Malaysia - 55.14

86

First world economically, third world socially

Malaysia’s economy is stronger than France, Croatia, or Japan. Malays are healthier than Romanians, Hungarians, or Moldovans. Malaysia is less corrupt than Costa Rica, Slovenia, or Czechia. All of these are the metrics of a first-world country. Malaysia’s economy, in particular, is highly diversified and very strong. Few Malays live in poverty and the economy is one of the fastest growing of any developed nation on Earth. However, there is a reason why Malaysia did not score comparably to these previously mentioned countries. Malaysia was outscored in human rights by Kyrgyzstan, Kenya, and Bolivia. Malaysia is less free than Mali and passed the democracy category by the skin of its teeth. Malaysia is a nation under Sharia law and while a number of its aspects are not enforced, Malaysia remains a highly repressive society. The government has a number of worrying provisions that allow for the preemptive arrest of dissenters simply due to their suspected connection to groups on largely arbitrary watchlists. Media censorship is extremely common in Malaysia. Progress on societal fronts has been significantly slower than on economic ones. For every repressive law repealed, another is passed. While Malays can reap the benefits of one of the world’s strongest economies, they pay the price every day they live in a socially and culturally repressive system.

Human Rights - 31

Malaysia retains the death penalty and carried out its last execution in 2016. Malay authorities have been accused on a few occasions of arbitrarily executing prisoners and detainees. These reports were infrequent but never investigated and Malay authorities also never disclosed the circumstances of these deaths. Additionally, they were often not reported to coroners. Malaysia has no law that expressly outlaws torture. Laws that prohibit “committing grievous hurt” generally encompass torture and there are few reports of torture in custody. Corporal punishment remains legal in Malaysia. Over sixty offenses are punishable by caning. Men older than fifty (unless convicted of rape) and women and boys under ten are exempt from caning regardless of conviction. Boys ages ten to eighteen are subject to no more than ten lashings with a “light cane” and cannot be caned in public. Muslims may be prosecuted for certain crimes under Sharia law. Women are not exempt from caning under Sharia law. While this provision is unconstitutional and has never been leveraged this constitutional question has also never been resolved. Rohingya refugees entering from Burma were placed in quarantine centers with poor conditions. They lacked adequate access to sanitation facilities or medicine and also lacked adequate social distancing measures, fostering the spread of COVID in the camps. The government failed to respond to COVID outbreaks in prison populations. Some prisons reported infection rates above 60% and many prisons had inadequate responses, thus seeing high death rates. Few prisons released first-time or light offenders to reduce populations. The government retains certain provisions that allow them to pre-emptively arrest people with suspected connections to banned groups. Detainees can be held for two-year terms, renewable indefinitely, without charge or trial. Detainees must be placed before a state prosecutor within forty-eight hours of detention who determines if “sufficient evidence exists to justify” their detention. Detainees can be released with restrictions on their place of residence, travel, or internet access for ten years. Approximately one thousand Malays are currently detained without charge or trial under these security laws. Additionally, detainees can be held in “investigative custody” for up to twenty-four hours without charge in connection with an ongoing investigation. Reports of police releasing and immediately re-arresting people to extend the “investigative custody” period. The government used “investigative custody” to detain, harass, and intimidate journalists. Journalists with connections to other journalists under investigation for sedition are often held in “investigative custody” and are often subject to other forms of arbitrary arrest. Student activist Won Yan Ke was placed in temporary detention for “obstructing police from carrying out their duties.” Wong livestreamed police raiding the home of a Universiti Malaya student in connection with a sedition investigation. Sharia police can enter the homes of Muslims suspected of crimes under Sharia law without a warrant. Freedom of expression is subject to restriction “in the interest of the security of the Federation and maintenance of public order.” The government has curtailed freedom of expression to “uphold Islam,” “uphold the special status of ethnic Malays,” “protect national security,” and “maintain public order.” Malaysia has very strict hate speech laws. Racist or Islamophobic remarks and criticism of the King or Sultans can result in lengthy jail sentences. The government can censor any news publication at its own discretion and often censors news publications it deemed threatening to Islam, ethnic Malays, or national security. Criticism of the Malaysian government is often punishable by arbitrary arrest without charge. Ethnic Malays have special status under Malaysian law and Malaysia has been called an ethnocracy. Homosexuality is punishable by caning and vigilante beatings and canings are also tolerated. Abortion is legal to preserve the physical and mental health of the woman. Malaysia received a five-point penalty for homosexuality being punishable by corporal punishment.

