Joint Statement: Civil Society Call For An End to Intimidation and Harassment Tactics Against UMANY and Associated Individuals

 https://www.amnesty.my/2020/11/12/civil-society-call-for-an-end-to-intimidation-and-harassment-tactics-against-umany-and-associated-individuals/

We, the undersigned organisations and endorsers, strongly condemn the continued intimidation tactics and acts of harassment being perpetrated by the State and its agencies against Universiti Malaya Association of New Youth (UMANY) members and student activists linked to the group. We call on the relevant authorities, including Universiti Malaya (UM) and other entities, to stop investigating and questioning these student leaders, and uphold academic freedom and our constitutional right to freedom of expression and free speech.

UMANY is being investigated by both UM and the police over a statement it issued following the Yang di-Pertuan Agong’s advice that all Members of Parliament should support Budget 2021. Since then, seven members of UMANY, its president and vice-president, as well as two other student leaders, have been called in for questioning. A former UMANY president was also detained overnight for recording a police officer attempting to search the house of an UMANY leader, and will be charged tomorrow under Section 188 of the Penal Code. Meanwhile, the Public Service Department (JPA) has asked for show-cause letters from six JPA-sponsored UMANY members over their purported involvement on the matter. UMANY’s statement has since been retracted.

We are disappointed that the State and its agencies, including the police, continues to arbitrarily stifle freedom of speech and expression in Malaysia, a rising trend that has become apparent since the change of government earlier this year. We wish to remind the Perikatan Nasional (PN) government that freedom of speech and expression is guaranteed for all Malaysians under Article 10 of the Federal Constitution, and should not be disproportionately restricted simply because said speech or expression challenges norms or presents critical or alternative views.

The right to express views and ideas freely, without fear of interference or persecution, is an essential part of democracy. Respectful debates and expressions help us examine and critically challenge conventional wisdoms and promote heterodox views. In doing so, we foster a more informative and critical society, one that is able to articulate their own views and alternative views, safely and openly.

We risk spiralling into an undemocratic state if our government continues to censor and restrict speech and expression without due process and at the expense of fundamental civil liberties of its peoples – as is the case with the UMANY investigations. Articulating an academic view based on the Federal Constitution, as was the case in this instance, should not warrant police action. Recording a police search of a student activist’s house also should not result in criminal sanction. The police, despite issuing a statement to clarify their actions in arresting the student activist in question, have failed to justify why taking videos or photographs of police investigations could affect the confidentiality of said investigations.

Furthermore, we do not want to foster an environment which undermines accountability and good governance and where people are prohibited from questioning or criticising the government over public affairs.

Academic scholarship, on the other hand, cannot flourish in an atmosphere of censorship and disproportionate restriction of speech and expression. An open and robust environment for sharing ideas freely is crucial for learning as it allows students to think critically, challenge and engage with different perspectives. Students must remain free to inquire, study and evaluate, and gain new maturity and understanding. The participation of students in intellectual debates concerning the state of affairs of the country, therefore, should be encouraged, not discouraged. Higher education institutions must ensure that they are moulding a thinking society and supporting the promotion of multiple views – not investigating such views.

To that end, we call on the following recommendations to be adopted at once:

1.       The police and UM must, without any delay, drop their respective
investigations into UMANY, its members, former members and associated student leaders, over UMANY’s statement;

2.       JPA should uphold academic freedom and immediately withdraw the demand for show-cause letters from the JPA-sponsored UMANY members over their alleged involvement over the matter;

3.       The relevant authorities must pledge to protect UMANY members who are being harassed, cyberbullied or threatened online over their statement and ensure that those who are making such threats are dealt with in accordance with established international standards and practices, and;

4.       The PN government must ensure that freedom of expression and speech is upheld and protected at all times for all Malaysians by repealing repressive laws used to arbitrarily restrict these freedoms, in particular, the Sedition Act 1948 and Section 233 of the Communications and Multimedia Act 1998.

12 November 2020

Jointly issued by:
Amnesty International Malaysia
Centre for Independent Journalism (CIJ)
Suara Rakyat Masyarakat (SUARAM)

Endorsed by the following civil society organisations:

1.       Agora Society

2.       Aliran

3.       ASEAN Parliamentarians for Human Rights (APHR)

4.       Beyond Borders Malaysia

5.       Center for Orang Asli Concerns (COAC)

6.       CIVICUS: World Alliance for Citizen Participation

7.       Community Women and Workers Network (CWWN)

8.       Demokrat UM

9.       EMPOWER Malaysia

10.   ENGAGE

11.   G25 Malaysia

12.   Gabungan Bertindak Malaysia (GBM)

13.   Gindol Initiative for Civil Society Borneo

14.   Greenpeace Malaysia

15.   Growing Emerging Leaders (GEL)

16.   In Between Cultura

17.   Jaringan Kampung Orang Asli Semenanjung Malaysia (JKOASM)

18.   Johor Yellow Flame (JYF)

19.   Justice for Sisters

20.   Kuala Lumpur and Selangor Chinese Assembly Hall (KLSCAH)

21.   KLSCAH Youth

22.   LLG Cultural Development Centre Berhad

23.   Malaysia Muda

24.   Malaysian Medics International (MMI)

25.   Malaysian Students’ Global Alliance (MSGA)

26.   Malaysian Action for Justice and Unity Foundation (MAJU)

27.   National Union of Bank Employees (NUBE)

28.   North South Initiative (NSI)

29.   Oriental Hearts and Minds Study Institute (OHMSI)

30.   Our Journey

31.   Parti Sosialis Malaysia (PSM)

32.   Pergerakan Tenaga Akademik Malaysia (GERAK)

33.   Persatuan Kesedaran dan Keadilan Iklim Malaysia – Klima Action
Malaysia KAMY

34.   Persatuan Komuniti Prihatin Selangor & KL (PRIHATIN)

35.   Persatuan Prihatin Masyarakat Lipis

36.   Persatuan Promosi Hak Asasi Manusia (PROHAM)

37.   Persatuan Sahabat Wanita Selangor

38.   Pertubuhan SiraguGal

39.   Pusat KOMAS

40.   Research for Social Advancement (REFSA)

41.   Sabah Environmental Protection Association (SEPA)

42.   Sabah Women’s Action-Resource Group (SAWO)

43.   Sarawak Association for Peoples’ Aspirations (SAPA)

44.   Saya Anak Bangsa Malaysia (SABM)

45.   Sisters in Islam (SIS)

46.   Society for Equality, Respect And Trust for All Sabah (SERATA)

47.   Student Unity Front UKM

48.   Taiwan Alliance for Thai Democracy

49.   Tanah Dahai

50.   Tenaganita

51.   Teoh Beng Hock Trust for Democracy

52.   Thai Students in Europe for Liberal Democracy

53.   The Coalition for Clean and Fair Election (BERSIH 2.0)

54.   Tindak Malaysia

55.   UM Law Society

56.   Women’s Aid Organisation (WAO)

57.   Youth Era Malaysia