Higher Education Minister Idris Jusoh is in the dark on alleged instructions from the ministry prohibiting students from joining Bersih 5 and red-shirts rallies this Saturday.

"I don't know about it, it may have come from the Higher Education Department," Idris told Malaysiakini when met outside the Parliament lobby today.

However he also said that joining the rallies was not encouraged.

Yesterday, Curtin University Sarawak Malaysia sent out an email to students saying the Higher Education Ministry had issued a circular warning students against participating in "illegal gatherings".

Deputy pro vice-chancellor Beena Giridharan said "appropriate action" would be taken against any students involved in activities defamatory to the university.

Monash University Malaysia also sent out a similar email, which it said was a reminder to students not to participate in illegal activities.

On Tuesday, Universiti Kebangsaan Malaysia suspended student activist Asheeq Ali (photo) for his involvement in the anti-Prime Minister Najib Abdul Razak "Tangkap MO1" rally in Kuala Lumpur last August.

The Peaceful Assembly Act does away with the need for police permits, but requires organisers to notify authorities 10 days ahead and obtain permission from venue owners.

The right to peaceful assembly is protected under Article 10 of the Federal Constitution.

Intimidators not protected

However, the National Human Rights Commission (Suhakam) said those holding counter-rallies to intimidate others from peacefully gathering are not protected under Article 10.

This comes after the anti-Bersih red-shirts group said it will hold counter-rallies to confront Bersih on the same day.

Bersih plans to hold its rallies in Kuala Lumpur, Kuching and Kota Kinabalu this Saturday.

It is demanding clean elections, clean government, the right to dissent, strengthening of Parliament and empowerment of Sabah and Sarawak.

Meanwhile, National Human Rights Society (Hakam) said the issuance of notices by the universities may be perceived as an abuse of powers by the university authorities to stifle freedom of expression and to curtail student activism and participation.

“These threats of disciplinary action put undue pressure on students who wish to participate in Bersih 5,” Hakam said in a statement today.

Calling those in authority, either at the Higher Education Ministry or at the universities to retract the notices, Hakam said labelling of public rallies as “illegal” must stop.

“The university is a place where students should be encouraged to give voice to their thoughts on national issues and emboldened to act on the same.”

“The voice of Malaysian youths should be given due public space without any threats from university authorities.”

Commending university students who have decided to participate in Bersih 5 despite the threats, Hakam promised that it will stand with them in the event of any action taken against them.

Meanwhile, student group Malaysian Progressives in Australia (MPOZ) similarly condemned the move by the universities in coming out with the notices.

The group also believes that the Malaysia-based Australian universities would not have done the same to students in Australia.

“Therefore, we call these universities to retract their statements immediately and apologise unconditionally,” said MPOZ in a statement.

Pointing out how student activists come from various educational backgrounds, MPOZ said it was unfair that stories of progress and democratisation taught in lecture halls cannot be put into practice.

“We call upon the administrations of private and public universities to defend students in exercising their democratic rights as citizens, and to protect them in the face of state oppression.

“Lastly, we call upon all Malaysian students and citizens to attend Bersih 5 without fear.”

MPOZ is part of the organising team for Bersih rallies in Canberra, Perth, Adelaide, Melbourne and Sydney which will be held simultaneously this Saturday.