To lend support to the 4 UKM students facing charges of alleged violations under the unconstitutional section 15(5((a), University Colleges & Colleges Act, 1971, sign the online petition HERE.
A detailed explanation of the case, from Facebook, is reproduced below.
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Recently, four students from Universiti Kebangsaan Malaysia were charged under the Universities and University Colleges Act 1971 (UUCA) for showing sympathy or support towards a political party. They were caught with “campaign materials” that expressed support or sympathy to Pakatan Rakyat during the Hulu Selangor by-election where the rakyat of Hulu Selangor had a major party with tons of freebies, complete with police raids and posters of people having a cold one, which sounds a lot like a night at Zouk, minus the hipsters. Unless you count the erroneously labeled “first lady” as being hip. She has quite the following.
These students are now awaiting trial in their university’s very own tribunal which does not allow for proper legal representation. Expulsion from their studies would be the heaviest sentence, which in this case, is quite likely since these students are heavily involved in spearheading student movements related to political activism and to take them out would be to, at least in their view, stunt the growth of such radicalism and deviousness.
One of the said students came out to say, in his defence, that he was merely in Hulu Selangor to observe the process of an election on the ground as an invaluable experience to his field of study, Political Science and that he obtained prior permission, albeit indirectly, from his lecturer.
Now, let us all be honest here since we rarely are. Let us not hide behind this cloak of “for purposes of academic studies” as allowed for under the UUCA. For if we do that, every time a case like this appears, we tend to be more reactive than proactive. When one is reactive, one merely saves a few lives in the present. When one is proactive, one can prevent such things from happening again in the future thereby according students’ more freedom in the form of ideas, expressions, and actions to contribute to a healthy and thriving democracy.
The question here should then be: What exactly is the problem of having students participate in such political activities, even to the extent of supporting or campaigning for a political party?
The answer is – a megaton of problems – to those in power, that is. There is a reason why these university students are treated like criminals while doing exactly what a good student ought to be doing. It is because of fear – and I dare say the fear is justified. The powers-that-be fear the ability of bright, intelligent and passionate young minds for they might change the status-quo and those in power may no longer hold on to it.
They know the weak, corrupt, and unjust among them shall fall if the students manage to rise, to speak, be heard and the worst fear of them all, be understood. All those arguments on separating students from politics to avoid them from straying from their studies are unfounded. In the 60’s and 70’s, some of the best students were political and social activists which included the likes of Khong Kim Hoong and Syed Hamid Ali in Universiti Malaya; even the UKM 4 who are currently being charged, are not your average students. Those arguments are simply brought forth to suppress student activism. Fellow students and youths, do not fall prey to these lies.
The last I heard, we were all still living in a country where the Constitution, and not Parliament, is supreme, despite what people may like to believe. The student movements in the country have been saying that the charges against the UKM 4 students are unconstitutional based on Article 119 whereby every citizen above 21 years of age has the right to vote and with that, comes the implied right to express and participate in politics. Now, I am no law professor or Malik Imtiaz, but I would go on further to say that the UUCA violates Article 10 of the Federal Constitution.
Article 10 allows for freedom of speech and expression except ONLY on 8 grounds which the Parliament may make laws on. These 8 grounds include national security, international relations, public order, morality, protection of privileges of parliament or provide against contempt of court, defamation or incitement to any offence.
Now, carefully look at those grounds and you will find that participation in politics, of which everyone is allowed to except university students, apparently, do not come under any of those grounds. So the section in UUCA where it states that students are not allowed to sympathise, criticize or show support for any political party should be unconstitutional and therefore invalid. Unless of course someone has mistaken national security for government security. Some of you might be confused already.
A student leader in a recent press conference said that if students cannot be around the locations of by-elections as was directed by the Minister of Higher Education, then at the next general election, maybe the Ministry should fly all the University students out of the country. Because if they won’t, Air Asia will – albeit at a small but very reasonable price.
We also need to wonder why the only student activists caught are only from one side of the political divide. Police acting as the state’s machineries to curtail opposition? Don’t be ridiculous! On a more serious note, we have to acknowledge that such a case involving the UKM 4 is not something frivolous.
These students may actually lose their degrees which they have worked so hard to earn, because of being in the right and this is the ticket to their future lives and means of living being taken away from them. It would also be a crying shame to lose such students with something more to give to society than just being mere human capital as many are these days, feeding blindly the mouth of capitalism.
Fellow youths, stop listening to the idea of youths and belia that those telecommunication companies, corporations, and government are propagating. You will only end up losing more prepaid money. Fellow students, we are the threat that could bring change to this country – let us relive the days of student activism.
Let us not fear them the way they fear us and even if we do, let it not be greater than theirs. Our greatest enemy is not them, it is apathy. Do not let them hijack your nation. Come and answer the call to solidarity for our fellow students and demand the charges against the UKM 4 to be dropped. Make no mistake, this is a call to arms, but we use no weapons, except those contained in the hearts and minds of the young.
Flyer168
May 31, 2010
Dear Haris,
Another great initiative by you – syabas.
First we have to defend their case to enable them to continue their studies towards their degree.
