A/HRC/32/36/Add.3
Observations
Responses to communications
328. The Special Rapporteur thanks the Government of Malaysia for its response to his
communication of 18 August 2015 (MYS 3/2015), but regrets that he has not yet received a
response to his other communication sent during the reporting period (MYS 4/2015). He
reminds the Government that he considers responses to his communications as an important
part of the cooperation of governments with his mandate. He looks forward to receiving
detailed responses to the questions raised in this letter, at the earliest possible convenience,
in conformity with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21
(2010).
329. The Special Rapporteur reiterates his serious concern about the apparent crackdown
on independent voices in the media, including the blocking of access to material on the
Internet, as well as about the use of the Sedition Act of 1948 to arrest, detain and charge
human rights activists for exercising their rights to freedom of expression and freedom of
peaceful assembly, promoting human rights and accountability in Malaysia.
330. He further reiterates his concern about the charges against Ms. Abdullah which he
believes are related to her human rights activism and her exercise of the right to
fundamental freedoms of expression, peaceful assembly and association.
331. He remains concerns at the continued targeting of members of BERSIH 2.0 despite
previous appeals from various mandate-holders of the United Nations Special Procedures to
your Excellency’s Government to ensure protection and promotion of the rights of the
coalition and its members.
332. In this regard, he wishes to refer to the joint report on the proper management of
assemblies he prepared with the Special Rapporteur on extrajudicial, summary or arbitrary
executions (A/HRC/31/66), which is highly relevant to the situation in the country.
333. He also reminds the Government of its positive obligation to ensure that civil
society, including human rights defenders, can carry out their legitimate work free in a safe
and enabling environment without fear of threats or acts of intimidation and harassment of
any sort.
Country visit
334. The Special Rapporteur reminds the Government of his pending requests to visit
Malaysia, as indicated by his letters on 23 September 2011 and 30 October 2013. He trusts
that such a visit would allow him to examine first-hand issues related to his mandate,
identify good practices and formulate pertinent recommendations to relevant stakeholders.
He looks forward to receiving a positive reply at the earliest possible opportunity. He
reiterates that Human Rights Council resolution 15/21, which established his mandate, and
24/5, which renewed it for an additional period of three years, both call on States to
consider his requests for visits favourably.
Myanmar
335. JUA 06/03/2015. Case no. MMR 2/2015. State reply: 15/05/2015. Alleged peaceful
assembly of more than 300 security personnel near Aung Myay Bateman monastery, near
to Letpadan in northern Yangon Region on 3 March 2015 in response to approximately 150
students peacefully protesting for amendments to the National Education law.
336. JUA 07/04/2015. Case no. MMR 3/2015. State reply: None. Alleged arbitrary
detention of peaceful protestors against electricity hikes as well as alleged bystanders.
51
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