| MALAYSIA Malaysia Malaysia Joined United Nations: 17 September 1957 Human Rights as assured by their constitution Updated 05 March 2013 |
PART II - FUNDAMENTAL LIBERTIES
5
(1) No person shall be deprived of his life or personal liberty save in accordance with law.
(2) Where complaint is made to a High court or any judge thereof that a person is being unlawfully detained the court shall inquire into the
complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the court and release him.
(3) Where a person is arrested he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be
defended by a legal practitioner of his choice.
(4) Where a person is arrested and not released he shall without unreasonable delay, and in any case within twenty-four hours (excluding
the time of any necessary journey) be produced before a magistrate and shall not be further detained in custody without the magistrate's
authority:
Provided that this Clause shall not apply to the arrest or detention of any person under the existing law relating to restricted residence, and
all the provisions of this Clause shall be deemed to have been an integral part of this Article as from Merdeka Day.
(5) Clauses (3) and (4) do not apply to an enemy alien.
6
(1) No person shall be held in slavery.
(2) All forms of forced labour are prohibited, but Parliament may by law provide for compulsory service for national purposes.
(3) Work incidental to the serving of a sentence of imprisonment imposed by a court of law shall not be taken to be forced labour within
the meaning of this Article.
(4) Where by any written law the whole or any part of the functions of any public authority is to be carried on by another public
authority, for the purpose of enabling those functions to be performed the employees of the first mentioned public authority shall be
bound to serve the second mentioned public authority shall not be taken to be forced labour within the meaning of this Article, and no
such employee shall be entitled to demand any right from either the first mentioned or the second mentioned public authority by reason of
the transfer of his employment.
7
(1) No person shall be punished for an act or omission which was not punishable by law when it was done or made, and no person shall
suffer greater punishment for an offence than was prescribed by law at the time it was committed.
(2) A person who has been acquitted or convicted of an offence shall not be tried again for the same offence except where the conviction
or acquittal has been quashed and a retrial ordered by a court superior to that by which he was acquitted or convicted.
8
(1) All persons are equal before the law and entitled to the equal protection of the law.
(2) Except as expressly authorized by this Constitution, there shall be no discrimination against citizens on the ground only of religion,
race, descent or place of birth in any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of
any trade, business, profession, vocation or employment.
(3) There shall be no discrimination in favour of any person on the ground that he is a subject of the Ruler of the State.
(4) No public authority shall discriminate against any person on the ground that he is resident or carrying on business in any part of the
Federation outside the jurisdiction of the authority.
(5) This Article does not invalidate or prohibit -
(a) any provision regulating personal law;
(b) any provision or practice restricting office or employment connected with the affairs of any religion, or of an institution managed by a
group professing any religion, to persons professing that religion;
(c) any provision for the protection, wellbeing or advancement of the aboriginal peoples of the Malay Peninsula (including the reservation
of land) or the reservation to aborigines of a reasonable proportion of suitable positions in the public service;
(d) any provision prescribing residence in a State or part of a State as a qualification for election or appointment to any authority having
jurisdiction only in that State or part, or for voting in such an election;
(e) any provision of a Constitution of a State, being or corresponding to a provision in force immediately before Merdeka Day;
(f) any provision restricting enlistment in the Malay Regiment to Malays.
9
(1) No citizen shall be banished or excluded from the Federation.
(2) Subject to Clause (3) and to any law relating to the security of the Federation or any part thereof, public order, public health, or the
punishment of offenders, every citizen has the right to move freely throughout the Federation and to reside in any part thereof.
(3) So long as under this Constitution any other State is in a special position as compared with the States of Malaya, Parliament may by
law impose restrictions, as between that State and other States, on the rights conferred by Clause (2) in respect of movement and
residence.
10
(1) Subject to Clauses (2), (3) and (4) -
(a) every citizen has the right to freedom of speech and expression;
(b) all citizens have the right to assemble peaceably and without arms;
(c) all citizens have the right to form associations.
