JOINT MEDIA STATEMENT 2 JULY 2021

CIJ, FFN AND PARTNERS STRONGLY CONDEMN RAIDS 

AGAINST FILMMAKER AND ARTIST

The Centre for Independent Journalism (CIJ), Freedom Film Network (FFN) and partners are appalled by and strongly condemn ongoing efforts by the police to intimidate and persecute Freedom Film Network (FFN) and animator/artist, Amin Landak over the animated film, “Chilli Powder and Thinner”. The film illustrates the true story of a boy’s testimony of being tortured while being in police custody. FFN co-founder Anna Har and Amin went to the federal police headquarters in Bukit Aman at 2.30pm today to have their statements taken in connection with the film. They finished giving their statements to the police and left Bukit Aman at about 4.10pm. Nevertheless, the police raided the FFN office and Amin’s home all the same.

The Malaysian police are clearly on a rampage against FFN over the animated short film, which depicts police officers torturing and abusing individuals in custody in Malaysia. This investigation, and related raid, contributes to a broader pattern of authorities attempting to quell allegations of police misconduct. Police brutality and abuse of power have been topics of heated discussion online, but authorities routinely silence such discourse by threatening individuals with a criminal investigation.

Retaliatory investigations against human rights defenders, artists and journalists for raising attention to violations of basic human rights show the dire need to protect freedom of expression and ensure police officers in Malaysia are held accountable for any instances of misconduct. The police must be open to public scrutiny and the demand for transparency, while adherence to rule of law must always be upheld. Initiating an investigation merely on the account that a particular incident negatively portrays the police is unwarranted and a serious violation of our constitutional guarantees of freedom of expression and speech.

We, therefore, call for the following measures to be adopted by the State:

● Drop all investigations and stop all acts of intimidation and adverse actions against Anna Har, FFN, Amin Landak, whistleblowers, and others associated with the animated short film;

● Establish the Independent Police Complaints of Misconduct Commission (IPCMC), with no further delays, so that police accountability and professionalism is always upheld.

It is incumbent on the government to ensure that they act now and not be complicit in allowing freedom of expression and speech and artistic freedom in Malaysia to be censored or penalised, and where artists and filmmakers operate within a climate of fear. If this practice is not halted, our democracy will be at threat and political priorities will continue to prevail over the public interest.

2 July 2021

Issued by: Centre for Independent Journalism (CIJ) and Freedom Film Network

Endorsed by the following organisations with common interest in promoting FoE:

