The National Human Rights Society (HAKAM) is gravely concerned at the refusal by the Government of Malaysia and the Royal Malaysian Police to allow for the intended peaceable assembly of persons supportive of the cause espoused by the Hindhu Rights Action Force (HINDRAF) this Sunday. HAKAM is equally concerned at the measures aimed at preventing HINDRAF from continuing with the intended assembly including the arrest of three of the principal organizers and the procuring of a restraining order at large against all persons intending to assemble in support of the HINDRAF cause.
HAKAM believes that it is the right of every Malaysian to express his or her views in peaceable manner, no matter how unpopular those views may be. The right to assemble peaceably is a right guaranteed under the Federal Constitution. Though the Government and the Police are charged with the responsibility of maintaining public order, they are equally responsible for ensuring that citizens are free to express themselves. Peaceable demonstrations are universally recognized as legitimate means of expression. There is nothing to suggest that the HINDRAF assembly is intended to be anything other than a peaceable demonstration.
If the Government or the Police are concerned that there are elements that may lead to public disorder, then it is incumbent upon the Police to identify those elements and protect those who wish to assemble peaceably from them. Preventing HINDRAF and its supporters from assembling would only facilitate the purpose of those who wish to impede HINDRAF and its supporters. This would not only be unreasonable but would also render illusory the rights of assembly and expression.
In this vein, the preemptive measures should not have been taken. The situation did not warrant the obtaining of a preemptive restraining order.
Further, HAKAM deplores and condemns the invoking of the Sedition Act by the authorities. HAKAM views the Sedition Act as unconstitutional and as an outdated legislation that has no place in the modern progressive society that Malaysia is today. HINDRAF and its supporters have every right to express their dissatisfaction with the state of affairs even where such expression is not necessarily popular. Majority rule does not justify the denial of minority voices. The attempt to deny the minority voice in these circumstances only goes to reinforce belief that in Malaysia it is only the majority voice that matters. This is a belief that is unsupported in fact or law.
HAKAM urges the Police to allow HINDRAF and its supporters to assemble peaceably this Sunday and to protect them from untoward harm. HAKAM further urges the Police to exercise restraint and to not resort to force.
Malik Imtiaz Sarwar
President, HAKAM
24th November 2007
Voives of the minority must be heard just as the majority…
That’s democracy…
Dear fellow Malaysians,
It is indeed sad and disheartening to witness yet another episode of downright bullying tactics employed by the police and executive branch of the governent to brazenly trampled on our sacred human rights of minorities in Malaysia.
The selective prosecution and unjustified intimidation and obtaining of court warrant to preemptively prevent the planned peaceful rally of Hindraf on Nov. 25 just go to show that the government of the day is only paying lip service to the United Nations Treaty on Universal Declaration of Human Rights, of which Malaysia is a signatory.
As if the non-indigeneous Malaysians have not suffered enough under the affirmative programmes of NEP already, even our minorities’ legitimate voices are presently being stifled with the flimsiest of excuse.
I’m am totally supportive of the Hindraf Rally just to express a grassroot movement’s voices to a foreign government. It in no way manifestedly represents a threat to public order. There may be insidious elements trying to exploit the situation; therein lies the duty of the police to ferret out, prevent and . if necessary, detain those trying to disrupt the peaceful and law-abiding activities of minoroties to legitimately express and assemble as guarantee under the Federal constitution.
Lastly, to end my thoughts on this matter, I’d just like to paraphrase the quote of the great visionary American president, John Fritzgerald Kennedy, that :
If the few who are rich cannot help the many who are poor, then, the many who are poor justifiably cannot guarantee the safety and prosperity of the few who are rich.
This rallies that we have been having is a show of democracy. We are constantly surprised and brain wash by Umno that many have lost the passion of being a Malaysian. Regardless if it’s “Bersih rally†or “Hindraf ralliesâ€, we are all not happy with our current institution and we demand a reform. I have spoken recently to Chinese, Indians and the Malays and they all agree that BN, Umno have all glued their butts on their sits way too long and would not budge. Malaysia had the longest ruling prime minister( Mahathair) and the longest ruling party in the world. We don’t care if DAP or Parti Keadilan or even PAS will be able to rule the country well, we just want changes. The current politicians of ours are not doing a good job. Their ideas are old fashion and in consistent with globalization and not to mention narrow minded. If there are any Umno or BN politicians reading this, please for the sake of our country, step down. Let new generations with new ideas lead the way. NEP is not only paralyzing the country but it’s also leading the Malays backwards. “No pain no gainâ€. This phase has been with us for centuries with a reason.
I am a Malay and I’ve voted for DAP in the last election (Bukit Gelugor Parliamentary Seat). So did my both parents. And Karpal Singh won!
And we would have no problem voting for the opposition, whether DAP, PAS, Keadilan or even Independent in the next election.
The scene is cover with tear gas and police trying to massacre all these Malaysians in Kuala Lumpur,it is sad to see our fellow citizens are brutalized by the police just because they want to exercise their right in a democratic country, all these violences on them are unnecessary after all these suffering they gone through from discrimination to destroy of their temples in the hand of the government they elected.
Malaysians are losing their right every day by living in Malaysia especially among the minority,it is a classic example of following the foot step of Indonesia or Saudi Arabia by this Government.