On 21-22 June, student activists from Suara Mahasiswa Universiti Malaysia Sabah held a Gempur Rasuah Sabah 2.0 anti-corruption rally in Kota Kinabalu, Sabah.
Another similar rally is to be held in Kuala Lumpur on 28 June, organised by the Sekretariat Rakyat Benci Rasuah.
The Center to Combat Corruption and Cronyism (C4 Center) stands in unequivocal solidarity with Suara Mahasiswa UMS and Sekretariat, strongly condemns any attempt by the authorities to silence them, and urges the “Madani” (civil and trustworthy) government to take seriously the demands of the rally.
The key calls made by Suara Mahasiswa UMS were:
- Demanding that UMS takes legal action against the Sabah State Water Department for causing a water shortage on the university campus
- Freeing the appointment of the Malaysian Anti-Corruption Commission (MACC) chief from executive influence
- Demanding stronger and more effective laws against corruption and corrupt individuals
- Rejecting the appointment of Musa Aman as the governor of Sabah
Sabah Police Commissioner Jauteh Dikun subsequently announced that the police are in the process of investigating the protest for nine offences related to the Peaceful Assembly Act 2012 (PAA), the Sedition Act 1948 and the Penal Code. It is worth highlighting that this is not the first time authorities have used investigations and criminal charges to intimidate the movement.
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Following the first Gempur Rasuah Sabah rally on 31 December 2024, UMS student representative Muhammad Fadhil Kasim was charged under Section 9(5) of the PAA and Section 509 the Penal Code.
Although the Attorney General’s Chambers subsequently dropped these charges, Fadhil was later charged by the police for offences under Section 500 of the Penal Code and Section 233 of the Communications and Multimedia Act 1998, after announcing plans to hold Gempur Rasuah Sabah 2.0.
Focus on the issue – not the protest
Since the protest, the students have faced a wave of criticism regarding the burning of a caricature of Anwar Ibrahim accompanied with the phrase “Madani Pelindung Rasuah Sabah” (Madani Protector of Sabah Corruption).
PKR’s youth wing chief Kamil Munim described it as “hollow acts that appeared brave to steal public attention,” while the party’s Tuaran youth wing chief Razeef Rakimin called it a “desperate stunt”.
Umno’s youth wing chief Akmal Saleh called the protesters “stupid and rude” in a Facebook post.
Politicians were not the only ones who opened fire on the protesters.
Academic Tajuddin Rasdi called the protesters “impatient and inexperienced” and “biadap” (rude) in an open letter.
UMS has also roundly condemned the act, stating that it “goes against the norms of a peaceful assembly” and viewed the act as “uncivilised and immature,” stating further it would file a police report.
To these politicians, we ask – are you not ashamed? This is nothing short of embarrassing. While these figures go after students attempting to make a change, they also betray their tolerance for corruption in the government they defend.
Why are students protesting corruption more worthy of condemnation than the corruption itself?
Worse still is the silence from political figures, especially those from the current administration, who previously positioned themselves as anti-corruption champions. Where is the condemnation of corruption from those who marched alongside activists during the Bersih rallies?
Street protests are a ‘proper channel’
Responding to the actions of protestors, Jauteh Dikun also urged future rally organisers to “use proper channels to express their views, such as by holding direct meetings with relevant authorities”.
These comments are not merely incredibly patronising but are also out of touch with reality.
Fadhil Kasim defended the caricature burning, stating it was meant to be a scathing rebuke of the Madani government’s hypocrisy on institutional reforms and pledge to fight corruption.
He also later pointed out that Anwar himself had burned a copy of the book 13 Mei, written by Tunku Abdul Rahman, during Anwar’s own time as a student activist in 1970 when he was a student at the University of Malaya.
Critics of these protests have either missed the point or are intentionally mischaracterising them. The main reason that protests take place to begin with is because a large number of people share the valid belief that the existing channels for advocating for reforms are inaccessible or have been completely exhausted.
Moreover, these critics conveniently leave out the fact that peaceful protests are protected under the Federal Constitution as a right to freedom of assembly.
The focus on decorum and the ‘proper’ methods of protest is transparently an attempt to diminish and move attention away from the primary aims and concerns of the protest: that of the government’s failure to introduce reforms.
