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Malaysia: Political repression continues despite historic election

Updated: 2 April 2008

Demonstrators run for cover as riot police fire water cannon into the crowd in the Masjid Jamek area of downtown Kuala Lumpur, 10 November 2007. Malaysian police unleashed tear gas and water cannons on protesters 10 November as tens of thousands defied a government ban and rallied in the capital calling for clean elections. Some 30,000 demonstrators massed outside Malaysia's royal palace, led by opposition leaders including dissident former deputy premier Anwar Ibrahim, as they faced off against hundreds of riot police.

STR/AFP/Getty Images

In the fall of 2007, massive peaceful demonstrations, led by prominent politicians and human rights defenders, took place in Malaysia, followed by a violent crackdown by police and government. Since then, the political balance of power has shifted in Malaysia, giving rise to increasing calls by many Malaysians for an era in which human rights are promoted and protected.

A historic election took place on March 8. Many opposition parties' candidates were elected. The ruling coalition was stripped of its two-thirds majority in Parliament (though it retains its ruling position), with the result that it will no longer be able to freely amend the Constitution, as it has some forty times since independence in 1957. Opposition parties gained control of five state assemblies. Former prisoners of conscience have been elected, including TIan Chua, Lim Guan Eng and Lim Kit Siang. Former prisoner of conscience Anwar Ibrahim (who was barred from contesting the election) called the result "a new dawn for Malaysia". Lim Guan Eng, newly-elected Chief Minister of Penang, pledged to "lead the people's movement of change...towards a functioning democracy with checks and balances".

However, newly-elected State Assemblyman M Manoharan remains in detention, despite calls for his release to enable him to take his seat in the Selangor Legislative Assembly. He and four other leaders of the Hindu Rights Action Force (Hindraf) have been held without charge or trial under the Internal Security Act (ISA) since 13 December 2007, following their peaceful demonstrations for human rights for Malaysia's ethnic Indian minority. The ISA permits indefinite detention without trial. The ruling coalition's Home Affairs Minister, Syed Hamid Albar, refused to release the five ISA detainees because "We have to give priority to public safety and peace and will give due consideration only if there is no threat to national security". The five are detained in Kamunting Detention Centre, which holds all ISA prisoners. They are:

P. Uthayakumar, 46, Hindraf legal advisor and human rights lawyer. He is also legal advisor to Police Watch and the Human Rights Committee. He was also charged with two counts of sedition.

M. Manoharan, 46, human rights lawyer and legal advisor to Hiindraf. He had represented other Hindraf members when they were charged with sedition.

R. Kenghadharan, 40, Hindraf legal advisor.

V. Ganabati Rao, 34, Hindraf legal advisor.

T. Vasantha Kumar, a Hindraf coordinator and senior executive at Malaysian Building Society Berhad.

Amnesty International continues to call for their release and for amendments to the Police Act to remove the requirement of a police permit for public assemblies. Further, AI calls for the implementation of earlier recommendations to the government by the government-appointed National Human Rights Commission (SUHAKAM) and by the Royal Commission on the Police. Both bodies had called for changes to restrictions on freedom of assembly.

TAKE ACTION:

Please write a courteous letter calling for:

WRITE TO:


PRIME MINISTER
Datuk Seri Abdullah Haji Ahmad Badawi
Prime Minister's Department
Federal Government Administration Centre
Bangunan Perdana Putra
62502 Putrajaya
Malaysia
Tel: + 60 3 8888 8000
Fax: + 60 3 8888 3444
E-mail: ppm@pmo.gov.my
Salutation: Dear Prime Minister

COPIES TO:


INSPECTOR GENERAL OF POLICE
Musa Hassam
Ketua Polis Negara
Ibupejabat Polis Diraja Malaysia
Bukit Aman
50502 Kuala Lumpur
Malaysia
Tel: +60 3 2262-6310
Fax: +60 3 2273-1326/2272-2710
Email: rmp@rmp.gov.my
Salutation: Dear Inspector General

MINISTER FOR HOME AFFAIRS
Syed Hamid bin Syed Jaafar Albar
Blok D1, Parcel D
Pusat Pentadbiran Kerajaan Persekutuan
62546 Putrajaya
Malaysia
Fax: +60 3 8889 1613
Salutation: Dear Minister

SUHAKAM
Human Rights Commission of Malaysia
Tan Sri Abu Talib Othman
Chairman, Human Rights Commission of Malaysia
Level 29, Menara Tun Razak, Jalan Raja Laut,
50350 Kuala Lumpur, Malaysia.
Fax: +60 3 26125620
E-mail: admin@suhakam.org.my, humanrights@suhakam.org.my
Salutation: Dear Commissioner

HIGH COMMISSIONER OF MALAYSIA
His Excellency Dato Dennis Joachim Ignatius
60 Boteler Street
Ottawa, Ontario K1N 8Y7
Fax: 613 241 5214
E-mail: malottawa@kln.gov.my
Salutation: Your Excellency

Please send any responses received to Margaret John, Coordinator for Singapore and Malaysia, via the National Office:

Amnesty International
312 Laurier Ave East
Ottawa, ON
K1N 1H9
Fax: 613 744-2411
E-mail: malaysiasingaporecoordinator@amnesty.ca

FURTHER BACKGROUND:

In November and December 2007, tens of thousands of Malaysians took part in peaceful marches, calling for free and fair elections, human rights and an end to economic and other discrimination against ethnic Indian Malaysians. Among prominent opposition party politicians who led the marches were Anwar Ibrahim, Lim Kit Siang and Lim Guan Eng - all three former prisoners of conscience. The demonstrations were held despite a lack of the required police permit for public gatherings. The political climate in Malaysia became extremely tense as the government became more intolerant of public assemblies that addressed political issues - and in the lead-up to the March 2008 elections.

Police used excessive force against peaceful demonstrators, who were subjected to water cannons, tear gas, batons and (at least in one march) live bullets, resulting in injuries to a number of participants. Hundreds were arrested, despite the constitutional guarantee that "all citizens have the right to assembly peacefully and without arms". Most were later released. Many demonstrators were charged with illegal assembly, carrying the potential for imprisonment up to two years.