source: http://www.hinduamericanfoundation.org/pdf/HHR2006.pdf (7MB)

note that information to the foundation was provided by Hindu Rights Action Force (HindRAF)

Malaysia: Pg 49-52 and 162-167

Introduction

The Indian and Chinese influence in the Malay-speaking world dates back to at least 3rd century BCE when traders from both regions arrived at the archipelago. Hinduism and Buddhism were both established in the region by the 1 st century CE. Between the 7th and 14th centuries, the Indian Hindu culture reigned in the Malay world. During the 10 th century the arrival of Islam broke apart the Hindu empire and led to the conversion of most of the Malay-Indonesian world. The 16th century saw the arrival of the European colonizers, beginning with the Portuguese, followed by the Dutch, and ultimately the British. In 1824, the Anglo-Dutch created a border between British Malaysia and the Dutch East Indies, which is now Indonesia. This phase of occupation was followed by the mass immigration of Chinese and Indians who entered the country as workers in the colonial British economy. Between 1942 and 1945, the Japanese occupied the region, detracting power from the British in East Asia. Although short-lived, this occupation triggered feelings of nationalism, ultimately leading to the establishment of an independent Federation of Malaya in 1957. Upon the acquisition of British territories in North Borneo and Singapore, Malaya became Malaysia in 1963.

Status of Human Rights of Hindus in Malaysia, 2006

For years, Malaysia seemed to be balancing a secular government with the strong Islamic roots of the majority of its citizens. However, in recent years that balance has shifted and increased religious tensions among the population. Marina Mahathir, a rights activist and daughter of Malaysia’s longest-serving premier, says that the Malaysian government is not properly protecting the rights of its citizens from conservative Muslims. She spoke further about the incursion of Muslim values through a variety of confrontations, including the trial of a Chinese couple caught kissing in public and rules requiring non-Muslim policewomen to wear headscarves in parades. Mahathir also says the policy of giving preferential treatment to ethnic Malays should be modified. “The original intentions were good; it was about equality, bringing up people so that there was a level playing field, but I think maybe nobody foresaw some of the psychological side effects,” she said, citing the “sense of entitlement.

Religious freedom has been eroding within the country. As it is, ethnic Malays are required to be Muslims, as they are born into Islam and do not have the freedom to convert. However, even the minority Hindus and Christians in the country struggle to maintain and practice their religions. In the past few years, numerous disputes have come to light over the burial of Hindus in accordance with Muslim rites. The most well-known of these incidents occurred in 2005 when a prominent Malaysian climber was buried as a Muslim, despite protests from his Hindu family that he remained a Hindu.

In a further incident, an ethnic Indian man, Chandran Dharma Dass, was buried according to Islamic rites despite claims by his family that he had renounced Islam. Dass had converted to Islam in 2001 in order to marry a Muslim woman, but renounced Islam when he married a Thai woman instead. However, Syarifuudin Alsa Osman, a Kuantan Islamic religious offer, said that as Dass had not embraced another religion after renouncing Islam, “the deceased was a Muslim and should be buried according to Islam and this cannot be disputed by his family or other parties.” Dass was buried at a Muslim cemetery in his hometown of Gopeng, Perak.

In another example of the growing religious tensions in Malaysia, two practicing Hindu siblings of Indian origin are trying to change their religion on their birth certificates from Islam to Hinduism. The sibling’s father, K. Seshadri, converted from Hinduism to Islam before their birth but reverted back to Hinduism in 1991. Again, Seshadri was buried according to Islamic rites despite protests by his family. The siblings, S. Jeevanathan and S. Maneemegalay, are registered as Hindus on their identity cards but have been denied by Malaysia’s National Registration Department in changing their Muslim status on their birth certificates. “According to the law, when one embraces Islam, there is no provision that allows him to take another religion or go back to his former religion,” said Rahimin Bani, Malacca religious department head.

Separately, Fauzi Mustaffar, the head of Malaysia’s Shariat Department, has asked Muslims in Malaysia not to wish Hindus a Happy Diwali. Although the government distanced itself from the directive, Mustaffar’s message claimed that for a Muslim to greet Hindus on Diwali was equivalent to practicing polytheism. In an email to his staff, Mustaffar wrote, “So Muslims who have inadvertently wished Hindus a Happy Diwali, Happy Durga Pooja or Happy Lakshmi Pooja [all are prominent Hindu festivals] must immediately repent and not repeat it in the future.”