The statements by some quarters attempting to paint the act of burning an image as a form of violence in order to discredit the protestors entirely. How far are these individuals willing to butcher and sell their own civil liberties just to gain political brownie points?
Do ‘proper channels’ even work?
For decades, civil society has exhausted what would be deemed as the ‘proper channels’ to advocate for good governance and anti-corruption reform.
Yet, upon observation, it is hard to conclude that the use of these ‘proper channels’ have yielded any real and tangible change to the system.
In 2015, C4 Center, the Bar Council, the Institute of Democracy and Economic Affairs, and Transparency International Malaysia submitted a memorandum calling for sweeping reforms to the MACC – including proposals to strip the prime minister of appointment powers over the chief commissioner’s post.
Civil society has, for years, pushed for the institution of a political financing act, the separation of the attorney general’s and public prosecutor’s offices, and the repeal of the Sedition Act.
Members of civil society were even involved in the drafting of the National Anti-Corruption Plan 2019-2023, which outlined plans to drastically improve the governance of Malaysia’s public institutions – including those mentioned above. This despite countless rounds of consultations with government ministries, and frequent communication through the ‘proper channels’.
Can it be said that any one of these reforms have the faintest chance of being realised in the near future? In response, civil society has persistently been told that ‘reforms take time’, and that there are ‘complications’ in governing a coalition government – all while progress appears to be backsliding.
While there has been movement on other acts, such as in establishing an ombudsman’s office and a freedom of information act, reforms which directly support anti-corruption efforts remain in the wilderness.
With this in mind, does Jauteh Dikun truly believe that ‘direct meetings’ with Azam Baki and Musa Aman could resolve the students’ longstanding issues? It is extremely fanciful to believe that the perceived ‘proper channels’ will bring about the desired change.
These comments depict another problem – that the protests are viewed as little more than unruly children acting purely out of petulant anger. This belief trivialises the demands of the students, distracting from the substance behind their calls.
PAA open to abuse
This case also clearly shows the opportunity for the PAA to be abused in order to silence dissent.
Jauteh Dikun was further quoted as stating that upon receiving notification of the planned assembly by organisers, 15 conditions were issued by the police.
The organisers are now being investigated by the police for their alleged failure to comply with those conditions.
The idea that a protest is acceptable so long as it complies with set conditions is antithetical to the right of peaceful assembly and freedom of expression.
Protests are inherently a challenge to the status quo – the result of a government’s failure to address the concerns of the people.
To then argue that one is allowed to protest, but only insofar as the government deems appropriate, is to negate the people’s right to truly express their frustrations.
The power granted to the police to issue restrictions and conditions “for the purpose of security or public order” upon assemblies under Section 15 of the PAA is broad. As is clearly seen in this case, anything can be deemed to be a threat to security and public order.
Jauteh is also quoted as saying that the burning of Anwar’s caricature had been witnessed by many tourists and had thus sparked fear. Such spurious grounds are used to justify silencing the voice of the people.
The PAA has long been the subject of criticism by civil society organisations, the Bar Council, and the national human rights commission, Suhakam, for infringing on these fundamental liberties.
Until and unless the PAA is amended to remove all oppressive provisions, allegations that protestors have ‘broken the law’ by refusing to abide by these restrictions are morally illegitimate.
Take heed
C4 Center condemns in the strongest possible terms the attempts by the authorities to silence and intimidate activists, as well as members of the political class who are using their platforms to misrepresent the protest and diminish their message.
With the upcoming rally taking place in Kuala Lumpur on 28 June, there is no doubt the same voices – loud and unprincipled – will crawl out from the woodwork in an attempt to criticise the protest once again.
Civil society organisations and anyone who genuinely cares about a better Malaysia must do their best to elevate the message of the Sekretariat and the student activists so that they are not drowned out by bad faith actors.
C4 Center stands in solidarity with the recently detained Fadhil Kasim and other student activists who have stood bravely in the face of great suppression at great personal risk to themselves.
The Bersih 2.0 rallies were a clarion call that signalled the end of a corrupt regime – their calls, too, were ignored and dismissed.
The Madani government should take heed and learn from the past, lest it is also buried in the sands of history. – C4 Center
AGENDA RAKYAT - Lima perkara utama
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
