Facing demolition, monks cite religious freedom in Suhakam appeal

A group of monks from the Sakyamuni Caves Monastery in Gunung Kanthan, Perak, today submitted a memorandum to Suhakam seeking to prevent the place of worship from being demolished.

Accompanied by Lawyers for Liberty, the monks argued that the demolition would infringe on religious freedoms guaranteed under the Federal Constitution.

Article 3(1) provides that religions other than Islam may be practised in peace and harmony anywhere in the federation, while Article 11(1) guarantees every person the right to profess and practise their religion.

Article 11(3) protects the right of religious groups to manage their own affairs and establish and maintain institutions for religious purposes.

“Today I understand that my fundamental right is the right to worship in this place and to defend this national heritage that cannot be found anywhere else.

“This is my right,” said Bhante Kusala, the leader of the monk group whose real name is Chiong Sai Tin, during his explanation to Suhakam.

Earlier this month, the monks appealed to Prime Minister Anwar Ibrahim to help save the allegedly century-old monastery, which is located in his Tambun parliamentary constituency.

They also highlighted the site’s environmental and heritage value.

READ MORE: Century-old monastery in PM's backyard faces demolition, monks appeal to Anwar

Suhakam review

Suhakam commissioner Abdul Kadir Jailani Ismail, who received the memorandum, requested the monastery management to submit relevant documents, including correspondence with the state government, the menteri besar's office, and other authorities, for their review.

"We will study the documents and see how far things have progressed.

"We want to see the actions taken by the state government and where they are headed," he said.

Kadir also expressed readiness to visit Gunung Kanthan to observe the conditions on-site firsthand.

READ MORE: COMMENT | Gunung Kanthan: Facts behind the recent news

In 2023, the Court of Appeal allowed cement manufacturer Associated Pan Malaysia Cement (APMC) to evict the monastery from Lot 46497 in Hulu Kinta.

A three-member panel comprising Azizah Nawawi, See Mee Chun, and Zaini Mazlan ruled that the monastery had failed to raise any triable issues to prevent the order from being granted.

The court also accepted APMC’s argument that, as the registered landowner, it was entitled to possession through its summary application.

‘No rock has ever fallen’

Previously, APMC also stated that geological assessments of the monastery area identified safety concerns, including cracks and evidence of rockfall incidents.

However, Bhante dismissed this, saying that the monastery management had obtained safety assessments from professional geologists, who found the site safe.

"Our people have lived there for over 100 years, and not a single rock has fallen.

"Why do they say it's unsafe? They only say it's unsafe because they want to blast (the site)," he claimed.

Monks invoke international standards

The eight-page memorandum also cited international standards under the Universal Declaration of Human Rights 1948 (UDHR).

“Article 18 of the UDHR protects the freedom of thought, conscience, and religion, including the freedom to manifest religion in worship, practice, and observance.

“Article 27 protects the right to freely participate in the cultural life of the community,” it stated.

The monks also stressed that their complaint did not concern matters before the courts.

“It concerns the right to practise religion and the continuous failure of both the federal and state governments to make a decision on the application submitted under the National Heritage Act 2005, which is not the subject of any lawsuit, and falls entirely under the functions of Suhakam.

“We respectfully request Suhakam to investigate this matter as an urgent case, visit the site, and make recommendations to the federal and Perak state governments for the preservation of the monastery as a place of worship,” the memorandum stated.

Malaysiakini is seeking comment from YTL Cement Bhd, APMC’s parent company, through its appointed public relations firm.

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