The undersigned, being former and current elected representatives of student unions, leaders of various student bodies hereby jointly issue the following statement:
We declare full solidarity with all four students who have been charged and found guilty under the Universites and University Colleges Act 1971 and Universiti Malaya (Discipline of Students) Rules 1999 on charges relating to organising/ participating in the Tangkap MO1 Rally which was held on Aug 27, 2016 nearby Dataran Merdeka.
The following sentences have been passed on the four students:
1. Anis Syafiqah - Suspension of 1 semester of study, fined RM400, and stern warning.
2. Muhammad Luqman Nul Haqim - Suspension of 1 semester of study, fined RM400, and stern warning.
3. Muhammad Luqman Hakim Mohd Fazli - Suspension of 1 semester of study, fined RM400, and stern warning.
4. Suhail Wan Azahar - Stern warning and fined RM400.
We are deeply troubled by the punishments, as they are wholly disproportionate and oppressive.
Most importantly, these disciplinary actions by Universiti Malaya infringed the students’ Fundamental Liberties enshrined in the Federal Constitution.
The Federal Constitution is the supreme law of the land, delineating the powers and administrative roles of the state’s arms while recogniding citizen’s individual rights.
Its supremacy over all other laws and state arms is enshrined in Article 4 of the Federal Constitution.
Article 10 of the Federal Constitution guarantees Freedom of Speech, Assembly and Association.
Although the vonstitution allows Parliament to set restrictions towards these freedoms, Parliament can only do so on a few, specified basis, such as in the interest of public security.
Even then the restrictions must be reasonable.
The Right to Assembly is the right of every citizen under Article 10(1)(b) of the Federal Constitution: “…all citizens have the right to assemble peaceably and without arms”.
The Right of Assembly is also recognised in international law such as at Article 20 (1) of the Universal Declaration of Human Rights (UDHR) and Article 21 of the International Covenant on Civil and Political Rights (ICCPR).
Hence, although the Universiti Malaya Disciplinary Panel is empowered under the Universiti Malaya (Discipline of Students) Rules 1999, the charges and punishments imposed have resulted in restrictions of Freedom of Assembly guaranteed by the Federal Constitution.
Universiti Malaya cannot restrict any students’ of their right to Freedom of Assembly outside campus.
As such, the disciplinary actions taken against the four students are unconstitutional.
We demand Universiti Malaya to reassess its stand and that the rules should be reviewed and amended accordingly. We also demand Universiti Malaya to withdraw all the punishments and charges related to their participating in the Tangkap MO1 Rally with immediate effect.
Universiti Malaya being the premier and leading university in Malaysia must respect the students of their constitutional right to Freedom of Assembly.
To avoid embarrassing itself and to protect its own reputation, it is imperative that Universiti Malaya reviews the charges and punishments to ensure its decisions are constitutional and comply with international standards.
Endorsed by the following:
1. Marcus Lee Min Lun, academic and internationalisation exco, Students Representative Council, Universiti Malaya.
2. Tan Jia You, Students Representative Council, Universiti Malaya.
3. Kon Hua En, Students Representative Council, Universiti Malaya.
4. Universiti Malaya Association of New Youth (Umany)
5. Persatuan Bahasa Cina, Universiti Malaya
6. Student Progressif Front UUM
7. Southern University College Student Union
8. Persatuan Bahasa Tiong Hua USM
9. Student Progressive front USM
10. Student Unity Front UKM
11. Malaysia Youth & Student Democratic Movement (Dema)
12. Kesatuan Mahasiswa Malaysia
