When we are discussing the issue of political freedom, it is not sufficient for us to look solely only on the political entity. The discussion should include the effects of the enforcement of law towards the political freedom. A fact that cannot be denied is that when the authority had done some blocking to the political freedom, somehow it would affect the other aspects of fundamental liberties such as the freedom of speech and freedom of assembly.
This is because with politics, it is not only enough to mention that politics come with a situation where a citizen signing up the membership of a political party. It is beyond that. For instance, the limitations of political freedom may cause limited effects on right to speech or right to assembly. This matter can be seen in a situation where an academician does not have the freedom to give his academic opinions regarding certain issues that occurs locally or internationally.
The example given above is just an illustration to demonstrate that politics have a very big role and impact to the society. Its interruption may cause “chaos” in the community, and country as well. Politics deal with all aspects of life. Its effect can be seen in all the important matters such as the policy and arrangement made by the executive body of the country. The basic element of such these elements depends on the spirit and the mission of the political party.
This is the reason why the topic of political freedom is very important to be discussed. Since it involves such a great impacts to the other aspects of fundamental liberties. Here the provision in the Federal Constitution that can be mentioned is Article 10. In this provision, it mentions about the right and freedom of the Malaysian citizens to have the freedom of speech, assembly and association. We may discuss this provision one by one.
Article 10: Freedom of Speech, assembly and association.
(1)Subject to Clauses (2), (3) and (4) –
(a) every citizen has the right to freedom of speech and expression;
(b) all citizens have the right to assemble peaceably and without arms;
(c) all citizens have the right to form associations.
(2) Parliament may by law impose –
(a) on the rights conferred by paragraph (a) of Clause (1),such restrictions as it deems
necessary or expedient in the interest of the security of the Federation or any part thereof,
friendly relations with other countries, public order or morality and restrictions designed
to protect the privileges of Parliament or of any Legislative Assembly or to provide
against contempt of court, defamation, or incitement to any offence;
(b) on the right conferred by paragraph (b) of Clause (1), such restrictions as it deems
necessary or expedient in the interest of the security of the Federation or any part thereof,
or public order;
(c) on the right conferred by paragraph (c) of Clause (1), such restrictions as it deems
necessary or expedient in the interest of the security of the Federation or any part thereof,
public order or morality.
(3) Restrictions on the right to form associations conferred by paragraph (c) of Clause (1) may
also be imposed by any law relating to labour or education.
(4) In imposing restrictions in the interest of the security of the Federation or any part thereof or public order under Clause (2) (a), Parliament may pass law prohibiting the questioning of any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III, article 152, 153 or 181 otherwise than in relation to the implementation thereof as may be specified in such law.
The first part that we can discuss is about the issue of freedom of speech and expression. This matter can be seen as the most popular right that needed by the people. Since freedom of speech in theory may be considered as the best platform or medium for the people to express their own opinion and perspective towards what happens around them. However since laws like AUKU had been enforced, this right seems to be affected. It is because people or in this context, the university students seems do not have the platform to speak out what they think. This dilemma also affected the academician group of people. Even though it seems like the relationship between freedom of speech and AUKU is quite remote, somehow it still affects how the people manage to speak out their ideas.
The limitation of political freedom also may affect the right the citizen to assemble peaceably and without arms. This matter is quite controversial to be discussed but is very relevant towards the context of this country. It is because any planning made by certain organizations to held a peaceful assembly may be considered as not a peaceful one if those organizations consists of opposition side members. This idea cannot be used in a such modern civilization. It is because the form of check and balance cannot be done in the best way if all these rights had been blocked by the authority. This is not a political issue but this right might be desired by the current authority if they are in the position as the opposition in this country. So to be fair to everybody this right must be granted, and the exception is only if it happens to such the sensitive issues.
And for sure the provision of Article 10 (1) (c) which mentions about the right to form associations to all Malaysian citizens. This is the holy provision that allows the citizens to form or joining any associations that they like. It is a funny thing when we discuss about the enforcement of AUKU towards the local university students, but in overseas, the government party have their own club which is joined by the Malaysian students there. What makes these group of people have to be judged double standard in their political involvement. Another example that can be seen as funny is where a youth which do not enter any college or university for their tertiary education, they do not have any problem to join any political party. But for those who are students in universities or college, even though with similar age, their right towards the political involvement cannot be used. We also can see a situation where there is a high birocrasy obstacle when it involve with some political elements in regards of Society’s Act.
All the provisions stated above for sure is not against the law since it is allowed by the Federal Constitution itself in Article 10(2) which mention that parliament may have the right to restrict all these three rights from being used by the citizens in order to protect the security of the Federation, public order or morality. It is not a problem if all these restrictions been used to protect such indigenous elements in the Federal Constitution such as the position of Islam as the religion of the Federation or the position of the Malay rulers. But the important matter that need to be taken seriously is when all the freedoms laid down in Article 10 does not involve such sensitive matters but only include such check and balance system of the executive.
Article 10(3) which restrict the right to form associations conferred by paragraph C of Clause (1) may also be imposed by any law relating to labour or education. Here it is crystal clear mention that such law as AUKU is legal and valid in the eyes of the constitution itself. The only matter that can be discussed is about the relevance degree of this law. It is a debatable argument but still, as had been discussed above the issue is that such law intends to protect the security of the Federation or the security of the authority themselves. A point to ponder.
An issue that need to be discussed is whether all these restrictions are relevant enough to be used nowadays. As had been stated above, those restrictions are relevant to be used once it deals with the sensitive issues, however the most important thing is the authority must have a good consideration in determining the degree of “the dangerous” event. If it supposed for the benefit for the check and balance system of the government, the authority must provide a gentleman attitude in handling those issues.
In conclusion, the limitation of political agenda might cause some negative effects to not only the political freedom solely but also include the other rights such as those rights stated under Article 10 of the Federal Constitution. To be a gentlemen authority, the government must be brave enough to face to face with its own people in good way of course and not solely rejecting the peoples’ request.
*this article is written for International Conference regarding Political Freedom in Malaysia held at AIKOL IIUM on 1st March 2012 by me and Bro. Fuad Syazwan*
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