1. Amnesty International Malaysia

2. C4 Center

3. Gerakan Media Merdeka (GERAMM)

4. Justice for Sisters

5. KRYSS Network

6. Sisters in Islam

7. Suara Rakyat Malaysia (SUARAM) 

8. Agora Society Malaysia 

9. Aliran 

10. Angkatan Belia Islam Malaysia (ABIM) 

11. Angkatan Mahasiswa UM 

12. Association of Women Lawyers (AWL) 

13. Baramkini 

14. Beyond Architecture Outlet (BAO) 

15. Beyond Borders Malaysia 

16. Citizens against Enforced Disappearances (CAGED) 

17. Coalition for Clean and Fair Elections (Bersih 2.0) 

18. Demokrat Kebangsaan 

19. Demokrat UKM 

20. Demokrat UM 

21. Eliminating Deaths and Abuse in Custody (EDICT) 

22. EMPOWER Malaysia 

23. ENGAGE 

24. Family Frontiers Malaysia 

25. Five Arts Centre 

26. Function 8 Singapore 

27. Gerakan Mahasiswa Maju UPM 

28. Jaringan Hak Asasi Manusia (JHAM) 

29. Jaringan Rakyat Tertindas (JERIT) 

30. Klima Action Malaysia (KAMY) 

31. KLSCAH Youth 

32. Malaysia Muda 

33. Monsoon Malaysia 

34. New Naratif 

35. North South Initiative 

36. Our Journey 

37. Pangrok Sulap

38. Pergerakan Tenaga Akademik Malaysia (GERAK) 

39. Persatuan Kebangsaan Pelajar Islam Malaysia (PKPIM) 

40. Persatuan Komuniti Prihatin Selangor dan Kuala Lumpur 

41. Persatuan Sahabat Wanita, Selangor (Friends of Women Organisation, Selangor) 

42. Pertubuhan Solidaritas 

43. PeSAWAH 

44. Projek Wawasan Rakyat (POWR) 

45. Pusat KOMAS

46. Ruang Kongsi (Penang) 

47. Sabah Human Rights Centre 

48. Sabah Law Society Subcommittee on Human Rights 

49. Sabah Reform Initiative (SARI) 

50. Saya Anak Bangsa Malaysia (SABM) 

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

52. Student Progressive Front UUM 53. Student Unity Front UKM 

54. Suara Rakyat Malaysia (SUARAM) 55. Svara 56. Tenaganita 

57. Teoh Beng Hock Trust for Democracy 

58. Terabai Kenyalang Heritage Association of Sarawak (TKHAS) 

59. The 14% Project 

60. Think Centre 

61. Tindak Malaysia 

62. UMANY 

63. Undi 18 

64. Waroeng Baru 

65. WITNESS

Individuals:

1. Andrew Khoo 

2. Benazir Japiril Bandaran 

3. Beverly Joeman 

4. Chen Yoke Pin 

5. Devaruban Samalam Ruban 

6. Elroi Yee 

7. Farida Mohammad 

8. Hui Yein 

9. Janet Pillai 

10. Julien Chen Lip Syn 

11. Kenneth Cheng 

12. Lim Kye Lee 

13. Mark Teh 

14. Nafeesa Mat Ali 

15. Okui Lala 

16. Risya 

17. Sarah 

18. S. M. Muthu 

19. Simon Soon 

20. Wong Chin Huat 

21. Wong Tay Sy 

22. Wong Yan Kee 

23. Yolanda Augustin 

24. Zaharom Nain

The Centre for Independent Journalism is a freedom of expression watchdog and non-profit organisation that aspires for a society that is democratic, just, and free where all peoples will enjoy free media and the freedom to express, seek and impart information.

Media statement 1 July 2021

Vaccinate all educators to ensure continuation of learning

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As the pandemic continues to ravage our lives, we in Malaysian Academic Movement or Pergerakan Tenaga Akademik Malaysia (Gerak) write to express our ongoing concern about the wellbeing and future of the many school children who do not have the facilities and devices at home to accommodate online learning.

Online learning was touted right from the beginning by the Perikatan Nasional (PN) government as the way forward for Malaysian education. But, of course, there has been a wide chasm between promise and delivery.

Little, for example, is now said about the 150,000 laptops Education Minister Radzi Md Jidin promised last year to distribute to students in 500 schools nationwide by February this year.

What has now been revealed is that by April this year, only 13,000 (8.7%) of those laptops have been distributed.

Gerak is appalled at this outcome. The various movement-control orders notwithstanding, the ministry should have assessed the situation and worked out a strategy to get the devices to the needy students. If not the Education Ministry, with its body of experts and departments, who else?

And what is happening now? Let us be clear about the consequences if this is treated lightly. Without the hardware, and the supporting online connections, the extended lockdown will have extremely negative impacts on our children, especially the marginalised.

The current haphazard decisions being made to simply close schools with little reflection, planning and, most importantly, the implementation of these plans in a systematic way, expose these children to higher risks of being mentally, physically and, indeed, educationally deprived.

School closures, while convenient for ministry officials in their air-conditioned offices in Putrajaya, put tremendous pressure on parents who are already struggling to put food on the table. 

School closures compromise the quality of learning and more than likely will negatively affect the education and possible future of poor urban and rural children who do not have the advantages of their middle-class cousins. 

In this regard, and for education to be provided for in a planned, organised manner, Gerak urges the government to prioritise teachers and other educators for immediate Covid-19 vaccination.

 It is evident that the online education ‘plan’, such as it is, has been a failure.  We need to re-examine the situation and enable the reopening of all schools and education-related institutions as soon as possible.

 We must treat all teachers – all educators – as front liners.

At the international level, one in four teachers is prioritised in the first phase of national rollout plans in 139 countries globally. Malaysia is nowhere on this list.