(2) Parliament may by law impose -
(a) on the rights conferred by paragraph (a) of Clause (1),such restrictions as it deems necessary or expedient in the interest of the
security of the Federation or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to
protect the privileges of Parliament or of any Legislative Assembly or to provide against contempt of court, defamation, or incitement to
any offence;
(b) on the right conferred by paragraph (b) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the
security of the Federation or any part thereof, or public order;
(c) on the right conferred by paragraph (c) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the
security of the Federation or any part thereof, public order or morality.
(3) Restrictions on the right to form associations conferred by paragraph (c) of Clause (1) may also be imposed by any law relating to
labour or education.
(4) In imposing restrictions in the interest of the security of the Federation or any part thereof or public order under Clause (2) (a),
Parliament may pass law prohibiting the questioning of any matter, right, status, position, privilege, sovereignty or prerogative established
or protected by the provisions of Part III, article 152, 153 or 181 otherwise than in relation to the implementation thereof as may be
specified in such law.
11
(1) Every person has the right to profess and practice his religion and, subject to Clause (4), to propagate it.
(2) No person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in part for the purposes of a
religion other than his own.
(3) Every religious group has the right -
(a) to manage its own religious affairs;
(b) to establish and maintain institutions for religious or charitable purposes; and
(c) to acquire and own property and hold and administer it in accordance with law.
(4) State law and in respect of the Federal Territories of Kuala Lumpur and Lubuan, federal law may control or restrict the propagation of
any religious doctrine or belief among persons professing the religion of Islam.
(5) This Article does not authorize any act contrary to any general law relating to public order, public health or morality.
12
(1) Without prejudice to the generality of Article 8, there shall be no discrimination against any citizen on the grounds only of religion,
race, descent or place of birth -
(a) in the administration of any educational institution maintained by a public authority, and, in particular, the admission of pupils or
students or the payment of fees; or
(b) in providing out of the funds of a public authority financial aid for the maintenance or education of pupils or students in any
educational institution (whether or not maintained by a public authority and whether within or outside the Federation).
(2) Every religious group has the right to establish and maintain institutions for the education of children in its own religion, and there shall
be no discrimination on the ground only of religion in any law relating to such institutions or in the administration of any such law; but it
shall be lawful for the Federation or a State to establish or maintain or assist in establishing or maintaining Islamic institutions or provide
or assist in providing instruction in the religion of Islam and incur such expenditure as may be necessary for the purpose.
(3) No person shall be required to receive instruction in or take part in any ceremony or act of worship of a religion other than his own.
(4) For the purposes of Clause (3) the religion of a person under the age of eighteen years shall be decided by his parent or guardian.
13
(1) No person shall be deprived of property save in accordance with law.
(2) No law shall provide for the compulsory acquisition or use of property without adequate compensation.
5
(1) No person shall be deprived of his life or personal liberty save in accordance with law.
(2) Where complaint is made to a High court or any judge thereof that a person is being unlawfully detained the court shall inquire into the
complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the court and release him.
(3) Where a person is arrested he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be
defended by a legal practitioner of his choice.
(4) Where a person is arrested and not released he shall without unreasonable delay, and in any case within twenty-four hours (excluding
the time of any necessary journey) be produced before a magistrate and shall not be further detained in custody without the magistrate's
authority:
Provided that this Clause shall not apply to the arrest or detention of any person under the existing law relating to restricted residence, and
all the provisions of this Clause shall be deemed to have been an integral part of this Article as from Merdeka Day.
(5) Clauses (3) and (4) do not apply to an enemy alien.
6
(1) No person shall be held in slavery.
(2) All forms of forced labour are prohibited, but Parliament may by law provide for compulsory service for national purposes.
(3) Work incidental to the serving of a sentence of imprisonment imposed by a court of law shall not be taken to be forced labour within
the meaning of this Article.
(4) Where by any written law the whole or any part of the functions of any public authority is to be carried on by another public
authority, for the purpose of enabling those functions to be performed the employees of the first mentioned public authority shall be
bound to serve the second mentioned public authority shall not be taken to be forced labour within the meaning of this Article, and no
such employee shall be entitled to demand any right from either the first mentioned or the second mentioned public authority by reason of
the transfer of his employment.