The highest profile atrocity faced by Hindus in Malaysia is the destruction of their temples. A total of seventy-six separate demolitions, desecrations or forcible relocations of Hindu temples are enumerated and discussed in Appendix C. According to P. Waytha Moorthy, Chairman of the Hindu Rights Action Force (an umbrella of approximately 40 NGOs in Malaysia), authorities are destroying temples “in an unlawful and indiscriminate fashion, at the federal, state, and local levels.”

Many of these temples have existed since British colonial rule as Indian laborers who were brought into the country to work on rubber plantations built them. Malaysian mosques have not faced similar fates and actually mosques are given preference in the government allocation of public funds and land. Moorthy lists six major temples that were demolished by the authorities between February and June 2006:

– Sri Ayyanar Sathiswary Alayam at Jalan Davies demolished February 22
– Malaimel Sri Selva Kaliamman at Pantal demolished April 17
– Sri Kaliamman at Midlands Estate demolished May 9
– Sri Balkrishan Muniswarer at Setapak partly demolished May 14
– Gangai Muthu K Karumariaman at PMR Batu Buntung Estate Kulim torched May 15
– Muniswara at Setapak demolished June 8

A more prominent case involves the demolition of the Sri Muthu Mariamman, a temple that is over 100 years old. The temple, which was located on rubber plantation that was home to approximately 1000 families, has been at the center of a fight since 1992 when the Universiti Teknologi Malaysia (UTM) made claims to temple’s land. There have been various attempts to save the temple, but a court order allowed the demolition of the temple in December 2006. The deities within the temple are to be moved to a separate location that will be provided by the Johor state. Hindu Rights Action Force has filed an application with the Malaysian High Court in Kuala Lumpur in order to stop the continued demolition of Hindu temples.

Violations of Constitution and UN Covenants

Malaysia has not taken any action toward signing or ratifying the UN’s International Covenant on Civil and Political Rights or the UN’s International Convention on the Elimination of All Forms of Racial Discrimination. Malaysia’s Constitution upholds Islam as “the religion of the Federation” but provides for the practice of other religions “in peace and harmony.” Part II of the Constitution defines the fundamental liberties of people, which include the right to equality before the law; the right to freedom of speech and peaceful assembly; and the right to “prove and practice his religion.” The Constitution also guarantees that every religious group may “manage its own religious affairs, establish and maintain institutions for religious or charitable purposes, and acquire and own property and hold and administer it in accordance with law.” Furthermore, religious groups hold the right “to establish and maintain institutions for education of children in its own religion” although the Federation retains the right to “establish or maintain or assist in establishing or maintaining Islamic institutions.” Additionally, the Constitution mandates that no individual is “required to receive instruction in or take part in any ceremony or act of worship of a religion other than his own.” Clearly, state-sponsored temple destruction and infringements on personal religious freedom seen in Malaysia today are direct violations of the aforementioned guarantees enshrined in the nation’s Constitution.

Conclusion and Recommendations

Over the past decade, the rights of minorities in Malaysia have eroded as the government shifts from its seemingly secular state to one that is rooted in conservative Islam. Religious freedom is not protected and for ethnic Malays, does not exist at all. While the Hindu community faces numerous struggles, the two key ones are their right to cremate their dead as Hindus and the demolition of their temples. The Malaysian government should respect the wishes of family members and permit them to carry out final rites for their deceased in accordance with Hindu tradition. The U.S., UN and various human rights groups should pressure the Malaysian government to protect Hindu temples from desecration and destruction ? the primary institutions of the Hindu community in Malaysia. Hindu places of worship that existed prior to independence should be designated as temple property and title to the land should be handed to the respective temple trustees/committees as has been done for pre-independence era mosques. The Malaysian Government should be urged to not discriminate in the allocation of public funds and land for places of worship between Muslim and minority religious groups.

