Unlawful to demolish places of worship
Published: Aug 1, 2007 6:55 PM | Updated: Jan 29, 2008 6:21 PM
The Human Rights Commission (Suhakam) today reminded authorities that the demolition of places of worship can be considered a violation of human rights and law.
In view of the continued demolition of places of worship, human rights watchdog Suhakam warns that such acts violate human rights and law.
The Human Rights Commission (Suhakam) today reminded authorities that the demolition of places of worship can be considered a violation of human rights and law.
Suhakam commissioner Dr Denison Jayasooria cited Article 11 of the Federal Constitution, which guarantees freedom of religion and Section 295 of the Penal Code which stipulates damaging or defiling places of worship as a punishable offence.
Denison was responding to the latest demolition of the Sri Periyachi Amman temple in Tambak Paya Village, Malacca.
He said that between 2003 and 2006, Suhakam received 11 complaints pertaining to the demolition of places of worship - Hindu temples (6), Mosques (3), Church (1) and a Buddhist temple.
"Suhakam notes that the demolition of places of worship in Malaysia has been carried out mostly because some structures were built without the approval of the local authority, while others were built on government or private land without the owners permission.
"However, Suhakam strongly believes that addressing issues pertaining to the demolition of places of worship should be viewed from a wider perspective rather than limiting it to a matter of legitimacy of occupying a land as it is a fact that a place of worship is directly linked to one's religion and that it is regarded as sacred according to his faith," he added in a statement.
Be sensitive
Denison also reiterated Suhakam's five point recommendations on the matter to the Housing and Local Government Ministry and Federal Territories Ministry in 2006:
Begin process with consultation
Be sensitive to traditions or items held sacred
Preserve places of worship that contribute to historical background
Allow continued operation of certain places of worship
Provide alternative sites
Denison recommended relevant authorities carrying out potential demolition work of places of worship to be sensitive to religious traditions and in the handling of items held sacred by certain groups.
"For instance, it would be wise to pull back the demolition process while prayers are conducted. There should be respect for the sensitivities of affected groups as well as to the symbols of faith expression (idols) in places of worship,
"Instead of desecrating these symbols, they could be handed over to the affected group or other persons for transfer to another place or worship of the same faith, with permission," he added.
Suhakam commissioner Dr Denison Jayasooria cited Article 11 of the Federal Constitution, which guarantees freedom of religion and Section 295 of the Penal Code which stipulates damaging or defiling places of worship as a punishable offence. Denison was responding to the latest demolition of the Sri Periyachi Amman temple in Tambak Paya Village, Malacca.
He said that between 2003 and 2006, Suhakam received 11 complaints pertaining to the demolition of places of worship - Hindu temples (6), Mosques (3), Church (1) and a Buddhist temple.
"Suhakam notes that the demolition of places of worship in Malaysia has been carried out mostly because some structures were built without the approval of the local authority, while others were built on government or private land without the owners permission.
"However, Suhakam strongly believes that addressing issues pertaining to the demolition of places of worship should be viewed from a wider perspective rather than limiting it to a matter of legitimacy of occupying a land as it is a fact that a place of worship is directly linked to one's religion and that it is regarded as sacred according to his faith," he added in a statement.
Be sensitive
Denison also reiterated Suhakam's five point recommendations on the matter to the Housing and Local Government Ministry and Federal Territories Ministry in 2006:
Begin process with consultation
Be sensitive to traditions or items held sacred
Preserve places of worship that contribute to historical background
Allow continued operation of certain places of worship
Provide alternative sites
Denison recommended relevant authorities carrying out potential demolition work of places of worship to be sensitive to religious traditions and in the handling of items held sacred by certain groups.
"For instance, it would be wise to pull back the demolition process while prayers are conducted. There should be respect for the sensitivities of affected groups as well as to the symbols of faith expression (idols) in places of worship,
"Instead of desecrating these symbols, they could be handed over to the affected group or other persons for transfer to another place or worship of the same faith, with permission," he added.
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