Media Statement – 29/6/2024
What 3R issue did Mukmin, who highlighted plight of Bajau Laut, justify the usage of Sedition Act?
When Sedition Act used, inform suspect of which of the Section 3(1) seditious tendency it is, not just the Section 4 offence that is vague
When Human Rights Defender Mukmin Nantang, that highlighted the recent Bajau Laut evictions, was arrested and investigated under Sedition Act, was it about the 3R issues (rulers, race, religion) or some other offence under the Sedition Act?
If anything, it may be a criticism of the State authorities that were responsible for the questionable eviction of hundreds of Bajau Laut people from their homes in the Semporna district in Sabah, where houses were also burned by the authorities.
The government has assured us that Sedition Act would only be used for 3R issues (rulers, race, religion), not for criticism of government.
Prime Minister Anwar Ibrahim said in September 2023 that "I do not agree that the Sedition Act should be used against those who criticize the prime minister and the government, but we will not tolerate anyone who tries to incite or slander to the point of touching on the 3R issues (rulers, race, religion) ... let the police take action.” (Malaysia Now, 4/9/2023)
So, did the police act use the Sedition despite the government assurance that it will not be used safe for when it concerns 3R?
MADPET (Malaysians Against Death Penalty and Torture) has previously called for a moratorium on the use of the Sedition Act pending abolition.
At least a moratorium on the use of the Act save for 3R issues. Clearly assurance or vague representations by the Prime Minister or government is not enough to stop the police from using the Sedition Act not just for 3R crimes.
A suspect right to know the specific section of the Act violated – just saying Sedition Act is wrong
When the police arrest, it is required that the police inform the suspect CLEARLY what the alleged offence is including under what Section of a particular Act. The police cannot simply say vaguely under that the offence is investigated under an Act like Penal Code or under Sedition Act.
‘He [Sabah Police Commissioner Datuk Jauteh Dikun] added Mukmin was investigated under the Sedition Act on issues relating to the demolition of squatter homes…’(Star, 28/6/2024) Media reports perused just says ‘Sedition Act’ without mention of which section was breached, or whether It was sedition against royalty, or concerning race or religion.
Article 5(3) of the Federal Constitution states, ‘Where a person is arrested, he shall be informed as soon as may be of the grounds of his arrest…’, and this means that one has to be informed of what law he/she broke – which section and which Act. Just saying ‘on issues relating to the demolition of squatter homes’ is not good enough. A suspect has the right to know what exactly what is the offence for which he/she is being investigated.
Police cannot simply arrest people, and only later after investigation decide on what is the crime and under which provision of the law.
Saying offence under Section 4(1) not enough - Tell the suspect which seditious tendency under Section 3(1), i.e. about King/Rulers, Race or Religion?
For Sedition Act, which criminalizes seditious tendencies just stating that he is being investigated under even section 4(1) is INSUFFICIENT, the police need to go further and say which seditious tendency with reference to Section 3(1) and inform the suspect or witness whether the "seditious tendency" is a tendency (a) to bring into hatred or contempt or to excite disaffection against any Ruler or against any Government… (c) to bring into hatred or contempt or to excite disaffection against the administration of justice in Malaysia or in any State; …(e) to promote feelings of ill-will and hostility between different races or classes of the population of Malaysia;
Section 4(1) is VAGUE simply says, that ‘(1) Any person who- (a) does or attempts to do, or makes any preparation to do, or conspires with any person to do, any act which has or which would, if done, have a seditious tendency; (b) utters any seditious words;…’ which is just too general, and leaves the suspect or witness in the dark as to whether it is about any of the 3R issues or something else altogether.
What exactly is the ‘seditious tendency’ or ‘seditious’ talking about with regards the offences under Section 4(1)? Was it about causing disaffection with the King or promotion of ill feelings between races?
Suspect or witness entitled to CLARITY of the offence being investigated.
Thus, police shall tell the suspect or witness, what Sedition Offence is, and what exactly is the seditious tendency he/she is being investigated on with reference to Section 3(1)
MADPET reiterates its call for the REPEAL of the draconian Sedition Act. If there is still a need, enact more new laws to deal with the 3R issues, since there already exist laws in the Penal Code and other laws that already deal with the 3R (royalty, race, religion) issues.