Appendix C:

Destruction of Hindu Temples in Malaysia – 2006

ELEVEN HINDU TEMPLES DEMOLISHED IN THE KLANG VALLEY

1. The Sri Ayyanar Sathiswary Alayam Temple (more than 65 years-old) was demolished on February 22, 2006 and the sacred icons buried at the site.
2. The Malaimel Sri Selva Kaliamman Temple Pantai (more than 100 years-old) was demolished on April 17, 2006 on orders by the Kuala Lumpur City Hall.
3. The Vaalmuniswarar Rajaamman Kovil (more than 60 years-old) at the Lady Templer Hospital was demolished on May 3, 2006 or orders by the Kuala Lumpur City Hall.
4. Sri Kaliamman temple at Midlands Estate, Seksyen 7, Shah Alam (more than 100 yearsold) was demolished or orders by the Shah Alam City Hall on May 9, 2006.
5. The Sri Balakrishan Muniswarer temple in Setapak (more than 60 years-old) was partly demolished on May 11, 2006 or orders by the Kuala Lumpur City Hall.
6. The Sri Balakrishan Muniswarer temple in Setapak was completely demolished and sacred icons destroyed on June 8, 2006.
7. The partly demolished Sri Kaliamman temple at Midlands Estate, Seksyen 7, Shah Alam was demolished for a second time on June 12, 2006 wherein three main Hindu deities were hammered and smashed to pieces with a sledge hammer by the Shah Alam City Council enforcement officers.
8. On August 1, 2006 the Om Sri Sakti Nagamma Allaya Hindu Temple in Taman Sri Manja, PJS 3/30 Petaling Jaya, Selangor was demolished by the Petaling Jaya City Council.
9. The Sri Subramaniam temple in Country Homes, Rawang, Selangor, Malaysia was demolished on September 29, 2006.
10. On October 31, 2006 the Sri Muniswarar Temple (more than 100 years-old) which was built on private land in Bandar Rinching, Semenyih Selangor was demolished.
11. The Devi Sri Karumaniamman Hindu Temple, Petaling Jaya Utara, Section 21, Kampung Taman Aman was demolished on November 30, 2006.
12. On December 29, 2006 the Sri Muniswarar Temple (more than 100 years-old) which was built on private land in Bandar Rinching, Semenyih Selangor was demolished.

FOUR OTHER DEMOLISHED HINDU TEMPLES LOCATED OUTSIDE KLANG VALLEY BUT WITHIN PENINSULAR MALAYSIA

13. The Sri Maha Sivalingaeswarrar Hindu Temple, Batu 7, Gemas Tampin was demolished on April 10, 2006.
14. The 80 year-old Sri Muthumariamman Alayam Hindu Temple in Skudai Johor Bahru was demolished in August 2006.
15. Sacred icons in the Sungai Wangi Mathurai Veeran Temple (60 years-old) in Sitiawan, Kampung Tirali, 9 th Mile Jalan Air Tawar, Sungai Wangi Estate, Perak were hammered, smashed up and thrown into a drain and the temple demolished on October 17, 2006 by the Manjung District Council.
16. The 55 year-old Kaliaman Alayam Hindu Temple in Taman Impiana Mengelembu in Ipoh was demolished on November 27, 2006.

