Dissent is a democratic right

Perspective News - Sunday December 16, 2007

EDITORIAL

Dissent is a democratic right

The detention in Malaysia on Thursday of five lawyers accused of sedition and acts meant to harm the government signals a turn for the worse in an already volatile situation. The lawyers, all members of the Hindu Rights Action Force (Hindraf), were detained under the country's Internal Security Act, the first time the measure has been used since Prime Minister Datuk Seri Abdullah Ahmad Badawi took office.

While perhaps not altogether unjustified, this action is worrying as it comes during a time of increasing civil tensions and a corresponding intolerance to freedom of expression.

There are two main components to the tensions. One is a movement spearheaded by Hindraf, which is charging discrimination against the large ethnic Indian community. Hindraf is loosely associated with a wider movement called the Coalition for Clean and Fair Elections (Bersih) which is calling for transparency and freedom of opportunity for all parties in the upcoming election, now set for some time early next year.

Since September, both groups have staged large protests in Kuala Lumpur, and the government has responded by clamping down on all "illegal assemblies" and arresting key members of both groups.

The arrests of the Hindraf leaders are in response to comments made at several large rallies and also to a memorandum sent by the group to British Prime Minister Gordon Brown, charging the government with cruelty against the Indian minority and with ethnic cleansing. Although there is undoubtedly discrimination against Hindus and other non-Muslim religious groups in Malaysia, the charge of ethnic cleansing is certainly unsubstantiated. The group's leaders should be aware that making such charges is counterproductive to their cause, as it is likely to leave most Malaysians angry rather than sympathetic.

It can be argued that the memorandum was meant to harm the image of the government, but on the other hand, there seems to be a real question as to whether members of the organisation have been involved in actual acts of sedition, which is defined as conduct or language inciting rebellion against the authority of the state. Certainly all protests are rebellious to some degree, but evidence has not been forthcoming that any of the leaders actually called for violence against the state, or have connections to terrorist organisations, as alleged. In any case, there is no need to deny the accused the right to a trial.

The government's actions are even more suspect in regard to the arrest of a number of peaceful protesters at Bersih-initiated rallies. The Inter Press Service News Agency (IPS) reports that on World Human Rights Day, December 10, 23 human rights lawyers, activists and opposition politicians were arrested for taking part in peaceful protests.

Most of those arrested were from a small group which decided to press on after a large rally and march in downtown Kuala Lumpur was called off following warnings that demonstrators would be dealt with harshly by the authorities.

Speaking later of the arrests, Prime Minister Abdullah said, "If the choice is between public safety and public freedom, I do not hesitate to say that public safety will always win."

According to the IPS article, however, observers said the marchers were out-numbered by police 5-to-1. It is difficult to see how they could have constituted a threat to public safety.

However uncomfortable public demonstrations may be for elected officials, it is almost always better to allow citizens to vent their frustrations as long as they remain peaceful. Suppressing dissent will only hurt the Malaysian government's image in the eyes of its people and the international community.

Bangkok Post