CIVIL society organisations working on freedom of expression stand in solidarity with and applaud the organisers of the #Lawan rally for a peaceful and organised protest today. We condemn the investigation and arrest of protest organisers prior to the event, the authorities’ obstruction of the protest by setting up roadblocks and barricades, as well as threats by the police to take action against participants.

Freedom of assembly and expression are fundamental rights, and essential in ensuring government efficacy and accountability. These rights must be protected and upheld, and the pandemic cannot be used as a pretext to prevent people from exercising these important rights.

In recent weeks, Malaysia has experienced a soaring Covid-19 caseload, overwhelmed hospitals and many deaths. At the same time, livelihoods have been threatened and lost. The government declared an emergency, imposed draconian laws and suspended Parliament. In a functioning democracy, even during a pandemic, the people must be allowed to demand accountability from the government, including through peaceful protests by adopting appropriate public health measures.

Representatives from our organisations, which work to promote freedom of expression in Malaysia, were on the ground during the #Lawan protest today to monitor the rally and document any rights violations. The protesters demanded the resignation of Prime Minister Muhyiddin Yassin, a full Parliament sitting, and a moratorium on the repayment of all loans. They also highlighted the high Covid-19 death toll at the protest. The gathering ended peacefully around 12.35pm after organisers and the police instructed the crowd to disperse.

Our observers noted that all routes to Dataran Merdeka were cordoned off with barricades, and protesters were not allowed to access the square. Protesters therefore improvised, marching on the road near Dataran Merdeka and holding a sit-in protest instead.

Barring access to a public square constitutes a breach of the right to peaceful assembly. Protest organisers took proactive steps and issued detailed guidelines on Covid-19 standard operating procedure (SOP), including requiring protesters to double mask, practise social distancing, and sanitising their hands. To uphold the fundamental right of peaceful assembly while appreciating the gravity of the current pandemic, the police should have worked with the organisers to facilitate the protest. By barricading access to Dataran Merdeka, the police had in fact made it more difficult to comply with Covid-19 SOP by forcing protesters onto the road.

Our observers also noted excessive police presence in vehicles and on foot, including several armed police officers, the presence of a Black Maria vehicle, and a low-flying helicopter. Police officers in uniform and in plain clothes were also taking photographs and videos of protesters. These constitute intimidatory tactics that inhibit protesters’ right to assemble and, again, serve to obstruct rather than facilitate their peaceful protest. Surveillance of protesters impacts their freedom of expression and may also deter others from exercising this right.

The most egregious actions by the police were the arrests and investigations of protest organisers prior to the event, including the arrest and detention of 20-year-old activist Sarah Irdina, who was arrested under the draconian Sedition Act. The organisers of this protest consist of many young people, and we commend their passion and dedication for our country, as well as their capability in organising this peaceful protest, despite the continuous threat of investigation, arrest and detention.

Open dialogue, transparency, and accountability from public authorities are especially important during a public health crisis. Scrutiny and critique of government approaches in managing the Covid-19 outbreak — whether by journalists, human rights defenders, or others — promote accountability and foster better responses.

Background
Youth coalition Secretariat Solidarity Rakyat (SSR) announced on July 21 that it will be organising a protest at the Dataran Merdeka on July 31 to protest against the Perikatan Nasional’s administration and their handling of the Covid-19 response. It must be noted that the intimidation against the #Lawan organisers started even before the announcement.

•    July 17 – SSR held a protest at Dataran Merdeka. On the same day, Mohammad Lashari Abdullah, Mohd Asraf Sharafi Mohd Azhar, and Muhammad Nur Taufiq Azhar were investigated under Section 9(5) of the Peaceful Assembly Act and fined RM2,000 each under Regulation 10 of Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) (National Recovery Plan) Regulations 2021.

•    July 21 – SSR announced that the #Lawan rally will take place on July 31.

