LAUNCH OF SUARAM’S MALAYSIA HUMAN RIGHTS REPORT 2024

In 2024, Malaysia's human rights landscape reflected a government grappling with the balance between reformist aspirations and entrenched systemic challenges. While the unity government continued to highlight human rights as integral to the Malaysia Madani concept and Malaysia’s international commitments, the persistence of laws and practises curtailing freedoms revealed a disconnect between rhetoric and reality.

In 2024, the use of security laws continued to reflect challenges in safeguarding fundamental rights while addressing national security and crime. The Security Offences (Special Measures) Act (SOSMA) saw a resurgence in terrorism-related detentions and an 11.5-fold increase in organised crime-related detentions. The use of SOSMA also expanded into commercial crime, continuing the precedent set in 2023 with the arrest of drug syndicate members. Despite multi-stakeholder engagements in 2023, amendments to SOSMA passed in 2024 failed to address key violations of the right to a fair trial, such as the lack of access to bail. Meanwhile, no substantive updates have been made public on the scope, content, or direction of proposed amendments to the Prevention of Crime Act. SUARAM documented 515 arrests under the Dangerous Drugs (Special Preventive Measures) Act in 2024.

Systemic gaps in Malaysia's law enforcement and justice system persisted in 2024. SUARAM documented over 190 instances of police misconduct, with half of the cases seeing no action beyond investigations. Chain remand practices escalated, with all 92 individuals rearrested under SOSMA mostly for organised crime. Police shootings surged in 2024, with 35 incidents across 11 states involving 75 individuals — 36 of whom were killed, marking a sharp rise in fatalities and a broader geographic spread compared to 2023. While media-reported custodial deaths dropped from 14 to 9, longstanding gaps in investigations and communication with families persist. Ongoing court proceedings into the enforced disappearances of Amri Che Mat and Pastor Raymond Koh highlighted persistent shortcomings in investigative standards and institutional accountability.

On developments in freedom of expression, SUARAM documented a five-year high in charges under the Sedition Act (SA), and continued targeting of journalists and activists under the SA and Section 233 of the Communications and Multimedia Act (CMA). The CMA amendments and other online safety laws passed this year, as well as proposed amendments to the Printing Presses and Publications Act (PPPA) collectively widened state powers over online content, surveillance, and ideological regulation. The new Film Censorship Board guidelines allow for greater scrutiny and control of creative expression.

Restrictions to exercise freedom of assembly persist. Out of 79 assemblies this year, nearly 40% were investigated - including two rallies that were critical of Prime Minister Anwar Ibrahim’s leadership. Investigations rose by nearly 50%, while arrests jumped over 60%, including the remand of minors and stateless youth. Delegitimisation of youth-led protests, especially in Sabah, highlighted entrenched paternalism and systemic disregard for student activism. In the first recorded incident since 2021, police manhandled protesters at the Walk of Justice, with no updates on complaints filed. 

In 2024, SUARAM assisted six foreign human rights defenders in navigating protection and relocation efforts. Three were successfully resettled in third countries, one voluntarily repatriated, one remains in Malaysia pending third-country resettlement, and another was deported after seven months of immigration detention.

Institutional oversight and governance reforms in 2024 saw a mix of progress and stalled efforts. The passing of the Audit Bill, which strengthens the Auditor-General’s independence, marks a significant step forward. However, the delayed tabling of the Ombudsman Bill and the reintroduction of the Parliamentary Services Act highlight the uneven pace of reforms. Controversial prosecutorial decisions, including high-profile acquittals and discharges due to prosecutorial errors, as well as the Pardons Board’s decision to halve Najib Razak’s sentence, further undermined public trust in the justice system.

The freedom of religion or belief landscape saw significant shifts in 2024, as blasphemy laws, far-right mobilisation, and boycotts over perceived religious insults intensified public discourse and deepened societal polarisation. Legislative efforts such as the proposed RUU355 amendments and the Mufti (Federal Territories) Bill sparked concerns over the expansion of Syariah law at the expense of civil liberties. Meanwhile, the GISBH case exposed systemic abuse under religious pretexts, casting a spotlight on the need for stronger protections against exploitation within religious institutions. 

Migrants and refugees in Malaysia continued to face systemic exclusion, exploitation, and rights violations in 2024. Despite Malaysia’s Tier 2 ranking in the U.S. Trafficking in Persons Report, enforcement gaps persist, particularly in job scams and supply chain exploitation. Domestic workers remain excluded from key labour protections that include minimum wage, weekly rest days and overtime compensation. Malaysia deported a domestic worker at the request of the Cambodian government for criticising its former Prime Minister - the first case of a migrant worker being deported for exercising freedom of expression since 2021.   

Systemic issues persist for the Orang Asli community, particularly regarding land rights and encroachments. Despite legal precedents affirming their customary land rights, communities continue to face displacement, such as in the Nenggiri Dam project, and confront challenges like inadequate compensation and lack of free, prior, and informed consent. While amendments to the Aboriginal Peoples Act (APA) are underway, limited consultation with the Orang Asli raises concerns about the inclusivity and effectiveness of these reforms.

Resentencing continued in 2024 following the abolition of the mandatory death penalty, resulting in a sharp drop in the death row population from 1275 to 140 — including a significant reduction in women on death row. The process, however, was rushed and offered limited avenues for applicants to present their full case, while the absence of written judgments left lawyers in the dark about the reasoning behind court decisions. Gaps also persist for juvenile offenders and individuals with mental health conditions, highlighting the need for further legal reform to ensure proportionality and justice.

During the fourth Universal Periodic Review (UPR) in January 2024, Malaysia received 348 recommendations. Whilst areas such as institutional reform and refugees and asylum seekers saw more progressive acceptance in recommendations, clear regressions were evident in civil and political rights, including right to fair trial, freedom of expression and freedom of assembly. The CEDAW review in May the same year spotlighted critical and longstanding gaps in gender equality, such as delays in the Gender Equality Act, non-retroactivity of recent citizenship amendments, systemic gender bias in Syariah family law, and limited protections for women with intersecting vulnerabilities across education, employment, and healthcare.

This report’s special feature spotlights the June 2024 demolition and eviction of the Bajau Laut community in Sabah’s Tun Sakaran Marine Park and follow-up developments, highlighting the complex interplay between national security, ecotourism development, and the Indigenous rights of a seafaring community long present across the waters of Malaysia, Indonesia, and the Philippines.