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Signs of further diminishing freedom in our country are worrying. The Instant CafĂ© Theatre fiasco The sudden and shocking announcement of a blanket ban on performances by Instant CafĂ© Theatre is an example of the lack of understanding of and respect for the freedom of expression. Fortunately, in this instance the ban has been quickly revoked, thanks to the vocal and reasoned criticisms made by various bodies such as Suaram, Aliran, Hakam, Five Arts Centre and others. The pressure exerted by these organisations must be commended, and so must the receptive attitude of the Kuala Lumpur mayor. This incident shows the value of public opinion in the protection and promotion of freedoms. The “ISA 7” The trial of the “ISA 7” recently began, concerning a group of seven university and college students who took part in an anti-ISA demonstration in 2001. On the first day of the trial on 14/7/03, a group of students attempted to peacefully march to the courthouse to show their support for the “ISA 7”. However, they were prevented from doing so, and one of their leaders was arrested. This incident illustrates the narrow-minded and regressive curbs placed on the freedom of assembly and freedom of thought in this country. The existence of oppressive laws which curtail such freedoms, including the Universities and University Colleges Act, makes a mockery of our constitutional guarantees; and has been consistently criticised by the Bar Council. To make matters worse, the “ISA 7” have been suspended from their academic pursuits. The Education Minister is reported to have insisted that they apologize if they want to resume their studies. This unjustified denial of their right to education is an appallingly immature and high-handed act of arbitrary punishment. It is unacceptable that deprivation of education is used in an attempt to compel a superficial compliance of thought, something which occurs in autocratic societies but which should have no place in Malaysia. It is a wrong message to our younger generations if these students are summarily penalized for exhibiting no more than the trait of being thinking individuals. Refusal of permit for AWAM gathering Then there is the refusal by the police to issue a permit for a public gathering organised by the All Women’s Action Movement intended to allow concerned Malaysian citizens to publicly express their sentiments and views concerning rising crimes of sexual violence. The reason offered for the refusal of permit was the standard phrase of “security reasons”, without explanation or elaboration. This reflects the entrenched paranoia suffered by the authorities in relation to public gatherings. It is also an insult to public spirited Malaysian women (and men) to imply that their coming together in a matter of public interest can pose a security threat. This last episode must serve as a glaring reminder to every Malaysian citizen that one needs to come forward in the protection of every freedom of every individual, even where it involves a subject matter of little interest to oneself; for on a different occasion it will be the very same freedom that one may have to seek and rely upon in protection of one’s own legitimate right or liberty, but which one may find to have already been lost or eroded through public indifference or inactivity. The Bar Council implores all Malaysians to urgently take an active part in the promotion of all freedoms, and to arrest the negative trend recently illustrated. Dated 26th July 2003 Haji Kuthubul Zaman Bukhari
Chairman
Bar Council
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Circular No 110/2012: Seminar on Introduction to ICC Arbitration: An Insight into the 2012 ICC Rules