Democracy - 53

Malaysia is a constitutional monarchy, limiting its score to 95. Malaysia is currently governed by an unelected interim. The ruling coalition collapsed with the resignation of Prime Minister Muhyiddin in August 2021. A new coalition was formed consisting of parties from the old coalition and the United Malays National Organization (UMNO). Under normal circumstances, the prime minister is formally appointed by the Yang di-Pertuan Agong but is functionally elected by the lower house of parliament. The Yang di-Pertuan Agong holds little formal power but exerts some influence over the government. The Yang di-Pertuan Agong is elected by and from the hereditary rulers of nine out of Malaysia’s thirteen states for five-year terms without term limits. The approval of the Yang di-Pertuan Agong greatly improves the electability of a given candidate. Parliament is directly elected. The Barisan Nasional Coalition ruled Malaysia from independence until 2018, but the Malaysian United Indigenous Party (PPBM) came to power after the 2018 election. The 2021 political crisis led to the collapse of the PPBM-led coalition after the withdrawal of the UMNO. The New UMNO-led coalition includes several parties from Barisan Nasional. Elections are somewhat free and fair. No elections were recorded in the vote collection and counting process and elections have never been rigged. Despite this, districting heavily favors Barisan Nasional and electoral laws favor the incumbent. Business elites exert significant sway over politics. Barisan Nasional took an outright Malay Nationalist stance. Non-Muslims were often disenfranchised and some minor discrimination occurs against the political participation of ethnic Chinese and Indians. Malaysia received a five-point penalty for its status as a democratic system under the control of an unelected interim.

Freedom - 23

The government retains certain provisions that allow them to pre-emptively arrest people with suspected connections to banned groups. Detainees can be held for two-year terms, renewable indefinitely, without charge or trial. Detainees must be placed before a state prosecutor within forty-eight hours of detention who determines if “sufficient evidence exists to justify” their detention. Detainees can be released with restrictions on their place of residence, travel, or internet access for ten years. Approximately one thousand Malays are currently detained without charge or trial under these security laws. Additionally, detainees can be held in “investigative custody” for up to twenty-four hours without charge in connection with an ongoing investigation. Reports of police releasing and immediately re-arresting people to extend the “investigative custody” period. The government used “investigative custody” to detain, harass, and intimidate journalists. Journalists with connections to other journalists under investigation for sedition are often held in “investigative custody” and are often subject to other forms of arbitrary arrest. Student activist Won Yan Ke was placed in temporary detention for “obstructing police from carrying out their duties.” Wong livestreamed police raiding the home of a Universiti Malaya student in connection with a sedition investigation. Sharia police can enter the homes of Muslims suspected of crimes under Sharia law without a warrant. Freedom of expression is subject to restriction “in the interest of the security of the Federation and maintenance of public order.” The government has curtailed freedom of expression to “uphold Islam,” “uphold the special status of ethnic Malays,” “protect national security,” and “maintain public order.” Malaysia has very strict hate speech laws. Racist or Islamophobic remarks and criticism of the King or Sultans can result in lengthy jail sentences. The government can censor any news publication at its own discretion and often censors news publications it deemed threatening to Islam, ethnic Malays, or national security. Criticism of the Malaysian government is often punishable by arbitrary arrest without charge. The Film Censorship Board of Malaysia has banned the release of dozens of movies This included the likes of Beauty and the Beast (2017) (homosexual references), Monty Python (blasphemous content), and Barney’s Great Adventure (Unsuitable for Children). Other films were subjected to censored release. PPBM and UMNO-led coalitions repealed a number of Barisan Nasional-era laws restricting freedom of expression, notably including the 2018 Anti-Fake News Act. The Malaysian Communication and Multimedia Commission (MCMC) can order the removal of any material deemed “provocative or subversive.” Apostasy is illegal in Malaysia. All ethnic Malays are legally considered Muslims and cannot renounce their faith. Non-ethnic Malays can practice other religions but are subject to some discrimination. The government has several unenforced laws on sedition and blasphemy. Despite this, Malays are generally free to speak their minds, and the government generally only regulated published media. Authorities must be notified seven days before any protest or assembly. Protests cannot be organized by anyone under the age of twenty-one and minors and noncitizens cannot participate for any reason. Illegal drug use carries an unenforced mandatory death penalty. The death penalty can be commuted by a judge, which has happened in every case for several years. Despite this, marijuana is legal for medicinal use. Firearm licenses are generally difficult to obtain in Malaysia. Semi-automatic rifles and handguns remain illegal even with a firearm license. Malaysia received a five-point penalty for an unenforced mandatory death penalty for drug trafficking.