7
(1) No person shall be punished for an act or omission which was not punishable by law when it was done or made, and no person shall
suffer greater punishment for an offence than was prescribed by law at the time it was committed.
(2) A person who has been acquitted or convicted of an offence shall not be tried again for the same offence except where the conviction
or acquittal has been quashed and a retrial ordered by a court superior to that by which he was acquitted or convicted.
8
(1) All persons are equal before the law and entitled to the equal protection of the law.
(2) Except as expressly authorized by this Constitution, there shall be no discrimination against citizens on the ground only of religion,
race, descent or place of birth in any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of
any trade, business, profession, vocation or employment.
(3) There shall be no discrimination in favour of any person on the ground that he is a subject of the Ruler of the State.
(4) No public authority shall discriminate against any person on the ground that he is resident or carrying on business in any part of the
Federation outside the jurisdiction of the authority.
(5) This Article does not invalidate or prohibit -
(a) any provision regulating personal law;
(b) any provision or practice restricting office or employment connected with the affairs of any religion, or of an institution managed by a
group professing any religion, to persons professing that religion;
(c) any provision for the protection, wellbeing or advancement of the aboriginal peoples of the Malay Peninsula (including the reservation
of land) or the reservation to aborigines of a reasonable proportion of suitable positions in the public service;
(d) any provision prescribing residence in a State or part of a State as a qualification for election or appointment to any authority having
jurisdiction only in that State or part, or for voting in such an election;
(e) any provision of a Constitution of a State, being or corresponding to a provision in force immediately before Merdeka Day;
(f) any provision restricting enlistment in the Malay Regiment to Malays.
9
(1) No citizen shall be banished or excluded from the Federation.
(2) Subject to Clause (3) and to any law relating to the security of the Federation or any part thereof, public order, public health, or the
punishment of offenders, every citizen has the right to move freely throughout the Federation and to reside in any part thereof.
(3) So long as under this Constitution any other State is in a special position as compared with the States of Malaya, Parliament may by
law impose restrictions, as between that State and other States, on the rights conferred by Clause (2) in respect of movement and
residence.
10
(1) Subject to Clauses (2), (3) and (4) -
(a) every citizen has the right to freedom of speech and expression;
(b) all citizens have the right to assemble peaceably and without arms;
(c) all citizens have the right to form associations.
(2) Parliament may by law impose -
(a) on the rights conferred by paragraph (a) of Clause (1),such restrictions as it deems necessary or expedient in the interest of the
security of the Federation or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to
protect the privileges of Parliament or of any Legislative Assembly or to provide against contempt of court, defamation, or incitement to
any offence;
(b) on the right conferred by paragraph (b) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the
security of the Federation or any part thereof, or public order;
(c) on the right conferred by paragraph (c) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the
security of the Federation or any part thereof, public order or morality.
(3) Restrictions on the right to form associations conferred by paragraph (c) of Clause (1) may also be imposed by any law relating to
labour or education.
(4) In imposing restrictions in the interest of the security of the Federation or any part thereof or public order under Clause (2) (a),
Parliament may pass law prohibiting the questioning of any matter, right, status, position, privilege, sovereignty or prerogative established
or protected by the provisions of Part III, article 152, 153 or 181 otherwise than in relation to the implementation thereof as may be
specified in such law.
11
(1) Every person has the right to profess and practice his religion and, subject to Clause (4), to propagate it.
(2) No person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in part for the purposes of a
religion other than his own.
(3) Every religious group has the right -
(a) to manage its own religious affairs;
(b) to establish and maintain institutions for religious or charitable purposes; and
(c) to acquire and own property and hold and administer it in accordance with law.
(4) State law and in respect of the Federal Territories of Kuala Lumpur and Lubuan, federal law may control or restrict the propagation of
any religious doctrine or belief among persons professing the religion of Islam.
(5) This Article does not authorize any act contrary to any general law relating to public order, public health or morality.