The PN government promised to include teachers as part of the priority groups in the second phase of the National Covid-19 Immunisation Programme in April 2021 which, to us, is already rather late and rather tame.

Indeed, there is a lack of transparency in terms of the regime’s priorities and execution of the programme at the second phase.

Gerak is appalled to know that, up until today, not all the teachers and educators are prioritised to receive any of the Covid-19 vaccines.

The government is reportedly going to distribute more than 14 million doses of vaccine to all states in July. This provides the perfect opportunity for this government to right a wrong by prioritising education workers in this programme.

We believe that education institutions, teachers, educators and students must be viewed as a priority by the government.  Vaccinating all of them now must be an essential strategy to combat the unnecessary unilateral closure of all schools.

Not all Malaysians can afford the luxury of sending their children to study in boarding schools overseas. The longer we close all our schools, the higher the probability that our children, especially those in the B40 category, will not be able to return to formal education.

This would reflect the failure of this government in safeguarding the future of the next generation in a pandemic.

Hence, in line with the urging of Unesco, Gerak calls upon this government, first, to vaccinate all the teachers and educators immediately “to protect teachers and students in an effort to ensure the continuation of learning and a safe return to in-person teaching”.

Second, there must be a concrete, well-thought-out plan devised to open all educational institutions for face-to-face teaching and learning after all teachers and staff have been fully vaccinated.

There has been too much inertia and ill-planning at the highest levels already. So, this must be done now, not tomorrow, not next year. 

https://www.themalaysianinsight.com/s/324738

https://www.malaymail.com/news/malaysia/2021/07/01/academic-group-urges-govt-to-expedite-distribution-of-laptops-for-students/1986307

https://www.malaysiakini.com/news/581234

 

Joint Media Statement

2 February 2021

NGOs ASK COURTS TO CONSIDER ROLE OF JUDICIARY AND PARLIAMENT IN ENSURING CHECKS AND BALANCES DURING EMERGENCY

We, the undersigned civil society organisations (CSOs), involved in various areas of advocacy to strengthen parliamentary democracy and the safeguarding of the civic space, filed a public interest suit today at the High Court against Prime Minister Muhyiddin Yassin and the government of Malaysia, to seek court declarations on issues related to the Emergency (Essential Powers) Ordinance 2021.

We are concerned that the proclamation of emergency and the Emergency Ordinance has resulted in both Houses of Parliament being unable to fulfil their constitutional role of debating and voting on the Emergency Ordinance. We are also concerned that the main effect of the emergency ordinance is the suspension of the Parliament while it is business as usual for both the government, judiciary and private sectors, subject to the restrictions imposed under the ongoing Movement Control Order (MCO).

We would like the courts to declare if they have the power to review any attempt that circumvents constitutional provisions which require these instruments to be brought before Parliament first.

In particular, we are seeking declarations on whether the Emergency (Essential Powers) Ordinance; or Section 14 of the Ordinance, which suspends Parliament; and Article 150(8) of the Constitution, which oust the jurisdiction of the courts, are unconstitutional.

In our submission to the Kuala Lumpur High Court today, we posed the following questions of law.

1. Given that both Houses of Parliament had not been dissolved but only stood adjourned at the relevant times, whether the Proclamation of Emergency issued on 11 January 2021 (vide P.U.(A)7/2021) and the Emergency (Essential Powers) Ordinance 2021 promulgated on 14 January 2021 had to be laid before both Houses of Parliament pursuant to Article 150(3) of the Federal Constitution?

2. Whether Section 14 of the Emergency (Essential Powers) Ordinance 2021 relating to the suspension of Parliament is valid insofar as it prevents or frustrates the operation of Article 150(3) of the Federal Constitution? (Section 14 purports to, inter alia, disable the operation of the provisions of the Federal Constitution relating to the summoning, prorogation and dissolution of Parliament and to cancel any meeting of Parliament that had been summoned but not yet held).

3. Whether the 1981 constitutional amendment that added Article 150(8) of the Federal Constitution that purportedly ousts the jurisdiction of the courts is unconstitutional (for violating Articles 4 and 121 of the Federal Constitution and/or the basic structure of the Federal Constitution)?

