Cultural Values as a Gatekeeper in Malaysia's Human Rights Policy: Advocating for Inclusive International Instruments

The paper explores how Malaysia’s unique cultural values shape its engagement with international human rights instruments, highlighting the broader tension between universal human rights norms and local cultural contexts. Since the mid-20th century, human rights instruments have often reflected Western, individualistic values, prompting many non-Western nations, including Malaysia, to advocate for a more culturally inclusive approach. Malaysia’s position emphasizes the alignment of human rights norms with local traditions, and this is evident in its selective adoption of international agreements. The study categorizes Malaysia’s engagement into three approaches: rejection, acceptance with reservations, and full acceptance. For example, Malaysia has declined to ratify the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), citing incompatibility with its societal values. However, it has ratified treaties such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC) with reservations, reflecting cultural sensitivities, particularly around issues such as gender roles and family structures. Furthermore, Malaysia has fully embraced instruments like the APEC Privacy Framework (2004) and the ASEAN Declaration on Human Rights, ADHR, (2012) due to their alignment with its national values. Employing doctrinal research, the paper draws from international treaties, domestic statutes, case law, and academic sources, using content analysis to examine how cultural values influence Malaysia’s human rights policy. It finds that cultural considerations are pivotal in determining a country’s stance – whether to reject, conditionally accept or accept international norms. The paper contributes to the academic and policy discourse by demonstrating how cultural diversity can act as both a barrier and a guide in the adoption of human rights frameworks. It concludes with policy recommendations aimed at encouraging more inclusive and culturally sensitive human rights instruments, allowing countries like Malaysia to engage more actively and constructively with international legal standards while maintaining respect for local traditions.