The Human Rights Commission of Malaysia (Suhakam) today said the freedom of expression guaranteed by the Federal Constitution was not an absolute right, but one that must be seen in context with other relevant laws of the country.

Following this, the commission said the Sedition Act, which was an Act of Parliament, was applicable to all citizens. The commission added that it was the prerogative of the Attorney-General to institute charges against anyone who had breached the provisions of the Act.

Suhakam said this in response to DAP Youth's memorandum of protest which was submitted to the commission last Friday.

The memorandum concerned an alleged threat made by Deputy Prime Minister Abdullah Ahmad Badawi to use the Sedition Act against any individuals or groups who continue to oppose the government's move to use English to teach Science and Mathematics in schools next year.

He said the matter of the language switch has already been approved by the government and will be implemented next year.

DAP Youth told Suhakam that Abdullah's threat was "unwarranted and outrageous" as his remarks gave rise to serious implications as it involves the question of subversion of human rights and the rule of law.

The memorandum was discussed at the commissioners' monthly meeting on Monday.

Unclear context for threats

In a letter to DAP Youth yesterday, Suhakam said it was unclear "in what context or under what circumstances" Abdullah made the remarks, adding that Abdullah's statement must be viewed against the provisions of the Sedition Act 1984.

In the statement which was made available to malaysiakini today, Suhakam said, "It is to be appreciated that while the Federal Constitution provides for freedom of speech and expression, such right is not of an absolute character. Article 10(2) of the Constitution authorises Parliament to impose by law any restriction on such right."

The letter, signed by Suhakam secretary Kamaruddin Mohamed Baria, further said that the Sedition Act is an Act of Parliament and it is applicable to all citizens regardless of race, position or status.

The commission also noted that it was the attorney-general's duty to take action against anyone who had breached the Act.

"Criticism of government policies on the use of English language in the teaching of Science and Mathematics may or may not constitute an offence under the Sedition Act. It primarily depends on the exact words spoken and the context and circumstances in which the words were uttered," the commission said.

"In any event, we agree that the right to institute any prosecution lies absolutely with the attorney-general in his capacity as the public prosecutor," Suhakam stressed.

Justify Abdullah's threat

However, in an immediate response, DAP Youth said they are disappointed that Suhakam did not play an active role in defending human rights.

"We regret and are disappointed that Suhakam didn't issue any public statement and state their position on Abdullah's remark clearly," said the wing's acting national secretary Loke Siew Fook when contacted by malaysiakini today.

"(The reply letter) is only a diplomatic statement that tries to justify the threat of Abdullah," he stressed, adding that the commission should play a pro-active role in promoting human rights.

Loke reiterated that the deputy premier's public remark was tantamount to sedition and violation of freedom of expression as it was a threat to the public from continuing to discuss the language issue.

"The restriction of public discussion had violated our basic rights. This is an education issue and a room for free debate should be open for all of us," he stressed.

Asked on their next course of action in reference to the reply, Loke said he would discuss the with other party leaders and legal advisors on what to proceed next.