12
(1) Without prejudice to the generality of Article 8, there shall be no discrimination against any citizen on the grounds only of religion,
race, descent or place of birth -
(a) in the administration of any educational institution maintained by a public authority, and, in particular, the admission of pupils or
students or the payment of fees; or
(b) in providing out of the funds of a public authority financial aid for the maintenance or education of pupils or students in any
educational institution (whether or not maintained by a public authority and whether within or outside the Federation).
(2) Every religious group has the right to establish and maintain institutions for the education of children in its own religion, and there shall
be no discrimination on the ground only of religion in any law relating to such institutions or in the administration of any such law; but it
shall be lawful for the Federation or a State to establish or maintain or assist in establishing or maintaining Islamic institutions or provide
or assist in providing instruction in the religion of Islam and incur such expenditure as may be necessary for the purpose.
(3) No person shall be required to receive instruction in or take part in any ceremony or act of worship of a religion other than his own.
(4) For the purposes of Clause (3) the religion of a person under the age of eighteen years shall be decided by his parent or guardian.
13
(1) No person shall be deprived of property save in accordance with law.
(2) No law shall provide for the compulsory acquisition or use of property without adequate compensation.
Human history in the Malaysian archipelago dates back approximately 200,000 years most
likely African emigres whose descendants can still be found in the hills of Malaysia. These
were followed by proto-Malay seafarers 35,000 years ago followed by other Negritos,
Egyptians, peoples of the Middle East, Javanese and Chinese who arrived around 500 BCE.
Indians arrived around 200 BCE introducing Buddhism and Hinduism and dominating the
region until around the 10th Century until war with that Javanese and the spread of Islam
weakened the grip of the maharajahs. Siam asserted dominion over the region starting in the
13th Century and the establishment of the Islamic Melaka Kingdom in the 14th Century. The
Portuguese discovered Malaysia in 1498 and conquered it in 1511 followed by the Dutch in
1641. English influence took root as early as the late 17th Century and solidified with the
Anglo-Dutch Treaties of 1824 and 1891 (which created the present-day Malaysian borders)
and the collapse of the Kingdom of Siam in 1909 and the creation of a British Crown
Protectorate in 1910. Japan occupied Malaysia in 1942 and reclaimed by Britain in 1945.
Conflict with communist Malay elements led to the establishment of a State of Emergency in
1946 and ultimately independence on 16 September 1963. The present constitution was
adopted on 31 August 1957. It has been amended many times, most recently in 2007.
Human rights are enumerated beginning with Part Two (Fundamental Liberties), conform
with the 1948 Universal Declaration of Human Rights of which Malaysia is a signatory and
are detailed below. For a full English translation of Malaysia's Constitution, click here.
likely African emigres whose descendants can still be found in the hills of Malaysia. These
were followed by proto-Malay seafarers 35,000 years ago followed by other Negritos,
Egyptians, peoples of the Middle East, Javanese and Chinese who arrived around 500 BCE.
Indians arrived around 200 BCE introducing Buddhism and Hinduism and dominating the
region until around the 10th Century until war with that Javanese and the spread of Islam
weakened the grip of the maharajahs. Siam asserted dominion over the region starting in the
13th Century and the establishment of the Islamic Melaka Kingdom in the 14th Century. The
Portuguese discovered Malaysia in 1498 and conquered it in 1511 followed by the Dutch in
1641. English influence took root as early as the late 17th Century and solidified with the
Anglo-Dutch Treaties of 1824 and 1891 (which created the present-day Malaysian borders)
and the collapse of the Kingdom of Siam in 1909 and the creation of a British Crown
Protectorate in 1910. Japan occupied Malaysia in 1942 and reclaimed by Britain in 1945.
Conflict with communist Malay elements led to the establishment of a State of Emergency in
1946 and ultimately independence on 16 September 1963. The present constitution was
adopted on 31 August 1957. It has been amended many times, most recently in 2007.
Human rights are enumerated beginning with Part Two (Fundamental Liberties), conform
with the 1948 Universal Declaration of Human Rights of which Malaysia is a signatory and
are detailed below. For a full English translation of Malaysia's Constitution, click here.