We at Malaysian Progressives in Australia (MPOZ) believe that both the freedom to assemble and the freedom to express political opinion are necessary elements for meaningful participation in the democratic process. These rights are protected by the highest law of the land as provided in Article 10 of the federal constitution. Threatening those who exercise these constitutionally guaranteed freedoms with legal repercussions is unjust.

MPOZ also believes in the genuine operation of the rule of law. The coercive power granted to the government, while essential to maintaining order, can only be employed within boundaries as the law permits. This is a crucial point especially when coercive power is used to restrict rights guaranteed under the federal constitution.

In the past few days, selected organisers and participants of the ‘Kita Lawan’ rally have been arrested. The list of individuals include YB Nik Nazmi Nik Ahmad, Cikgu Fariz Musa and YB Rafizi Ramli. It is alarming that invalid laws were used by the police when making those arrests.

Section 9(5) of the Peaceful Assembly Act 2012 has been struck off by the court as unconstitutional in the landmark case of Nik Nazmi vs PP. We also possess reasonable doubt over the invocation of Section 143 of the Penal Code as another ground for the arrests because there has been no evidence of the existence of criminal force during the rally.

Hence, we urge all authoritative bodies to respect and uphold the court decision meted out in Nik Nazmi vs PP. The court’s ability to strike out laws inconsistent with our federal constitution is one of the most essential safeguards to preserve the status of the constitution as the supreme law of the land. Failure to comply with the court’s decision can be deemed offensive to our constitution.

We also urge that the freedom of assembly should be accepted as a valid exercise. It is a way for the rakyat to partake in the democratic process and must not be met with unnecessary or excessive legal repercussions.

As a student organisation that advocates student representation in the democratic process, MPOZ seeks to remind Malaysians of our country’s history of students openly holding political rallies and assemblies on their campuses. In the 1970s, student activists from Universiti Malaya organised assemblies and rallies, thus fully exercising their freedoms as citizens.

We must never ever forget that the foundation of our independence was built by a series of peaceful public rallies. It is with such regret we observe the similar party who in 1946 initiated a brave nationwide protest against the formation of the Malayan Union by colonial rulers is now seeking to restrict rights of assembly and expression just because they perceive these rights as inconvenient to them.

MALAYSIAN PROGRESSIVES IN AUSTRALIA (MPOZ) is a movement of young Malaysians in Australia who strive for open dialogue of political reform in Malaysia.