Following the worst-ever ranking on press freedom, Malaysia today suffered another setback in its global standing, with the leading international human rights organisation giving Malaysia the thumbs down in its annual report.

Human Rights Watch concluded in its World Report 2013 that Prime Minister Najib Abdul Razak's promised reforms have not significantly improved legal protection for basic liberties in Malaysia.

In short, press restrictions, the use of excessive force against peaceful demonstrators and intimidation of rights groups exposed the limits of government adherence to internationally recognised human rights, the group said.

In its 665-page report, Human Rights Watch assessed progress on human rights during the past year in more than 90 countries, including an analysis of the aftermath of the Arab Spring.

NONE In Malaysia , it said, the government's respect for basic rights and liberties is likely to be tested in the run-up to the 13th general election, which must be held no later than June this year.

"The Malaysian government's promised human rights agenda fell far short in practice in 2012," said Phil Robertson, Asia deputy director at Human Rights Watch.

"As elections approach, the government will need to demonstrate its willingness to uphold the rights of all citizens, whatever their political views."

The report recorded that on April 28, 2012, tens of thousands of peaceful protesters were greeted with water cannon, teargas, beatings and arrests during a march and sit-in led by Bersih, a coalition of civil rights organisations, in their demand for clean and fair elections.

"A government committee set up to investigate the incident has done little to shed light on the actions of the authorities on that day."

However, it recognised that negotiations between the police and a coalition of opposition political parties and activist groups have resulted in a peaceful gathering of the 'People's Uprising Rally' at the Merdeka Stadium in Kuala Lumpur on Jan 12 this year.

More powers for police in Peaceful Assembly Act

Revisions to longstanding abusive laws had less of an impact on the ground than was hoped, Human Rights Watch said.

"The replacement of Section 27 of the Police Act by the Peaceful Assembly Act did not rescind the absolute power of the police to grant permits for demonstrations.

NONE "Instead, the new law allows police to effectively outlaw marches by prohibiting 'moving assemblies' by declaring innumerable sites off limits, and by giving the police the power to set time, date and place conditions," it explained.

For instance, the People's Uprising Rally organisers agreed to 27 conditions - including on appropriate slogans - before their rally got approval, and the government is currently investigating compliance with three of the conditions.

In another legal reform that fell short of international standards, said Human Rights Watch, the Malaysian government repealed the infamous Internal Security Act (ISA), and substituted the Security Offences (Special Measures) 2012 Act (Sosma).

It pointed out that Sosma reduced arbitrary detention to 28 days instead of the indeterminate period permitted under the ISA, but it added new infringements of rights.

"The law's definition of a security defence is overboard. Police, rather than judges, have the power to authorise communication intercepts, and prosecutors can utilise information as evidence without disclosing sources.

"Moreover, should a suspect be acquitted and the state appeals that decision, the acquitted suspect may be detained in prison, or tethered to a monitoring device until the appeal is settled, a process that could take years."

Harassment of Suaram

The group said government harassment of human rights defenders continued in 2012 including the politically motivated investigation of Suaram, a leading Malaysian human rights organisation in operation since 1989, in response to spurious allegations by Jaringan Melayu Malaysia, an organisation with close ties to Malaysia's leaders.

"At least six government agencies are seeking to find Suaram's registration and operations illegal. Investigators have harassed staff and supporters, and threatened them with arrest, while government politicians and government-controlled media outlets have publicly attacked the organisation."

It noted that on Sept 3, 2012, a week before the investigations began, a government minister accused Suaram of keeping "highly suspicious" accounts and said that "99.4 percent" of its activities were "money collecting."

NONE Human Rights Watch also expressed concern that groups supporting the rights of lesbian, gay, bisexual, and transgender (LGBT) people fared even worse.

"In two speeches in 2012, Najib condoned discrimination by singling out the LGBT community as a threatening 'deviant culture' that 'would not have a place in the country'.

Not only was the annual Seksualiti Merdeka festival cancelled in 2012, amidst ongoing intimidation of the LGBT community, it said, but a court refused a judicial review of the police ban on the 2011 festival, a decision that festival organisers say leaves future festivals in legal limbo.

"The Malaysian authorities should respect the fundamental rights of non-discrimination and equality, and stop demonising people based on their sexual orientation or gender identity," said Boris Dittrich, advocacy director for the LGBT programme at Human Rights Watch.

Reforms to freedom of the press also proved to be less than anticipated, Human Rights Watch said.

"The Printing Presses and Publications Act (PPPA) was amended, dropping the requirement for annual licensing of publications and ending the Home Minister's power to award or rescind publishing licences without court review.

"However, the revised law still requires that new publications obtain initial approval, and licences still may be arbitrarily revoked."

Government's challenge of right to publish

The organisation noted that the government appealed a 2011 Kuala Lumpur High Court ruling that a "licence to publish is a right, not a privilege", therefore requiring review of the government's "improper and irrational" unwillingness to issue a printing licence to the largest online news portal, Malaysiakini, to publish a daily print edition.

It also pointed out that an amendment to the Evidence Act defines computer owners and operators of computer networks as publishers, and thus responsible for the content displayed on their screens unless they can prove they had nothing to do with the content.

"This raises concerns about the presumption of innocence as well as free expression."

NONE In terms of enforcement agencies, Human Rights Watch said, the Malaysian police appear to routinely violate the rights of persons in custody.

"Police personnel have employed unnecessary or excessive force during demonstrations, while carrying out arrests, and in police lockups.

"Deaths in custody, routinely attributed to disease, go uninvestigated, suspects are beaten to coerce confessions, and criminal suspects die in suspicious circumstances during apprehension by police, and alleged police abuses go uninvestigated."

Malaysian immigration law still does not recognise refugees and asylum seekers, and prohibits them from working and their children from going to school, said the human rights body.

It claimed that unauthorised migrants faced arrest and detention in unsanitary and overcrowded immigration detention centers, and caning for violating the immigration law.

"Anti-trafficking efforts conflate human trafficking with people smuggling, and punishes rather than protects trafficking victims by holding them in inadequate, locked shelters that resemble detention centres rather than care facilities."

Nonetheless, the government continues to do little to protect migrant domestic workers from beatings and sexual abuse by their employers, Human Rights Watch said.

"Numerous sectors of Malaysia's economy depend on migrant workers, yet Malaysia continues to treat them as disposable people who can be used and abused," Robertson said.

"The government should fully respect migrant workers' rights and stop re-victimising those who have been trafficked to Malaysia."