after being labelled immoral and subversive. The organizers insisted that the festival was a forum for the voices of sexual minorities and that the ban was politically motivated. By examining the rhetoric surrounding this festival in the Malaysian media, this article aims to uncover how the tensions between Malaysian politics and religion affect the lives of queer Malaysians in terms of human rights before providing a Christian theological response. [ABSTRACT FROM AUTHOR]

Aim: The study is founded upon a critical analysis of the extent to which the mandatory drug assessment in funneling drug users under Malaysia's compulsory treatment and rehabilitation programme is consistent with the principles of human rights guaranteed under the Malaysian Constitution. Method: Empirical qualitative data from a case study encompassing direct observations of natural sites, a focus group comprising former and recovering drug users, secondary data from official documents and case files. Results: Findings show that the mandatory drug assessment of drug users is subject to arbitrary arrest, unnecessary prolonged detention, lack of medical assistance and non-compliance to due process. Conclusions: The mandatory drug assessment of drug users in Malaysia entails serious infringements of the principles of human rights. [ABSTRACT FROM AUTHOR]