Amnesty International Malaysia (AIM) opposes the State's continued use of Sedition Act and Section 27 of Police Act against the ‘cow head protesters’ as reported on 9th of September 2009. We are of the view that both Sedition Act and Section 27 of Police Act are arbitrary law that undermines freedom of opinion, expression and assembly in Malaysia.

We are concerned on the continued use of Section 27 of Police Act to criminalise freedom of assembly as witnessed during the arbitrary arrests of Hindraf Candle Light Vigil on 2 September 2009 and the latest being the charge against the cow head protesters. AIM believes that all parties must be allowed to hold public speeches and assemblies for their campaign or cause as these rights are fundamental rights guaranteed in our Federal Constitution and Universal Declaration of Human Rights (UDHR). These rights are entitled to all regardless of political opinion they hold. Both the Royal Commission of Inquiry into the Conduct and Management of the Royal Malaysia Police and National Human Rights Commission (Suhakam) have called for amendments to this section as it is open for abuse and clearly undermines human rights.

The Sedition Act gives a very wide definition to the expression ‘seditious tendency’ hence giving the executive wide powers to invoke the act arbitrarily and use it to all matters deem sensitive. AIM is of the view that the continuous use of Sedition Act imposes an unascertainable filter and blanket threat over public discussion on important matters without fear or favor. We feel that public's right to express their opinion in a peaceful manner must be protected at all time.

AIM views the State's use of Sedition Act to address the concerns and public pressure as too simplistic and fails to differentiate the act and address the issues:

1. Insensitive provocative action of parading the cow head that warrants public condemnation and urgent intervention by the authorities; and

2. Actual act of threatening violence and hatred that is inherently criminal in nature.

It is in the public interest that threats of violence or hatred be subjected to legal process as the act is clearly penal in nature and imposes a threat to person’s security directly. However criminalising an insensitive and provocative action or gesture in the context of Sedition or under Section 298 of Penal Code give an adverse effect as the line that separates between sensitivity, provocation and legitimate expression of ideas and opinions remains unclear. This would undermine public debate and campaign on matters that touches on religion and other controversial issues as it will be deemed as sensitive hence seditious and criminal in nature. Such development is indeed unhealthy in a multi racial and multi religious democratic country like Malaysia.

Amnesty International Malaysia calls on the government to:

1. Initiate a high level multiparty effort beyond political interest and put effort in resolving the conflict, insensitive act and animosity, and work towards reconciliation and better race and religious understanding; and

2. Repeal the Sedition Act and Section 27 of the Police Act.

AIM also calls on the State to review the charge of sedition and Section 27, and limit the legal process to the actual act of threat of violence and hatred as provided by Penal Code in fair and just manner.