Economy - 92

Health - 81

Malaysia has a live expectancy of 76 years and an infant mortality rate of 0.73%. 15.6% of Malays are obese and 3.2% are malnourished. Malaysia’s universal healthcare system provides all citizens and permanent residents with high-quality care. 87.3% of Malays have access to clean, running water.

Corruption - 70

The Malaysian judicial system is subject to political pressure but is not necessarily corrupt. Public services often must be bribed into action. Burmese and Thai borders are subject to some corruption as smuggling is common and migrants are sometimes extorted. Public contracts are impossible to obtain without corruption as government officials and their cronies exert near absolute top-down control over most major industries in Malaysia.

Competency - 74

While Malaysia’s political crisis is still fresh, the country’s semi-democracy has held strong through it and opposition groups have not allowed Barisan Nasional to return to power. The government failed to control the economy during COVID, sparking outrage from the people.

Future - 63

Malaysian democracy took a major step forward in 2018. While the 2021 political crisis is certainly concerning, the opposition still controls the government and a genuine multiparty democracy in Malaysia seems increasingly likely. The Malaysian economy took a major hit in 2020. It was growing rapidly before the pandemic and will likely recover soon. Social reform has moved at a snail’s pace in Malaysia and it seems likely that it will continue to do so.

Actions Abroad - 58

Malaysia is a member of ASEAN, the Organization of Islamic Cooperation, and the Non-Aligned Movement. Malaysia stakes claim to the disputed Spratly Islands in the South China Sea. The Spratly Islands come with an associated EEZ, which is also in conflict. Malaysia’s claims conflict with Brunei, China, the Philippines, Taiwan, and Viet Nam. These islands are not under the de facto control of any country. Malaysia stakes claim to a part of the Celebes Sea also claimed by Indonesia, though this claim is largely resolved. Malaysia has repeatedly come into conflict with Singapore over funding for joint projects, namely the Singapore Causeway. These conflicts are largely resolved. Despite only recognizing China, Malaysia maintains strong unofficial relations with Taiwan. Malaysia maintains relatively strong relations with North Korea and Malays can visit the DPRK visa-free. Beyond this, Malaysia is generally isolationist and maintains good relations with most nations.

No Malays live below the international poverty line and 0.4% live below the national poverty line. 4.7% of Malays are unemployed. Malaysia has a low economic disparity. The minimum wage in Malaysia is $289 per month. Malaysia has a very strong universal healthcare system covering all citizens and permanent residents. Healthcare is of consistently high quality throughout the country. The Malaysian economy shrunk 5.6% in 2020 and grew 4.3% in 2020.