Press Statement by Agora Society on 22 August 2019 in Kuala Lumpur
Agora Society is deeply disappointed and frustrated at the summoning of five persons by the police for organizing and attending the anti-Lynas rally held in Kuantan last Sunday (17th August 2019). The decision of calling up both Pahang state assemblyperson Lee Chean Chung, Sim Chon Siang, Save Malaysia Save Lynas (SMSL) organiser Tan Bun Teet, SMSL legal adviser Hon Kai Ping and SMSL secretary Chu Seng Poon infringes the right of Malaysia’s right to peaceful assembly which is enshrined in the Federal Constitution. We send our deepest solidarity to the five attendees and demand the police to withdraw immediately any form of investigation on them.
The freedom to assemble peacefully is a right enjoyed by all Malaysians, and, incidentally, it is also the same reason used by various PH politicians to defend against their unjust arrest when the former BN government has gained the notorious reputation of detaining or charging peaceful protesters. The PH government has seemingly forgotten the right they were espousing strongly before this, and even PH state backbenchers are not spared from such meaningless investigations after the transition of power.
The latest decision on renewing the operating license of Lynas plant has indeed infuriated many Malaysians, especially the people of Kuantan, for going against a very consequential electoral promise made by PH. The latest poll conducted by The Oriental Daily and 988 radio station also shows that more than 90% of Malaysians do not support the further renewal of the Lynas plant’s license. Therefore, it is perfectly justifiable and morally legitimate for Malaysians to protest against a newly elected government’s broken promise. Some Agora’s members which were present during the rally could testify it was a protest that is as peaceful as a protest could be and its participants ranged from the elderlies to toddlers. Furthermore, it was held in a family friendly park. There is absolutely no reason to question the five persons for not having a peaceful assembly unless the government or police real intention was to stifle political dissent.
The organisers have also cooperated and fully complied with the regulations set forth by the Peaceful Assembly Act (PAA) 2012 by notifying the police 18 days before the protest – the PAA stipulates that the rally organisers need to inform the police 10 days in advance. However, the police’s pretext for investigating the 5 persons were the alleged failure to obtain permission from Majlis Perbandaran Kuantan (MPK) for the use of the Taman Gelora Park. Yet, SMSL organisers have at numerous occasions stressed that they have twice requested approval from MPK 21 days before the event but it was first rejected and subsequently ignored. Therefore, SMSL organisers were left with no choice but to proceed with the rally. Instead of investigating the organisers, the police should turn their attention toward MPK for failing to respond to the request of the organisers.
Agora Society would also like to take this opportunity to question the opposition parties BN, and especially MCA’s stance on this matter. Since MPK is still under the control of BN, there is no ground for MPK to not approve the use of Taman Gelora Park unless MPK aims to deter political dissent and is supportive of the license renewal of Lynas plant. If the latter were true, we question the sincerity of MCA’s latest stance on criticizing PH for flip-flopping on the Lynas plant issue, for they are equally complicit of not practicing what they preach.
Most of all, the buck stops at the federal government for ending this investigation and assuring future protesters could safely exercise their right to assemble. Agora society wishes to remind PH that the electoral support they have amassed which enabled them to form a government were no less derived from the series of political rallies which the public so enthusiastically supported despite the arrest threat from BN government. The amended Peaceful Assembly Act was not perfect yet it is an improvement for defending the right to assemble but investigations of this nature would render Malaysians once again feeling doubtful about the reform commitments of the PH government.
Finally, any form of political dissents would only increase if the government continues to blame the previous administration for its incompetency and not committed to fulfilling its promises while busying itself with petty politicking.
PH government should do well to remember on ceasing any means of stifling political dissent and instead focusing on fulfilling all that which has been promised to the people.
Agora Society Malaysia
22.8.2019
