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KPUM: Travel ban policy a threat to student political freedom

The United Kingdom and Eire Malaysian Law Students’ Union (KPUM) is strongly alarmed at the recent trend of arbitrarily-imposed government travel bans on Malaysians. The union also condemns the suggestion that Malaysians who “discredit or ridicule” the government be barred from travelling overseas.

This is a significant threat to Malaysian students, especially those pursuing their studies abroad. Many students engage healthily in political discourse, and a policy that persecutes anyone who “discredits and ridicules” the government is harmful to this.

Under this definition, even students who attend government-sponsored forums to offer ideas and criticisms (events which are common in the UK) are at risk of “discrediting” or “ridiculing” the government by pointing out flaws in its work. As these students commonly return to Malaysia over the holidays, banning “government critics” from travel could mean these students will be unable to return to university, and see their studies significantly disrupted.

It is relieving to hear Deputy Home Minister Nur Jazlan Mohamed clarify that government critics will not face travel bans. However, his remarks contradict Immigration Department director general Sakib Kusmi’s, who confirmed the existence of such a policy with The Star in its original report.

In addition, public figures who have criticised the government, such as Bersih chairperson Maria Chin Abdullah, DAP MP Tony Pua and activist Hishamuddin Rais have still faced travel bans.

The deputy home minister has also continued to assert that the government may still bar anyone from leaving with no explanation or justification. This is a bad practice which invites abuse, as well as a breach of natural justice principles.

While the ownership of a passport may be a privilege rather than a right, the right to life and personal liberty includes a right to travel. It is also a well-established principle in law that fundamental rights should be interpreted generously and liberally, not narrowly or merely literally; see the case of Lee Kwan Woh v Public Prosecutor [2009] 5 MLJ 301.

The government cannot therefore have full and unlimited discretion to limit that right; it must provide reasons. The government holds great power over individual Malaysians. It is true that individuals who abuse their freedom or the law may cause harm. However, governments who abuse the law may cause much more damage. On balance, it is therefore good sense to have the law side with the individual Malaysian rather than the government.

It is therefore ridiculous for Nur Jazlan to suggest that the government has a blank check when it comes to deciding which Malaysians may leave the country.

The union urges the deputy home minister and the Immigration Department to exercise due responsibility and transparency in imposing travel bans. We also urge the Immigration Department director-general to clarify, in light of Nur Jazlan’s remarks, whether or not a policy to impose travel bans on government critics really exists and has been applied in the past.

The union would also like to remind all parties that amendments to the Sedition Act were passed last year to allow for criticism against the government. While the amendments have not yet become law, that part of the Sedition Act has in spirit been effectively abolished. The government should act in good faith to honour this.

Finally, we urge other Malaysian student organisations and leaders to express their concerns over this matter. A ban on travel for any student is a significant attack on students’ liberty, free speech and political expression. Such a policy would have a chilling effect on student involvement in politics, both locally and overseas.

Freedom of speech is a cornerstone of any healthy democracy. It is a freedom fiercely protected in many of the countries our students study in. We believe the government must assure students that they will not be persecuted for articulating their political beliefs. The response of any competent, democratic government to “ridicule” should be to accept, refute or explain the criticism - not to censor it.


LEE SU WEN is president 2015/16, Kesatuan Penuntut Undang-Undang Malaysia di UK & Eire (KPUM), which is a non-partisan union that represents the interests of law students. It seeks to speak out on current issues that are of interest to law students, including those that involve human rights.

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