Jennine Julia C.

Vallejos G40
11 STEM 3 Country: Malaysia
Controversy: Human rights in Malaysia

POSITION PAPER IN ORAL COMMUNICATION

INTRODUCTION:
When will the time ever be ripe for human rights to be realized in Malaysia? Human
rights in Malaysia has always been an issue ever since the 21st century. The situation of
human rights in Malaysia is controversial as there have been a lot of issues involving
human rights abuses in the country itself. In May 2018, Malaysians have voted out for
the ruling coalition that is led by the United Malays National Organization (UMNO) that
have governed Malaysia since the independence in 1957, they have elected the
Pakatan Harapan alliance that is led by the former Prime Minister Mahatir Mohamad.
Pakatan Harapan ran on an election who promise to abolish oppressive laws, ensure
accountability for police abuses, to improve the situation for refugees, to finalize the
international human rights treaties, and to make Malaysia’s human rights record to be
“respected by the world”. By the end of the year, the new government had begun to take
steps to fulfill some of those promises. However, progress on legal reform has been
slow and the negative rhetoric directed particularly towards the country’s lesbian, gay,
bisexual, and transgender (LGBT). The population raises questions and is doubting
about whether the new government will ensure equal rights for all.
In my perspective, Human rights plays a big role in our life. For me, It is important to
consider the person’s feelings and on how it will affect their lives. This issue affects the
life of a human being that is taken from him or her by another human being, and
because of this it represents the tension between the state and the citizens of Malaysia.
The government in Malaysia thinks that the international standards of human rights are
not applicable to the citizens in Malaysia to the reason that it is over-emphasis on the
rights of the individual as opposed to the rights of the community. Which, I think that is
unfair to the citizens in Malaysia, because the Universal Declaration on Human Rights
(UDHR) also gives a greater priority to the civil and political human rights, but still is
alien or not being recognized by the Malaysian traditions and cultures. With this the
government should prioritize the human rights of an individual in Malaysia because the
enemy of human rights has always been the state.
DEFINE THE CONTROVERSY
According to the human rights watch, Malaysia’s human rights issues has improved
significantly in the year 2018 after the election for the new government and has been a
bright spot for progress on human rights in the southeast asia. According to Phil
Robertson, the Deputy Asia Director “The new government has made impressive
commitments to improve the human rights situation in Malaysia, but too much is still
only on paper”. It simply means that the commitments that the government has
promised was slow in terms of progression because some people like the LGBT
community still experience discrimination. The government should act on these issues
right away so that all communities in Malaysia will benefit.
WHAT IS MY POSITION?
I believe that in Malaysia, human rights are partially preserved in the Federal
Constitution. Among others, the constitution guarantees the right to life; freedom of
movement, speech, religion and rights in terms of education. As what I have noticed in
the people in Malaysia, particularly the members of the LGBT community, they don’t
express their selves or they don’t show who they truly are because of the beliefs,
traditions and cultures specifically on the religion Islam, and because of the fear to be
judged. Every Malaysian citizen should be aware of his or her rights as it is also said in
the Constitution. Every human has the rights to be their selves and to not depend on the
person’s opinion and judgement.
ADDRESS SIGNIFICANT COUNTERCLAIMS
In Malaysia, the religion of most people is Islam, therefore they believe that women are
inferior to men and also they don’t want to see any women unveiled, that she may not
conserve any other men except for her father and her brother. The majority of Muslim
women are brought up with the conviction which is Allah’s command for them to be
under male dominance their fates are interwoven with that men. Because of this women
have no rights to complain anything with their husband. They also believed that once
the man wants to get divorce there are no more explanation with that or why the men
wants to get divorce he has the right to terminate his marriage whenever or wherever he
pleases. A woman can sue for divorce in the Islamic court on the specific grounds.
When woman applies to the court for an injunction of divorce, and the husband is not
willing to repudiate her, the procedure can be very lengthy and in most cases is futile. A
man who divorces her wife must pay the full amount of the bride-price. Women whose
living under the Islamic law cannot travel, work, study, and leave their houses without
their father or husband’s permission. They don’t have the right to choose the place of
their residence. They also believed that and according to Islamic Law, woman cannot
choose her mate and is not permitted to divorce him. Her husband can divorce her
without her knowledge or consent. This proves that in the religion of Islam, women
mostly has no rights and always needs to obey their husband. Which is so unfair
because I believe that both woman and man should enjoy the same rights and
opportunities across all sectors of the society. Woman are entitled to live with dignity
and with freedom from what and from fear. Woman should make their own choices. We
need to look closely at how women in these societies want to live. Religions need to be
reinterpreted. Woman need to take a stand and take part in the (religious) interpretation
process. The Muslim world is lacking in democracy and gender equality. The
assumption is that Muslim women need to be free from the religion entirely before
anything close to liberation or equality can be achieved.
SOLUTIONS:
Humans are not to be taken advantage. Men or women, lesbians or gays, we are all
human and we all deserve to be respected. On august 18, 2018, in Malaysia, 8 men
brutally beat a transgender woman in Negeri Sembilan, causing internal injuries, broken
ribs, and injuries to her head and back. On September 21, 2018, Prime Minister
Mahathir state that Malaysia “cannot accept the LGBT culture”. It is unrighteous to judge
people by their sexual orientations. Stop the superiority. Nonetheless, we are all born
equal. No one deserves to be treated the way transgenders are being valued in the
society. A man is no superior to women. Oftentimes it is the man who abuses a woman
and it already identifies as gender discrimination since woman are clearly seen as
weak, inferior than men and born just to be pleasure for them. Violence on woman is
perhaps the most shameful human rights violation. As long as it continues, we cannot
claim the equality and peace. How do you perceive not only the LGBT community but
also to the women’s and children’s rights? Make a move to stop gender inequality. Treat
everyone with respect. Don’t judge others by their personal choices. There’s a lot of
advocacy that explains gender equality, but some are really just ignoring it. It is not pity
that woman need, it is respect, understanding, and equal treatment.
CONCLUSIONS:
Thus, the question of what creates human rights in Malaysia depends upon the
government if they want to apply the international standards of human rights to the
individuals of the country itself. Malaysia was influenced by the Islamic conception of
human rights and they follow their Islamic Laws and traditions which I think that some of
their laws are unfair especially to the members of the LGBT community and to the
women’s and children’s of Malaysia who experiences a lot of discrimination. In this
paper it shows how Malaysia is lacking in prioritizing the human rights of its people and
on how we should take act on it.