MADPET calls for the government to impose an immediate MORATORIUM on the use of the Sedition Act pending repeal.
With regard the alleged injustice that has befallen the Bajau Laut community, who are also ‘Bumiputra’ or natives of Sabah, the government must immediately stop the eviction that displaces these people from their homes, sources of income and livelihood. No eviction until proper investigation to ensure that their Human Rights are respected. Wrong to evict without provision of an alternative place to live, which the affected or displaced community can agree to.
Charles Hector
For and on behalf of MADPET(Malaysians Against
Death Penalty and Torture)
Cops probe Sabah activist under Sedition Act
By Stephanie Lee Sabah & Sarawak
Friday, 28 Jun 2024
KOTA KINABALU: Activist Mukmin Nantang, who has been vocal on issues related to the Palau and Bajau Laut communities, was summoned by the police to give his statement.
He was, however, released on police bail at around 1.20pm yesterday after he gave his statement to the Semporna police.
Sabah Police Commissioner Datuk Jauteh Dikun confirmed that Mukmin was brought in for questioning and was released on police bail after his statement was recorded.
He added Mukmin was investigated under the Sedition Act on issues relating to the demolition of squatter homes.
It is believed that Mukmin was brought in for questioning over comments he made online about the eviction of the Bajau Laut settlements in Semporna previously.
Hundreds of illegal Palau and Bajau Laut settlements, built on state land and gazetted marine park areas, were demolished during the operation.
When contacted, Mukmin said he was called in to facilitate a probe under the Sedition Act in relation to a TikTok video that allegedly linked him with the Bajau Laut community.
“That video that was uploaded does not belong to me. I cannot specify which video this is because it will affect investigations,” he added. - Star, 28/6/2024
Zero tolerance for acts of incitement, says Anwar
The prime minister says he does not agree with the use of the Sedition Act on those who criticise the government, but that attempts to incite the people using the 3R issues are not acceptable.
The government will not tolerate any attempts to incite the people to cause divisions among the races, says Prime Minister Anwar Ibrahim.
Anwar said he was not afraid and was open to criticism, but that inciting the public to create conflict in the country's multiracial society was not acceptable.
"I do not agree that the Sedition Act should be used against those who criticise the prime minister and the government, but we will not tolerate anyone who tries to incite or slander to the point of touching on the 3R issues (rulers, race, religion)... let the police take action.
"You can criticise anything and anyone... but if you use sentiments, incite the Malays to hate the Chinese, incite people to use religion to accuse others of infidelity... I stress that I will not tolerate it," he added at the Madani Unity ceramah in conjunction with the Pulai parliamentary by-election at Taman Uda Utama, Perling, last night.
The event was also attended by Amanah president Mohamad Sabu, Johor Menteri Besar Onn Hafiz Ghazi and the Pakatan Harapan (PH) candidate for the Pulai parliamentary seat, Suhaizan Kaiat.
Anwar, who is also PH chairman, said the people must reject parties that only play up politics of hatred and extremism.
He said they rely on the sentiment that DAP is preventing the government from helping the people, especially the Malays, whereas DAP had always supported all initiatives for the people regardless of race.
"DAP is with PH. If DAP rejects the Federal Constitution, we (PH) will fight it (DAP), if it does not accept Islam as the federal religion, we will oppose… but instead, they accept," he said.
Meanwhile, Anwar said the government would continue to govern the country based on the Madani Economy to safeguard the welfare of the people, even if the initiatives introduced are rejected or belittled by the opposition.
"Because we made these changes (policies and initiatives to help the people) they (the opposition) can't stand it... they want to say that we (the government) are not doing our work, when they know we are doing it.
"They can continue to dream of taking over the federal government, at a time when the unity government continues to work to save the country and the people with the Madami Economy (framework)," he said.
Anwar also said that the government would prevail for the full term based on the performance of the economy and the influx of new foreign investments into the country.
He said the success achieved in over eight months since the formation of the government was the result of the focus and energy of all parties involved.
The by-elections for the Pulai parliamentary seat and Simpang Jeram state seat follow unexpected vacancies due to the death of the incumbent Salahuddin Ayub, who was also the domestic trade and cost of living minister, on July 23.
The by-elections will be held simultaneously with early voting on Sept 5, followed by polling day on Sept 9. - Malaysia Now, 4/9/2023
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