Hindu American Foundation - Malaysia Protest Summary (A must read!)

• The Hindu minority (7%) suffers from economic, social and educational discrimination,
  while the majority Malaysian Muslims benefit from an affirmative-action policy.

• Hindus and other minorities face increasing religious discrimination, as Islamisation has
  grown in recent years. Although Malaysia has a parallel court system: secular courts for
  non-Muslims and Sharia courts for Muslims, Hindus and other minorities have, at times,
  been forced to deal with the Islamic courts, where they have faced severe
  disadvantages. Furthermore, Hindus have been denied the right to conduct their funeral
  rites in accordance with Hindu practices, and in one case, lost custody of their child. In
  another case, a Hindu mother, Subashini Rajasingam, lost an appeal to prevent her
  husband, a recent Muslim convert, from changing their 4-yr old son’s religion to Islam.
  The highest court in Malaysia affirmed the ruling of a lower federal court, which granted
  the Muslim husband a right to use the Islamic Sharia courts to seek a divorce, and also
  upheld his right to convert their child to Islam without the mother’s consent. As a result,
  the Hindu mother may lose legal custody over her child, since Malaysia’s Islamic courts
  will not give custody of a Muslim child to a non-Muslim parent.

• A number of Hindu Temples have been demolished by government authorities, including
  the 100-yr old Maha Mariamman Hindu Temple. According to the Asian Human Rights
  Commission (AHRC), thousands of Hindu Temples have been destroyed over the last 15
  years. Moreover, in contrast to Hindu temples, mosque properties receive favorable
  treatment and public funds.

Summary of Recent Events

• A peaceful protest of approximately 10,000 Hindus took place on November 25.
  However, Malaysian authorities used tear gas, chemical laced water cannons and baton
  charges to break up the rally; hundreds of protesters were beaten and arrested including
  several hundred gathered at the Batu Caves temple complex.

• Prior to the protests, three leaders of a Hindu NGO, Hindu Rights Action Force (Hindraf),
  were arrested and charged with “sedition;” Malaysian authorities used repressive tactics
  to try and prevent the protest, including placing Kuala Lumpur on virtual lockdown. The
  leaders of Hindraf were later released after a court dismissed the sedition charges on
  technical grounds.

• Hindus organized the protest for the following reasons:
  - Submit a petition to the British High Commissioner regarding a lawsuit filed
  against the British government for bringing Hindus to Malaysia as indentured
  laborers and failing to protect their rights in the Malaysian Constitution
  - Bring attention to the economic and social plight of Hindus in Malaysia
  - Protest the demolition and destruction of Hindu Temples

• Following the protests, Malaysian Prime Minister Abdullah Badawi threatened to use the
  draconian Internal Security Act (ISA), which allows indefinite detention without trial, to
  repress protests and demonstrations. The Prime Minister’s threats were strongly
  criticized by Malaysian human rights groups and lawyers.

• The dreaded ISA has been used since 1960 as an instrument of oppression and a means
  to stifle free speech and political opposition to the government. Under the Act, persons
  suspected of threatening national security may be arrested and detained indefinitely
  without charges or trial. According to Human Rights Watch, the ISA’s “provisions violate
  fundamental international human rights standards, including prohibitions on arbitrary
  detention, guarantees of the right to due process, and the right to a prompt and impartial
  trial.” Due its vague language, the Act has been employed to arrest and detain
  thousands of Malaysian citizens since 1960. Furthermore, persons held in custody under
  the ISA have frequently been subjected to physical and mental abuse.

• V Ganapathy Rao, one of the leaders of Hindraf arrested prior to the protests on
  “sedition” charges and later released, was re-arrested on November 29th. At least 80
  other Hindu activists were charged with illegal assembly for their participation in the
  peaceful protests. On Decermber 4th, thirty-one other demonstrators were re-arrested
  and charged with attempted murder by the Malaysian government.

• Mr. Waytha Moorthy, the main leader of Hindraf, is in the UK under a self- imposed exile
  as he would almost certainly be arrested in Malaysia.

• On December 13th, 5 Hindraf leaders were arrested under the Internal Security Act (ISA),
  for allegedly “carrying out activities that threatened national security.” The arrested
  Hindraf leaders included P Uthayakumar, M Manoharan, R Kenghadharan, V
  Ganabatirau, and T Vasantha Kumar. Immediately following the arrests, they were
  moved to the Kamunting detention center in Taiping, Perak, where they can be detained
  for 2 years without any investigation or trial. Malaysian human rights groups, lawyers,
  and opposition leader Lim Kit Siang condemned the arrests and strongly criticized the
  use of the ISA to target and repress Hindu/Indian leaders and activists.

• The Malaysian government dropped attempted murder charges against the thirty-one
  Hindraf activists arrested on December 4th, however, twenty-six of them are still facing
  charges for “illegal assembly” and “causing mischief.” Furthermore, the 5 Hindraf
  leaders arrested and detained on December 13th under the ISA have yet to be
  released.

• Malaysian police indicated that they will seek the assistance of Interpol and Europol to
  monitor the activities of Hindraf. The motives behind such a move are highly questionable, however, as this announcement from Malaysian authorities coincided with reports of Hindraf leader, P Waytha Moorthy seeking international support for the marginalized Hindu community.

• 66 Hindus, including N Gobalakrishnan, member of the opposition Parti Keadilan Rakyat
  (PKR), are scheduled to be tried by a Malaysian court for their prior participation in a protest rally outside the Batu Caves temple complex on November 25, 2007. The 66 Hindus face charges of “unlawful assembly” and “causing mischief.”

• The Malaysian government is also suppressing freedom of expression by banning
  “policewatchmalaysia” (http://www.policewatchmalaysia.com), the official website used
  by Hindraf.

What Needs to be Done

• Pressure the Malaysian government to protect the human rights of its Hindu minority
• Release all arrested protesters
• Allow Hindus and all minorities to peacefully protest and fully exercise their democratic rights
• Stop the destruction of Hindu temples and treat all places of worship equally
• The US Government must abandon the proposed Free-Trade Agreement (FTA) with
  Malaysia, unless the Malaysian Government drops it ethno-religious affirmative action
  policy, which favors the majority Muslim Malays. The FTA as currently constituted would
  require both foreign and domestic (non-manufacturing) investors to take on ethnic Malay
  partners (who would hold a minimum 30% of share capital). As a result, conclusion of
  the FTA with Malaysia would further the uneven distribution of wealth, thereby leaving the
  Indian Hindu minority at an increased economic disadvantage.

Why the US Needs to Act Immediately

• It is in America’s strategic interests that democracy and human rights are protected and
  promoted in Malaysia, so it can serve as a model in the Muslim world.

• Prevent the situation from further deteriorating.
• In addition to Hindus, the human rights of other minorities are also at risk.

You may view/download the PDF version of this summary here