ARTICLE 19 is alarmed by the recent proliferation of ‘hate speech’ and discrimination targeting Rohingya refugees in Malaysia. We urge the government to act immediately to condemn the recent proliferation of ‘hate speech’ and violent threats against Rohingya refugees and ensure that the current situation does not escalate further or lead to discriminatory acts or physical attacks against members of the community.
Background
The latest wave of hostility comes amidst the wide circulation of online disinformation and ‘hate speech’, including allegations that Rohingya refugees are demanding land and special rights using an account purporting to represent the Rohingya Solidarity Network Malaysia, as well as a fabricated poster claiming that that an individual going by the name of ‘President of Rohingya Malaysia’ is demanding the town of Selayang is used to serve the Rohingya community.
Other developments have exacerbated the situation, including a Aidiladha cattle sacrifice that led residents to question how members of the Rohingya community could afford the cattle and whether they had the necessary permits to carry out the slaughter. Separately, on 29 May, an online petition was launched, calling on the Malaysian Prime Minister to remove Rohingya from the country – an initiative that amassed over 400,000 signatures before the page was suspended and put under review after multiple reports had been flagged.
These incidents have resulted in a worrying surge in anti-Rohingya sentiment, which has manifested in the doxing of Rohingya activist and President of the Myanmar Ethnic Rohingya Human Rights Organisation in Malaysia (MERHROM) and potentially life threatening and inciting violence comments on social media platforms. In response to this alarming situation, the Human Rights Commission of Malaysia (SUHAKAM) issued a statement on 3 June to condemn the escalation of hateful rhetoric, only to be met with a vitriolic public backlash, including one calling for the body’s dissolution.
The current hostility bears a striking resemblance to events in 2020 during the Covid-19 pandemic. At that time, a surge of threats of violence and ‘hate speech’ targeted the Rohingya community under the misconception that they were demanding citizenship or other legal rights in Malaysia.
Obligation to address ‘hate speech’ against Rohingya
Although Malaysia has not ratified core human rights treaties such as the International Covenant on Civil and Political Rights (ICCPR), the human rights guarantees in the Constitution of Malaysia allow wide scope for interpretation. Given the fundamental importance of human rights, and their recognition in the Malaysian Constitution, it is of the utmost importance that every effort be made to ensure that Malaysian laws are interpreted, to the extent possible, in a manner that respects human rights.
International human rights law protects the right to freedom of expression, though the right is not absolute. Freedom of expression may be restricted in order to advance a legitimate state interest when restrictions are lawful, necessary and proportionate, as set out in Article 19(3) of the ICCPR. ‘Hate speech’ includes language that, while offensive, is protected by the right to freedom of expression. However, threats of violence against individuals – such as death threats received by Rohingya activists and their supporters – may be restricted in line with the legitimate state interest in protecting the rights of others, including the rights to security of person, equality, non-discrimination, and life.
Further, Article 20(2) of the ICCPR requires the prohibition of any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence. The Rabat Plan of Action provides practical legal and policy guidance to states on implementing Article 20(2) of the ICCPR, which requires states ‘to prohibit advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence’. These international standards provide the Malaysia government guidance on measures that states can take to combat ‘hate speech’, violent threats, and incitement.
Malaysia’s Penal Code contains provisions aimed at protecting individuals from violence and threats of violence. These provisions may provide a legal basis for the investigation or prosecution of individuals who are inciting or threatening violence against the Rohingya. The application of civil or administrative law, or other policy measures, offer further avenues for addressing discrimination. It is imperative that these measures are implemented without discrimination or bias and are consistent with international human rights standards relating to freedom of expression – in particular, restrictions on speech to protect the rights of the Rohingya must be lawful, necessary, and proportionate to that aim.
Recommendations
Prohibitions of incitement to discrimination, hostility or violence are insufficient to combat intolerance and discrimination. UN Human Rights Council Resolution 16/18 sets out an action plan for states to address intolerance, stigmatisation, discrimination, and incitement to violence. The Rabat Plan of Action also suggests actions that states may take to address intolerance beyond merely penalising incitement. Policy measures these standard-setting documents recommend include education and awareness-raising, protecting media freedom and diversity, passing equality legislation, promoting community engagement on the causes of discrimination, building networks and mechanisms to respond to tension between communities, and training government officials on effective strategies to promote tolerance.
While we recognise the important role Malaysia has played in hosting refugees, we are deeply concerned over the government’s inaction, which could have serious consequences for a community already highly marginalised. Such behaviour legitimises the long-standing discrimination the Rohingya face and increases existing risks of harassment. As such, we urge the government:
- To speak out in support of the rights of Rohingya refugees, emphasising their status as refugees fleeing persecution and human rights violations, and unequivocally condemning ‘hate speech’, intolerance, and discrimination directed at the Rohingya community.
- To challenge false or discriminatory narratives and highlight the government’s commitment to uphold the human rights of the Rohingya.
- To ensure threats and other human rights abuses against the Rohingya and their supporters are investigated, and perpetrators are held accountable. Investigation and prosecutions should be conducted without discrimination or bias and in a manner that is consistent with international human rights standards.
- To create an enabling environment for the right to freedom of expression and equality in Malaysia, including by passing comprehensive anti-discrimination legislation in line with international human rights standards.
- To implement positive policy measures to promote equality, non-discrimination, and inter-cultural understanding in line with Human Rights Council Resolution 16/18 and the Rabat Plan of Action.
- To ratify the ICCPR, the International Convention on the Elimination of All Forms of Racial Discrimination, and the Convention Relating to the Status of Refugees and its 1967 Protocol.
Finally, we also urge all public figures to refrain from engaging in ‘hate speech’ and instead promptly speak out against intolerance and discrimination against Rohingya refugees. As people of influence, they have the responsibility to counter ‘hate speech’, as any missteps from them could lead to violence and hate crimes.
As Malaysia aspires to return to the UN Human Rights Council for the 2030-2032 term, it is ever more crucial that the government takes meaningful steps to proactively counter ‘hate speech’ in line with international standards and create an enabling environment for the right to freedom of expression and equality in Malaysia.