Malaysians must not forget history or the fundamental constitutional and nation-building principles agreed on the founding of the nation 45 years ago if our children and children’s children are not to lose their full citizenship rights

(Kluang, Monday): There had been five unlawful police arrests, involving 32 victims, in connection with the “No to 929” campaign in the past three  months, all under the Sedition Act 1948, but no one has been charged in court to date – including the disgraceful episode on Friday  at the  Klang Magistrate Court when the six DAP officials arrested in Pandamaran on August 25 and the six bailors had to release themselves when the police did not turn up in court as required by the RM1,000 police bond. 

DAP leaders and  activists do not  want to be arrested, but we cannot allow any police abuse of power and violation of human rights to cow us into submission or intimidate us from discharging our legitimate political and constitutional rights. 

The Deputy Prime Minister and Home Minister, Datuk Seri Abdullah Ahmad Badawi should present a Ministerial statement in Parliament on  the 32 wrongful arrests and  police abuses of power and violation of human rights in criminalising peaceful and legitimate political activities like the DAP’s “No to 911, No to 929, Yes to 1957” People’s Awareness Campaign. 

In his Ministerial statement, Abdullah should in particular explain: 

• what actions he had taken to check police abuses of powers and violation of human rights in the five episodes totaling 32 wrongful arrests in connection with the DAP’s “No to 929” campaign in the past three months; 

• what disciplinary actions have been taken against police officers responsible for such abuses of power and violation of human rights in making the 32 wrongful arrests; 

• what action he has taken to instil and inculcate in all police officers full respect and sensitivity of human rights, whether he proposes to introduce compulsory human rights education for all police officers; and 

• what assurance he could give to ensure  that there would be no repetition of false and wrongful arrests of DAP leaders and activists for carrying out peaceful and legitimate political and constitutional activities like the “No to 929” campaign. 

The DAP’s “No to 911, No to 929, Yes to 1957” People’s Awareness Campaign is not a seditious or subversive campaign. On the contrary, it is a nationalist and patriotic campaign to defend and uphold the 1957 Merdeka Constitution, the social contract and the 1963 Malaysia Agreement that Malaysia is a democratic, secular and multi-religious nation with Islam as the official religion but Malaysia is not an Islamic State, whether UMNO Islamic State or Pas Islamic State. 

This is a fundamental constitutional position which had been declared by the first three Prime Ministers, Tunku Abdul Rahman, Tun Razak and Tun Hussein Onn and upheld by the highest court of the land.  If the “No to 929” campaign is seditious, then we have a seditious Constitution, three seditious Prime Ministers and a seditious judiciary as well – which are clearly impossible and unthinkable. 

Many Malaysians have forgotten the 1957 Merdeka Constitution, the social contract and the 1963 Malaysia Agreement and the “No to 929” campaign is aimed at giving all Malaysians 45 years after independence a refresher course about the  fundamental constitutional principles and the nation-building cornerstone for a plural Malaysia. 

I have here  a sheaf of documents which are constitutional and historic evidence to prove that  the “No to 929” campaign is fully in line with the fundamental constitutional and nation-building principles of the country, viz: 

• Extract from the Reid Constitution Commission Report 1957, paragraph 169 on “State Religion” that Islam as the official religion “shall not imply that the State is not a secular State”. 

• Extract from Cobbold Commission  Report 1962 on the assurance from the two Malayan members (Wong Pow Nee and Ghazalie Shafie) to the people of Sabah and Sarawak that Islam as the national religion for the Federation “in no way jeopardizes freedom of religion in the Federation, which in effect would be secular’. 

• The Star  report of  9^th Feb. 1983, with the headline “Don’t make Malaysia An Islamic State: Tunku” on the Tunku’s speech at his 80^th birthday party, which stated: 

“Kuala Lumpur, Thurs – Malaysia should never be turned into an Islamic state, former Prime Minister Tunku Abdul Rahman said tonight. 

“He said that Malaysia was set up as a secular State with Islam as the official religion and this was enshrined in the Constitution. 

“’The Constitution must be respected and adhered to.  There have been attempts  by some people who tried to introduce religious laws and morality laws. This cannot be allowed. 

“’The country has a multi-racial population with various beliefs. Malaysia must continue as a secular State with Islam as the official religion, he advised UMNO. 

“The Tunku was speaking at a birthday party hosted by the Barisan Nasional at Wisma MCA here.” 

• The Star  report of  13^th  Feb. 1983, with the headline “Hussein Says No to Islamic State Too”  on the occasion of his 61^st birthday, which stated: 

“Kuala Lumpur, Sat – Former Prime Minister Tun Hussein Onn has supported Tunku Abdul Rahman’s view that Malaysia should not be turned into an Islamic State. 

“Tun Hussein said today that any move of this kind was neither wise nor practical. 

“’The nation can still be functional as a secular State with Islam as its official religion,’ he said.” 

• The Star  report of  11^th  Feb. 1983, quoting the Deputy Prime Minister, Datuk Musa Hitam as supporting Tunku Abdul Rahman’s call not to turn Malaysia into an Islamic State when replying to a question at a luncheon given by the Foreign Correspondents’ Association in Singapore. Asked whether the government agreed with Tunku’s statement that Malaysia cannot be an Islamic State, Musa said: “The Tunku was reminding the Government. He is an elder statesman. We respect his judgement.” 

• The Utusan Malaysia editorial dated 10^th February 1983 under the heading “Malaysia Negara Sekular” expressing full endorsement to Tunku’s statement that Malaysia must not be turned into an Islamic state and should continue as a secular state. 

The editorial said: “Tunku serta beberapa pemimpin berikutnya telah membuktikan yang masyarakat Malaysia sebenarnya memerlukan sebuah negara secular dengan Islam sebagai agama rasmi. Dengan corak sedemikianlah negara kita mencapai kemajuan yang mengkagumkan dunia luar dan kita sendiri. 

“Nasihat Tunku ini sangat kena pada masanya kerana sejak akhir-akhir ini kita mendengar bermacam-macam keghairahan timbul di kalangan pemimpin dan rakyat yang mahu menukarkan undang-undang negara ini kepada undang-undang Islam dan menjadikan Malaysia sebagai ‘Islamic state’.”

Malaysians must not forget history or the fundamental constitutional and nation-building principles agreed on the founding of the nation 45 years ago if our children and children’s children are not to lose their full citizenship rights.

(9/9/2002)