Constitution guarantees Malaysians' freedom to celebrate Merdeka by
Various, 10 August 2007
Source : CIJ

Joint Statement by
10 August 2007

Writers Alliance for Media Independence (WAMI), Centre for Independent
Journalism (CIJ) and Institut Kajian Dasar (IKD) stress that the Federal
Constitution guarantees Malaysians' freedom to celebrate Merdeka in any
peaceful way they prefer. In fact, freedom as enshrined in the
Constitution is central to the celebration of Merdeka. If we are not
free, what independence is there to celebrate?

We express our gravest concern on the latest assault on artistic and
cultural expression launched by some McCarthy wannabes in politics and
media. Wee Meng Chee, a Malaysian student in Taiwan has attracted
demonization in media and threat of legal action by politicians for
writing a rap-song "I love my country, Negarakuku" with the national
anthem Negaraku as its chorus, and sharing it on youtube.

We hold that Malaysians are mature enough to discuss and judge for
themselves the content and form of arts. Political intervention into the
world of arts hurts both arts and democracy. Unfortunately, before Wee,
musicians performing genres like heavy metal and rock, movie directors
like Mohamad Amir, Yasmin Ahmad and Tsai Ming-Liang, actress in Vagina
Monologue, have all suffered harassment, vilification, censorship or ban
for "offending" or "challenging" national culture, sensitivity, history,
etc. in one way or another.

Malaysia, whose initial celebration 50 years ago and formation 44 years
ago we are now supposed to celebrate, has become the greatest measure of
political correctness upon which every artistic and cultural expression
needs to be examined. Albeit without explicitly evoking Senator
McCarthy's language, some Malaysians have set out to eliminate the crime
of "unMalaysianness", a fact other Malaysians must now stand up and speak
up.

We stress these three positions of principle:

1. The Federal Constitution of Malaysia explicitly guarantees every
citizen "the right to freedom of speech and expression" (Article 10.1.a).
While it also allows the Parliament to impose restrictions "by law",
parodying the national anthem is not one of the eight permissible
grounds. (Article 10.1.b) We remind all quarters that the suggestion of
evoking a charge against Wee under the National Anthem Act has therefore
risked defying the Federal Constitution itself, a more serious offence
than any parodying of the National Anthem.

2. No one should be prosecuted or persecuted for their artistic
expressions so long they are not propagating violence. Those who disagree
with certain artistic expressions should reply with artistic critiques or
counter-expressions, rather than banning or them or persecuting the
artists with the state's power. The same principle applies on academic,
social, political, religious, cultural views, where an opponent to a
particular view should strive to defeat and debunk the view s/he opposes
in free debates, rather than silencing whomever s/he considers heretic
with the state's power. If we cannot hold on to this principle, we are
making a mockery of the Article 10 of our Federal Constitution.

3. Inter-ethnic and inter-religious harmony cannot be promoted by
suppressing freedom of expression. Suppression will only drive
misunderstanding and animosity into frustrations and anger which will
sweep everyone when suppression is no longer possible. Bigotry and
hostility can only be addressed and eliminated under open and rational
debates, where everyone respect each other's freedom of expression
insofar no violence is used or advocated. If some are intolerant to views
they consider insulting or offensive, the society must promote tolerance
and respect, rather than conceding to emotional responses of the
intolerant lot. Otherwise, if everyone protests against everything s/he
considers offensive, perhaps no issue can be discussed publicly. This
will only kill democracy as the state can dictate on matters of
importance without public scrutiny and participation.

Thomas Paine said it aptly, "Government, even in its best state, is but a
necessary evil; in its worst state, an intolerable one." The white-terror
Senator McCarthy brought to the US in 1950s - investigating and
persecuting left-leaning artists under the charges of un-American
activities - testified the danger when the government's power goes beyond
the necessary.

The monopoly of Merdeka outdoor celebration by the Culture, Arts and
Heritage Ministry has signaled earlier a dangerous trend that our
nation's Independence or its celebration is now seen as the Government's
prerogative or private property. The zest to persecute Wee is but the
second manifestation of such mentality. Malaysians, regardless whether
they agree with Wee's views, must stand up to defend the right to
celebrate Merdeka in any peaceful way they like, against the assaults of
the Little McCarthys in politics and the media.

This statement is initiated by WAMI,
Jointly issued by,

Wong Chin Huat, Chairperson, WAMI
Gayathry V., Executive Director, CIJ
Khalid Jaafar, Executive Director, IKD

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