4. Whether Article 150(8) of the Federal Constitution, even if valid, prevents the courts from reviewing the constitutionality of an ordinance made under Article 150(2B) that does not comply with, prevents or frustrates the requirements of Article 150(3) of the Federal Constitution (which require the proclamation/ordinance to be laid before Parliament)?

The suspension of Parliament is an extremely drastic measure. This Emergency overreaches the Constitution and is disproportionate. As citizens and public-spirited, interest groups fighting for reform, the suspension of Parliament affects our work greatly as we are unable to access and seek recourse during parliamentary sittings on matters of concern.

We believe the rule of law should be preserved and the spirit of the Federal Constitution is adhered to, where there is a clear separation of powers between the Executive, Legislative and Judiciary, and that no one branch of government should subjugate the others.

The loss of such checks and balances in our parliamentary democracy would have long-term irrevocable impact that could ruin our country, as an unchecked government could turn draconian and kleptocratic.

We believe the government already has enough powers to handle the COVID-19 crisis and they do not need to resort to suspending Parliament through the Emergency Ordinance.

Like all Malaysians, we are extremely concerned with the devastating impacts of this pandemic - the loss of lives, livelihood and rapid erosion of our economy. Political stability is necessary for the government to steer us out of this unprecedented crisis, but stability must not be achieved at the expense of institutional checks and balances provided by Parliament and the Judiciary.

For these reasons, it is in the public interest that we undertook this legal challenge to allow the court to determine the constitutional powers of Parliament and the Judiciary in upholding our system of checks and balances.

We undertook this litigation in the public interest to defend the rule of law and the system of checks and balances and to seek the judiciary’s determination on issues related to the Emergency Ordinance.

Signed by:

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

2. Suara Rakyat Malaysia (SUARAM)

3. Center for Independent Journalism (CIJ)

4. Aliran

5. The Kuala Lumpur and Selangor Chinese Assembly Hall (KLSCAH)

6. Pergerakan Tenaga Akademik Malaysia (GERAK)

7. Save Rivers

https://aliran.com/newsletters/aliran-and-other-ngos-seek-court-declarations-on-emergency-ordinance/

https://www.theedgemarkets.com/article/seven-ngos-including-bersih-20-file-suit-state-emergency

Kenyataan Media Bersama

 

Academic Staff Association of IIUM

 STATEMENT ON THE NEED TO UPHOLD ACADEMIC FREEDOM

The Academic Staff Association (ASA) of the International Islamic University Malaysia (IIUM) would like to reiterate its stance on academic freedom which entails the right for academic members to voice their views and opinions. The 1997 UNESCO Recommendation concerning the Status of Higher-Education Teaching Personnel defines academic freedom as “the right, without constriction by prescribed doctrine, to freedom of teaching and discussion, freedom in carrying out research and disseminating and publishing the results thereof, freedom to express freely their opinion about the institution or system in which they work, freedom from institutional censorship and freedom to participate in professional or representative academic bodies.” The Ministry of Higher Education and Institutions of Higher Education should not be seen to curb this fundamental freedom.

Nonetheless, ASA IIUM would like to remind academic members to exercise this right responsibly and that their views and opinions can also be challenged.

ASA IIUM would like to note its concerns on the ‘policing’ of social media posting which can be ‘subjectively’ construed as not in favour of any parties and subsequently subjected to rigorous questioning and accusations of ‘insubordination’.

وَلَا تَقْفُ مَا لَيْسَ لَكَ بِهِ عِلْمٌ ۚ إِنَّ السَّمْعَ وَالْبَصَرَ وَالْفُؤَادَ كُلُّ أُولَٰئِكَ كَانَ عَنْهُ مَسْئُولًا

Do not follow blindly what you do not know to be true: ears, eyes, and heart, you will be questioned about all these [al-Isrā’/17: 36]

عَنْ أَبِي ذَرٍّ رضي الله عنه قَالَ: قَالَ لِي رَسُولُ اَللَّهِ صلى الله عليه وسلم: قُلِ اَلْحَقَّ, وَلَوْ كَانَ مُرًّا

Narrated Abū Dharr, Allah’s Messenger said to me: “Say the truth even though it is bitter (i.e. difficult to admit).” [Ibn Ḥibbān]