THIRTY ONE HINDU TEMPLES IN KLANG VALLEY THAT HAVE BEEN ISSUED A DEMOLITION NOTICE

17. A demolition notice was issued to the Kuil Hindu Sri Mariaman di Seksyen 11, Shah Alam on April 26, 2006 by the Shah Alam Municipal Council.
18. The Sri Maha Mariamman Temple Taman Intan Baiduri Selayang was issued a demolition notice in June 2006.
19. The Sri Subramaniam Temple Kg.Jawa Klang (107 years-old) was issued a demolition notice in June 2006.
20. The Mariamman Temple Jalan Meru Bandar Setia Alam, Shah Alam (101 years-old) was issued a demolition notice in June 2006.
21. The Kg.Jawa Mariamman Temple (more than 120 years-old) was issued with a demolition notice in June 2006.
22. The Sri Maha Laxhsmi temple in Sunway was issued with a demolition notice in June 2006 by the Petalaing Jaya City Council.
23. The Sri Angineer Temple in Taman Tun Dr. Ismail, Kuala Lumpur built on a private land was issued with a demolition notice in June 2006 by the Kuala Lumpur City Manager.
24. Sri Mahamariaman Hindu Temple in Kg Semarak, Old Klang Road has been threatened with demolition five times (Nanban, July 6, 2006, pg. 12)
25. The Sri Sai Bala Raman Hindu Temple in Klang Jaya was threatened with demolition (Nesan, July , 2006)
26. The 101 year-old Dewi Sri Karumari Aman Temple at the 4 ? Mile Jalan Meru, Klang was ordered closed by the Selangor State Government on July 10, 2006, and the temple was threatened to be demolished to make way for housing development.
27. The 101 year-old Thevy Sri Karumariamman temple’s Bandar Setia Alam, Shah Alam access road was closed on July 10, 2006 by the Selangor State Government and later threatened with demolition to make way for a private housing development.
28. The Arun Estate Temple in Shah Alam was issued a demolition notice (
Nesan, July 12, 2006, pg. 6)
29. In July 2006 the 110 year-old Tepi Sungai JKR Mariaman Temple was given a notice that it would be demolished.
30. In July 2006 the Sri Muniswarar temple in Jalan Air Panas Baru Setapak was given a notice that it would be demolished.
31. In July 2006 the Sri Jada Muniswarar Hindu Temple in Danau Kota, Kuala Lumpur was given a notice that it would be demolished.
32. The Jedda Manismanar Hindu Temple in Jalan Setapak was given a notice that it would be demolished (Nesan, August 17, 2006)
33. The Sri Maha Megeswari Hindu Temple in Lembah Jaya, Ampang is being threatened with demolition (Nesan, August 20, 2006)
34. The Muniswarar Hindu Temple in Bandar Baru Ampang is being threatened withdemolition (Nesan, August 20, 2006)
35. The Sri Sakti Vinayar Hindu Temple in Kampung Ampang Indah is being threatened with demolition (Nesan, August 20, 2006)
36. The Mariaman Hindu Temple in Kg Tasik Permai, Ampang is being threatened with demolition (Nesan, August 20, 2006)
37. Siti Subramariam Hindu Temple in Kg Tasik Permai, Ampang is being threatened with demolishment Nesan (20/8/06)
38. The Sri Mariaman Temple (60 years-old) in Section 18 was issued a notice demanding relocation, on October 18, 2006.
39. The Sri Kaliaman Temple (80 years-old) in Section 18 was issued a notice demanding relocation, on October 18, 2006.
40. The Sri Vinayagar Temple (80 years-old) in Section 18 was issued a notice demanding relocation, on October 18, 2006.
41. The Sri Mariaman Temple (109 years-old) in Section 19, which has a sacred 100 year old tree, was issued a notice demanding relocation, on October 18, 2006.
42. The Sri Mariaman Temple (100 years-old) in Section 15 was issued a notice demanding relocation, on October 18, 2006.
43. The Sri Maha Mariaman Hindu Temple in Section 11 was issued a notice demanding relocation, on October 18, 2006.
44. The 80 year-old Sri Athi Muniswara Temple in Jalan Semarak, off Jalan Gurney in Kuala Lumpur was issued a demolition notice on October 19, 2006.
45. On November 21, 2006 the Sivaksakthi Linggeswara Hindu Temple in Kampung Tropikana, Jalan Padang Tembak, Subang Jaya was issued a demolition notice.
46. The Sri Kamatchie Amman Telecoms Temple Cheras (more than 100 years-old) is being threatened with demolition.
47. Despite receiving recognition from UNESCO, the Nageswari Hindu Temple in Bangsar is being threatened with demolition.

SEVENTEEN OTHER HINDU TEMPLES LOCATED OUTSIDE THE KLANG VALLEY BUT WITHIN PENINSULA MALAYSIA THAT HAVE BEEN THREATENED WITH DEMOLITION