In tandem, to be proactive in getting a National Referendum to have the Universities and University Colleges Act 1971 (UUCA)in sync with the Article 10 of the Federal Constitution.
Just to share this with you…Since 2007.
Amnesty International Malaysia – Malaysia: 50 years after Merdeka
http://www.aimalaysia.org/index.php?option=com_content&task=view&id=264&Itemid=46
Malaysia: 50 years after Merdeka
Friday, 31 August 2007
Restrictive laws continue to undermine human rights
For the last 50 years, voices within Malaysia have expressed concern that a legislative and administrative structure was emerging which posed a grave threat to the rights and liberties safeguarded in the Malaysian Constitution and under international human rights law.
There has been an incremental development of an array of preventive detention laws and other restrictive laws of which were inherited from the British former colonial government, which have allowed the authorities to deny, or place unjustified restrictions upon, the enjoyment of fundamental human rights. These laws have affected many Malaysians and it has created an intimidating effect on political life and the development of civil society in Malaysia.
Current developments also show how institutions of the state, including the Royal Malaysia Police, the Attorney General’s Chambers and the Judiciary appear at times to have come under the improper influence of the Executive, and to have failed to robustly defend constitutional principles and to uphold respect for human rights. Amnesty International is raising these concerns once again as the nation celebrates its 50th Anniversary and calls for reforms to improve the human rights situation in the country….
The Universities and University Colleges Act 1971
The Universities and University Colleges Act (UCCA) was enacted in 1971 primarily to provide an administrative basis for the establishment of new universities. However, in 1975, the government introduced a range of amendments imposing stringent restrictions on students’ rights to freedom of association and freedom of expression. Many students and academic staffs have fall victim from this act over their legitimate political activities.
RECOMMENDATIONS
Amnesty International therefore in conjunction with Malaysia’s 50th Anniversary calls upon the Yang Di-Pertuan Agung to revoke all existing Proclamations of Emergency in Malaysia.
Amnesty International is concerned that the Malaysian Constitution, as currently amended, does not provide adequate safeguards for the protection of the human rights it enshrines. The organisation recommends that all necessary measures are taken to ensure:
That provisions relating to human rights in the Constitution are strengthened, and that all limitations on rights which negate the right itself and do not conform to international standards, are removed;
The absolute protection of certain rights at all times, including the right not to be deprived of life arbitrarily, freedom from torture and ill-treatment, and guarantees of fair trial;
That any limitations on rights are subject to specific criteria, including what is proportionate, legal and legitimate under national and international law, and should be subject to the scrutiny of the courts.
Amnesty International is also concerned that a body of emergency legislation, which places, unjustified restrictions on the enjoyment of fundamental human rights. Amnesty International therefore calls for all preventive detention legislations to be repealed. We also call for all emergency laws specifically the Emergency (Essential Powers) Act 1979 and all Regulations and Rules made there under be repealed.
Amnesty International is concerned about other legislation that allow for government officials to violate human rights relating to the peaceful exercise of freedom of expression, association and assembly. The organisation urges that such restrictive laws, including the Sedition Act, the Printing Presses and Publications Act, the Societies Act, the Universities and Universities Colleges Act, the Police Act and the Penal Code be reviewed with a view to reform. The organisation believes that clauses that may lead to violations of human rights should be removed, or amended to ensure that vague or ambiguous language does not lead to human rights violations. Reforms should also include the right to challenge administrative decisions made under a number of these laws, including before a court of law.
We urge the government to make these changes in the spirit of Merdeka.
Josef Roy Benedict
Executive Director
Amnesty International Malaysia
Cheers.
nan
May 31, 2010
Salaam & well wishes greetings to all,,
The four should be freed at all costs. Their intellectual presence in the Universiti, is tantamount for their natural reactions to the oppressed citizens to receive alternative news on the current issues in this country.
Wassalam
U-Jean
June 2, 2010
I’ve signed it already but what will become of the petition?
Navi
June 2, 2010
Looks like the whole lot of Mahasiswas have no balls to fight for their fellow students. Reflects on what the Universities Act has done.
We are all for the petition.
Thank you Haris.
The Tinker
June 3, 2010
This whole issue has indeed been interesting and I’m looking at it in a whole new light.
Truth to be told, I never bothered nor did I question the UUCA concerning students being involved in politics as at first it sounded fairly reasonable to me – that students shouldn’t be involved in politics of any form seemed a good way to avoid students losing focus of studies and prevent the politicising of matters or issues in campus. In short, I agree that campuses should remain politically neutral areas. Not that one should not haave any stand on which party he/she supports, but rather about keeping things in perspecitve.
Back to the issue, however, it does seem paradoxical that while the government is calling for the people to exercise their right to vote yet at the same time there are these limitation on students to be involved in politics, which in broadest sense, includes voting, which in turn, is a political act, is it not?
It is, therefore, utterly unfair for these students to be put on the tribunal for their so called “involvement”, what more a political science student. It is akin to telling a bird not to fly. The authorities might as well ban students who are eligible going to polls to vote when the next general election comes.
I wonder who are the immature ones?