Academic Staff Association

International Islamic University Malaysia

Kenyataan PKAUM

 [07:50, 15/01/2021] Noraishah Um: JOINT STATEMENT BY PKAUM, KMUM, DEMOKRAT UM, GERAKAN PEMBEBASAN AKADEMIK (GPA), HARMONI MALAYSIA, ANGKATAN MAHASISWA UM AND UMANY IN RESPONSE TO THE 222 PhD HOLDERS STATING THEIR SUPPORT OF THE STATE OF EMERGENCY IN MALAYSIA

PKAUM, KMUM, Demokrat, GPA, HARMONI Malaysia, Angkatan Mahasiswa and UMANY are distressed by the statement in support of the state of emergency issued by the 222, intimating their intellectual superiority over other Malaysians on the basis of possessing a PhD qualification. In as much as the notion of freedom of expression is valued and held sacred by us, it is regrettable that the recent support of the 222 Pintar PhD holders has introduced a new division in this beloved country of ours.

A division of those with academic doctoral degrees apart from those with lesser or with no academic credentials whatsoever. This is indeed an alarming development in a country already torn apart along racial, economic and religious divides. We would like to remind every learned citizen of the important role they must play as the conscience of the nation. PhD holders working as academicians carry the heavy burden as bearer of the torch of hope based upon knowledge. The job of academicians is NOT to curry favours in exchange for promotion and career advancement. Instead what we see is a continuation and increase in numbers of sycophancy which began in March 2020. 

In these troubling and difficult times that the country is facing, it is paramount and most imperative for bright individuals and scholars to focus on studying, reasoning, developing and proposing solutions to take us out of the current dire straits thus elevating the country to a better condition for the benefit of each Malaysian. Who is in a better position to do so, other than those who have been trained to perform scholastic research, the degree the PhD was awarded for? Working together with everyone, including those without academic credentials but possessing the necessary experiences within all the relevant industries and sectors, positive proposals are most welcomed rather than harping on forlorn conclusions which are of no benefit, academically nor practically.

The Honourable Prime Minister has assured us that our lives will hardly be disrupted if we do not interfere with the running of our current government. Yet, the most vulnerable amongst the citizens of Malaysia bear the brunt of the consequences. Disabled children in Malaysia, both citizens and immigrants, are particularly at risk. They are currently denied their much-needed therapy during the MCO. Other vulnerable population include, those who suffer from chronic illnesses, the victims of the current floods, the women who are trapped at home suffering violence from perpetrators, the children who are unable to gain access to appropriate education, the workers who will lose more income during this emergency, the common person on the street who are all affected by the adverse effects on the economy. 

During a state of emergency, Parliament is not allowed to convene. The academics should therefore instead produce feasible solutions on how best to propel the economy further during this emergency, i.e. be the brains for the various possible solutions to protect our vulnerable population and help to rebuild our beloved nation. Therefore, the issue should not be nor should it revolve around the next General Election. In fact, academicians should be advocating for the people of the country and not the nation's politicians. The issue should be how do we save our beloved country from the scourge of Covid19 with the least disruption to the lives of the most hard-hit amongst the citizens of Malaysia.

The Declaration of the Academy of Medicine of Malaysia published on the 10th of November 2020 clearly stipulated that a transparent middle path would be best for Malaysia in overcoming the Covid19 scourge. We urge all academicians to do their jobs as effectively as possible and refrain from further ambiguous activities that will further mar the country's reputation globally. Let us all work together, hand in hand across all divides, to find solutions, beneficial to everyone.

 

Noraishah Mydin bt Haji Abdul Aziz, PhD
Secretary General
Academic Association of Universiti Malaya (PKAUM) 2020/2022

Muhammad Haziq Azfar Bin Ishak
President
Universiti Malaya Students’ Union (KMUM) 2020/2021

Farhan Amran
Koordinator
Demokrat Universiti Malaya

Yap Wen Qing
President
UMANY

Nik Azura Nik Nasron 
Chairperson
Gerakan Pembebasan Akademik

Usaid Asmadi 
Presiden
Persatuan Belia HARMONI Malaysia

Wan Afiq Ikhwan Wan Alias
Chairman
Angkatan Mahasiswa UM