The members leagues of FIDH condemn the ongoing crackdown on human rights defenders and ordinary members of the public in Malaysia that began on 18 May 2013 and has escalated just as FIDH is holding its 38th Congress in Istanbul. This crackdown is apparently aimed at stamping out opposition to election fraud and violence during the recent general election. The crackdown it has so far, featured murder, violence, arbitrary arrests, hate speech, disruption of peaceful assemblies and censorship on media targeting human rights defenders and opposition leaders, as well as selective deployment of laws that contravene international human rights standards.
Malaysia’s 13th General Elections (“GE13”) concluded on 5th May 2013. Arguably the most intense election in Malaysian history, the election period saw heightened political violence namely bomb blasts at campaign sites, a murder of an Opposition campaigner and various forms of harassment of human rights defenders and opposition leaders.
The outcome of the GE13 was marred with electoral fraud, phantom voters, irregularities of the electoral roll and the indelible ink which was not indelible. FIDH notes that opposition parties are in the midst of filing 27 Election Petitions to the High Court challenging the results and paving way for by-elections in the constituents and affected seats. This challenge is taking place in tandem with public denunciations of the Election Commission’s (“EC”) for its contradictory responses to legitimate complaints of vote rigging which comprised both blanket denials AND mild promises to investigate complaints.
The authorities have used repressive legislations namely the Sedition Act 1948, the Peaceful Assembly Act 2012, the Penal Code and the Printing Presses and Publications Act 1984 as tools to suppress legitimate dissent of voters, human rights defenders, and leaders of the Opposition while government-friendly individuals remain unscathed despite their racist and seditious statements.
Violence from pro-Barisan Nasional groups erupted in Penang (in the Northwest coast of Peninsular Malaysia) on at least two occasions. On 9th May 2013, a group of multiracial students intending to hand over an anti-racism memorandum was attacked by a group of racist mobs hurling racist and derogatory remarks to them. Similarly, supporters who had held a candle light vigil for Adam Adli were physically attacked by an unknown group of mobs who had informed the police and falsely accused the supporters for possessing weapons including hand guns. On 22nd May, SUARAM Penang’s Sean Ho and student group DEMA’s Saw Jia Ying were hit by motorcycles after being chased by the bike gang for some distance. Many supporters suffered bodily injuries.
Seditious statements from public officials continue to be tolerated by the government. In addition, publications are subjected to censorship and seizing. Thousands of copies of PAS’ Harakah, PKR’s Suara Keadilan and DAP’s The Rocket were seized in several States. Officers from the Home Ministry had not only seized the publications but also raided the vendors’ stalls.
The members leagues of FIDH therefore urge the Malaysian authorities to take all necessary measure to prevent violence, promote and protect the fundamental rights of individuals and to consider that all human beings are equal before the law. FIDH and his leagues also request to Malaysian authorities o comply and uphold the provisions in the United Nations Declaration on Human Rights Defenders1 in particular Articles 5, 6, 9, 10, 11,18 and the International Convention on the Elimination of All Forms of Racial Discrimination in particular Articles 2(1)(a)2, 2(1)(b)3 and 4(c).
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