For the second time since the government closed SRJK Damansara in 2001, the Save Our School (SOS) committee has sought recourse from the Human Rights Commission of Malaysia (Suhakam) to re-open the premises.

This morning, a delegation led by chairperson Yong Yoke Sung and vice-chairperson Wong Yew Kong submitted a memorandum which also alleged human rights violations linked to two recent incidents.

They told commissioner Prof Hamdan Mohd Adnan that the government had encroached into the original premises in Section 17, Petaling Jaya, by attempting to dump 50 boxes of documents in the classrooms on Dec 12.

Wong ( photo: left ) described the incident as "wrong from a legal perspective" and a bid to turn the old premises into a warehouse.

He said the school was built with donations from villagers several decades ago and that the building was a community asset.

"The government's attempt was rude and tantamount to encroaching into private property without consent," said Wong, himself a former pupil who has since sent his daughter to the same school.

The school, with 47 pupils, now operates from air-conditioned containers in neighbouring premises belonging to a temple.

'Police abused power'

In the memorandum, the committee further urged Suhakam to investigate the arrests of three SOS supporters in Kuala Lumpur last month for distributing leaflets on the dumping incident.

The trio were arrested during the New Year's eve celebrations at Dataran Merdeka without any clear reason being cited - the three have not been charged to date, but have had their police bail extended .

A few days later, however, the New Straits Times quoted the police as saying that the arrests were made under the Printing Press and Publications Act 1984.

This, said the committee, was questionable since the police could have confiscated the material for checks first without making any arrest.

The memorandum claimed that police had recorded statements from the trio under a procedure normally used for witnesses under section 112 of the Criminal Procedure Code.

SOS alleged therefore, that the police abused their power and violated fundamental human rights to freedom of expression and association, as granted to every citizen under the Federal Constitution.

Reasons 'not convincing'

The memorandum also reiterated disappointment over failed attempts to seek clarification from the Education Ministry as to why the school was closed. The committee had first complained about this to Suhakam on March 1, 2001.

It pointed out that children's educational rights are protected under the Universal Declaration of Human Rights and under the UN Convention on the Rights of the Child. Malaysia is a signatory to both.

The committee said the ministry's reasons for closing the school were not convincing. These included claims of noise pollution due to proximity to a highway - the ministry said there was no longer a conducive learning environment for pupils.

Other reasons cited were space constraints on the 0.32-hectare site, plumbing problems and air pollution, although the government has not backed its claims with an environmental impact assessment study to date.

Explanation from ministry

Speaking to reporters later, Hamdan said the commission would ask for a meeting with the Education Ministry to hear its explanation.

"I hope that, this time, the ministry will be willing to meet with us," he said, adding that officials had refused Suhakam's request following the initial SOS complaint, on the basis that the closure was a government decision.

Asked if the closure has violated the children's right to education, Hamdan replied: "They have not been deprived of their educational rights because they still can study (in other schools).

"But this school belongs to the community and (the closure) has caused them inconvenience....there is no school nearby for the children".