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DAPSY had today sent a memorandum of protest to SUHAKAM concerning the threat made by Deputy Prime Minister, Datuk Seri Abdullah Ahmad Badawi to use the Sedition Act against groups who disagree with the government's decision on the usage of English for the teaching of science and mathematics


Media Statement
by
Loke Siew Fook

(Kuala Lumpur, Friday): DAPSY had today sent a memorandum of protest to SUHAKAM concerning the threat made by Deputy Prime Minister, Datuk Seri Abdullah Ahmad Badawi to use the Sedition Act against groups who disagree with the government's decision on the usage of English for the teaching of science and mathematics.

Besides myself, the DAPSY delegation comprises DAPSY National Assistant Organizing Secretary, Raymond Chong, DAPSY National Cultural and Social Affairs Secretary, Lim Ching How, DAPSY Petaling Jaya Division Chief, John Chung, DAPSY Bukit Bintang Division Chief, Ooi Leng Han and DAPSY Cheras Division Organizing Secretary, Ean Yong Hian Wah.

SUHAKAM Secretary, Mr. Kamaruddin received the memorandum on behalf of SUHAKAM and he said that the issue brought by DAPSY today will be discussed as one of the agendas at the monthly SUHAKAM's Commissioners meeting on next Monday, 11th November 2002.

The memorandum reads as follows:

Nov 8, 2002

Tan Sri Abu Talib bin Othman
Chairman
Human Rights Commission Of Malaysia (SUHAKAM)
29th Floor, Menara Tun Razak
Jalan Raja Laut
50350 Kuala Lumpur
Malaysia

Tan Sri,

Re: Memorandum of Protest to SUHAKAM

DAP Socialist Youth wishes to make a formal protest to SUHAKAM concerning the threat made by Deputy Prime Minister, Datuk Seri Abdullah Ahmad Badawi against groups who disagree with the government's decision on the usage of English for the teaching of science and mathematics.

Abdullah had on Sunday, November 3, 2002 issued a warning that those who continue to harp on the government's decision to use English to teach science and mathematics in schools will be charged with sedition.

Such remark is clearly unwarranted and outrageous and gives rise to serious implications as it involves the question of subversion of human rights and the rule of law, which SUHAKAM should rightly be concerned about.

Firstly, Abdullah's threat raises the issue of violation of human rights as freedom of speech and expression is a fundamental human right guaranteed to every citizen by virtue of Article 10(1)(a) of the Federal Constitution.

There is no justifiable reason to threaten groups who question the correctness of the government's decision on the usage of English for science and mathematics, particularly in Chinese primary schools, with sedition as all Malaysians are agreeable to the urgent need to restore English proficiency in schools.

Secondly, Abdullah's warning poses the question of undermining the rule of law as it usurps the sole discretionary power of the Attorney General under the Federal Constitution to decide on criminal prosecutions which should not be interfered with by any quarter.

Abdullah's remark that those who continue to disagree with the government's decision to use English to teach science and mathematics amounts to a threat to the Attorney-General's power to exercise his power impartially and independently since there has yet to be a policy decision that:

(i) the Attorney-General will automatically charge all those who continue harping on the government's decision to use English to teach science and mathematics in schools; and

(ii)any disagreement with the government's decision is ipso facto an offence of sedition.

DAPSY is deeply concerned about the silence of Suhakam on this serious issue as it involves the threat to use the Sedition Act to stifle legitimate criticism and dissent against the government's decision to use English to teach mathematics and science.

The Human Rights Commission Act 1999, under which Suhakam was established, envisions that Suhakam will play a pro-active role in coming forward in the defence of human rights whenever they come under threat and not to be a passive body, acting only when there are official complaints about human rights violations.

Section 4(2)(e) of the Human Rights Commission Act 1999 has specifically empowered Suhakam "to issue public statements on human rights as and when necessary", so that it could deal immediately with any development which poses a threat to human rights.

Considering the seriousness of the remark made by Abdullah, DAPSY therefore urges Suhakam to:

(i) Convene an emergency meeting involving its commissioners to deliberate the body's stand on this issue; and

(ii) To immediately issue a public statement thereafter stating its stand whether Abdullah's remark violates human rights and undermines the rule of law.

Suhakam's preparedness to take a public stand to defend human rights will be an acid test as to whether Suhakam can diligently and dutifully discharge its statutory duty to "protect and promote" human rights.


Yours faithfully,

Loke Siew Fook
Acting National Secretary
DAP Socialist Youth


(8/11/2002)


* Loke Siew Fook, DAPSY Acting National Secretary