•    July 24 – Vehicle convoys drove through several cities in Malaysia to protest the government’s handling of the Covid-19 pandemic. Participants hung black flags outside their vehicles to call for the re-opening of Parliament, for an end to the state of emergency, and for the Prime Minister to resign. The following day, police called up 14 individuals for questioning at police headquarters in Brickfields, Sepang, and Melaka Tengah districts under Section 21A of the Prevention and Control of Infectious Diseases Act 1988. Those investigated include Suaram Coordinator Mohammad Lashari, Undi18 co-founder Tharma Pillai, and activist Nashita Md Noor. Police called 14 more individuals for questioning on July 26 and a six more individuals on July 27. These cases are also being pursued under the Prevention and Control of Infectious Diseases Act, with some individuals being investigated under Section 233 of the Communications and Multimedia Act as well for allegedly encouraging participants to join the protests.

•    July 28 – Muhammad Nur Taufiq was arrested and taken to the Dang Wangi police district headquarters under Section 4(1) of the Sedition Act and Section 233 of the Communications and Multimedia Act in relation to a tweet that invited the public to join protests.

●    July 29 – Sarah Irdina from the youth collective Misi Solidariti was arrested at her home where her family have also endured harassment by authorities. She was then detained overnight for 10 hours to be investigated under Section 4(1) of the Sedition Act 1948 and Section 233 of the Communications and Multimedia Act for a social media post that called for the public to participate in the #Lawan rally.

●    July 29 – Tharma Pillai, Afiq Adib, and Muhammad Alshatri were questioned under Section 505(b) of the Penal Code and Section 233(1) of the Communications and Multimedia Act.

Despite the intimidation and harassment from the police, SSR decided to continue with the protest and took many steps to make sure that the rally followed Covid-19 SOP. SSR also requested the Bar Council Human Rights Committee, Human Rights Commission of Malaysia and civil society groups that champion the cause of freedom of expression to send teams to conduct human rights monitoring during the assembly. The organisers also requested legal aid lawyers to provide legal representation in the event of arrests of participants.

Recommendations
We are deeply concerned with the Perikatan Nasional government’s abuse of draconian legislation and policies, as well as its unrelenting crackdown on all forms of dissent.  We have also observed the administration’s insidious reliance on Covid-19 and emergency laws when it comes to clamping down on dissent as well as its one-sided enforcement of said policies. The government’s Covid-19 policies are not applied in a just and equal manner, but have instead been weaponised against those who criticise the government of the day and its institutions. The combination of oppressive legislation and Covid-19 is lethal to democracy, freedom of expression, and the development of civic space.

As civil society organisations working on freedom of expression, we make the following calls of the Royal Malaysia Police, under the leadership of the Inspector General of Police, and other relevant authorities:

•    Refrain from initiating any criminal investigations, arrests or harassment against organisers and protesters that attended the protest today.

•    Drop all investigations and charges against the organisers and others with immediate effect. Instead, the police should take proactive initiatives to support and facilitate the right to freedom of assembly and offer protection. We would also like to remind the IGP that the police force is supposed to remain independent in carrying out its service to the people. The police force’s actions, responses, and activities must be guided by international human rights standards to avoid any adverse effects on the people’s fundamental rights and liberties.

•    Cease all heavy-handed tactics and stop targeting peaceful protesters and government critics. These actions will have long-term detrimental repercussions on the democratic progress and civic space. Malaysian authorities should instead take concrete steps to respect, protect, and fulfil Malaysia’s international obligations by providing rallygoers the space to assemble peacefully and to facilitate gatherings that are safe, while observing social-distancing rules, as endorsed by the World Health Organisation.

This statement is signed off by the following civil society organisations:

1. Amnesty International Malaysia
2. ARTICLE 19
3. Centre for Independent Journalism
4. Freedom Film Network 
5. Gerakan Media Merdeka 
6. Justice for Sisters
7. KRYSS Network
8. Sisters in Islam
9. Suara Rakyat Malaysia – July 31, 2021.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.