48. The Sri Muniswarar Aalayam Seremban (150 years-old) and a 150 year-old “rain tree” have been threatened with demolition since March 2006 by the District and Land Office.
49. On June 26, 2006 the 110 year-old Sri Chinna Karuppan Temple in Masai Johor was issued a notice of demolition.
50. The 60 year-old Saiva Muniswarar Temple Temple in Sg.Petani Kedah was given a notice of demolition (Nanban June 29, 2006, pg 4).
51. The Sri Muthumariaman Aman Skudai Hindu Temple (70 years-old) in Lindon Estate risks being demolished (Nesan, July 3, 2006, pg. 7)
52. Sri Muniswarar Temple in Slim River risks being demolished (Nesan, July 14, 2006)
53. On July 15, 2006 the Muniswarar Temple in Sitiawan was given a demolition notice (Nanban, July , 2006).
54. A Hindu temple was threatened with demolition (Nesan, July 19, 2006, pg. 6)
55. The Sri Nageswari Amman Alayam Hindu Temple is being threatened with demolition (Nesan, July 19, 2006, pg. 6)
56. The Muniswarar Hindu Temple is being threatened with demolition (
Nesan, July 19, 2006, pg. 6).
57. The Sri Sakti Viyanayagar Hindu Temple is being threatened with demolition (Nesan, July 19, 2006, pg. 6).
58. The Sri Maha Mariaman Hindu Temple is being threatened with demolition (Nesan, July 19, 2006, pg. 6).
59. The Sri Subramaniam Hindu Temple is being threatened with demolition (Nesan, July 19, 2006, pg. 6).
60. The Muthu Mariaman Hindu Temple in Liutan Estate Skudai was threatened to be demolished on August 13, 2006.
61. The Sri Subramaniam Hindu Temple in Kampar is being threatened with demolition (Nesan, August 21, 2006).
62. Bangi Mariaman Hindu Temple is being threatened with demolition (
Nesan, August 23, 2006).
63. The Taman U Hindu Temple in Skudai, Johor Bahru was on the verge of being demolished when about 600 Hindu devotees protested on August 23, 2006.
64. The Sri Mathuraimeeran Hindu Temple in Kampar Taman, Sri Wangi is being threatened with demolition (Nanban, August 25, 2006).

THREE HINDU TEMPLES THAT HAVE BEEN BURNT TO THE GROUND

65. The Ganggai Muthu Karumariaman temple in PMR Batu Buntung Estate Kulim, Kedah on May 15, 2006 was torched by unknown individuals.
66. The Sri Kalikambul Kamadeswarar temple in Ebor Estate Batu Tiga, Shah Alam Selangor was burned down.
67. The Sri Kalkattha Kaliamman temple in Kampung Sungai Kayu Ara, 47400 Petaling Jaya was burned down.

SIX TEMPLES FORCED TO BE RELOCATED NEXT TO SEWAGE TANKS

68. The Sri Muneeswarar JKR Temple, Batu 5/12, Jalan Kapar, 42100 Klang, Selangor (73 years-old) was given notice to be demolished and forced to be relocated next to a sewage tank (June 2006, Hindraf)
69. The Sri Kumaravel Hindu Temple in Kampung Medan, Petaling Jaya, Selangor was forcibly relocated next to a sewage tank, electric station (TNB) and high voltage cable on July 14, 2006 (Makkal Osai, August 15, 2006)
70. The Mariaman Hindu Temple in Bukit Beonang, Taman Bukit Melaka was forced to relocate next to a sewage tank (Nanban, August 25, 2006).
71. The Sri Raja Rajeswarar Hindu Temple in Taman Tunku Jaafar, Senawang, Seremban was relocated next to a sewage tank (Hindraf).
72. The Mariamman and Perumal Hindu Temple in Puchong Perdana, Selangor were relocated next to a sewage tank (DAP sources).
73. The Mariamman Temple in Desa Mewah, Sunway Semenyih was forcibly relocated next to a septic tank, according to Bandar Rincing, the Semenyih Temple Chairman.

THREE HINDU TEMPLES WHERE DEITIES WERE FORCIBLY REMOVED

74. Icons in a 73 year-old JKR Sri Muniswarar Temple, Jalan Kapar Klang Temple were forcibly removed and taken away under mysterious circumstances in July 2006.
75. Deities from the Devi Sri Karumariaman Hindu Temple, Petaling Jaya Utara, Section 21, Kampung Taman Aman were forcibly removed and left in a construction site.
76. At the Kaliamman Hindu Temple, Jalan Matin Batu 5 Seremban (which is more than 28 years-old) deities and temple bell were removed (Nanban, September 3, 2006).