Hakam is concerned by the denial of entry into Sarawak of Sahabat Alam Malaysia (SAM) president Meenakshi Raman on 29 September, which was conducted reportedly without prior notice or explanation.
While Sarawak has constitutionally recognised immigration powers, the exercise of such powers should remain subject to transparency, accountability and basic principles of procedural fairness.
The existence of such powers should not remove the need for the authorities to provide a clear and lawful basis for their exercise.
State powers must not be used as a means of silencing activists, civil society organisations, or individuals who express views that differ from those of the government.
The ability to criticise, question and disagree with those in power is an essential part of a democratic society. Restrictions on such activities should not be imposed arbitrarily or without lawful justification.
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The exercise of immigration powers is particularly concerning where it affects individuals engaged in legitimate civil society, environmental, human rights or public interest work.
Such powers should be exercised in a manner that does not create a chilling effect on advocacy or discourage individuals and organisations from participating in matters of legitimate public concern.
Hakam further stresses that the authorities should not rely solely on the absence of a procedural requirement to notify a person that he or she has been barred from entering Sarawak. Regardless of whether the current rules require prior notice, basic principles of fairness and good administration require that a person affected by such a decision should be informed of the restriction and the basis for it.
Hakam emphasises that the exercise of discretionary powers must be guided by clear, objective and consistently applied standards.
Individuals should not be left uncertain as to what conduct or circumstances may result in a refusal of entry, particularly where the exercise of such discretion may affect their ability to carry out legitimate professional or civic activities.
Hakam therefore demands that the Sarawak authorities clarify the legal and factual basis for the refusal of entry in this case.
Hakam further calls on the authorities to establish and make public a clear set of conditions and circumstances under which entry may be denied, and to ensure that such conditions are fair, reasonable, transparent, proportionate and appropriately applied.
This is necessary to ensure that the exercise of immigration powers is not arbitrary and remains consistent with the principles of constitutionalism, accountability and respect for fundamental freedoms.
Dato’ Sri M Ramachelvam is president of the National Human Rights Society (Hakam).
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