Malaysiakini
As published on Malaysiakini on 27 Mar 2014.
Section 67 of the Immigration Act 1959/63 makes it clear that the state’s powers to restrict entry shall not have effect on a citizen who can show that he or she enters the state for the sole purpose of engaging in legitimate political activity.
In a country that professes democracy and free elections, such powers to restrict must not be used to obstruct the rights of citizens to participate freely and legally in the country’s public affairs.
The three Bars of Malaysia urged the Sarawak state government to immediately reconsider the entry ban that it has imposed, and to cease and desist from resorting to such action unless with a justifiable cause. Further, the three Bars of Malaysia urge both the state and federal governments to take positive steps to safeguard each citizen’s right to travel freely and peacefully within his or her own country.
KHAIRIL AZMI MOHD HASBIE is president, Advocates’ Association of Sarawak; and GBB NANDY @ GANESH is chairperson, Sabah Law Association.
As published on Malaysiakini on 27 Mar 2014.
The
three Bars of Malaysia - Advocates’ Association of Sarawak, Sabah Law
Association and the Malaysian Bar - jointly express their deep concern
in relation to the Sarawak government’s move to deny entry into the
state by opposition politicians, Rafizi Ramli, Chua Tian Chang and
Saifuddin Nasution Ismail on March 25, 2014.
Rafizi and Chua are Members of Parliament for Pandan and Batu constituencies, respectively. All three were held upon their arrival at Sibu Airport by Immigration officers before being placed on board a flight back to Kuala Lumpur that same day.
This measure by which the state government has chosen to act goes directly against the guarantee of freedom of movement enshrined in Article 9 of the federal constitution. Under Article 9, every citizen of Malaysia has the right to move freely throughout the federation.
Notwithstanding the special safeguards accorded to Sarawak under the federal constitution, the three Bars of Malaysia strongly urge the Sarawak government to exercise sparingly, fairly and with just cause the statutory powers it has over immigration and border controls.
Rafizi and Chua are Members of Parliament for Pandan and Batu constituencies, respectively. All three were held upon their arrival at Sibu Airport by Immigration officers before being placed on board a flight back to Kuala Lumpur that same day.
This measure by which the state government has chosen to act goes directly against the guarantee of freedom of movement enshrined in Article 9 of the federal constitution. Under Article 9, every citizen of Malaysia has the right to move freely throughout the federation.
Notwithstanding the special safeguards accorded to Sarawak under the federal constitution, the three Bars of Malaysia strongly urge the Sarawak government to exercise sparingly, fairly and with just cause the statutory powers it has over immigration and border controls.
Section 67 of the Immigration Act 1959/63 makes it clear that the state’s powers to restrict entry shall not have effect on a citizen who can show that he or she enters the state for the sole purpose of engaging in legitimate political activity.
In a country that professes democracy and free elections, such powers to restrict must not be used to obstruct the rights of citizens to participate freely and legally in the country’s public affairs.
The three Bars of Malaysia urged the Sarawak state government to immediately reconsider the entry ban that it has imposed, and to cease and desist from resorting to such action unless with a justifiable cause. Further, the three Bars of Malaysia urge both the state and federal governments to take positive steps to safeguard each citizen’s right to travel freely and peacefully within his or her own country.
KHAIRIL AZMI MOHD HASBIE is president, Advocates’ Association of Sarawak; and GBB NANDY @ GANESH is chairperson, Sabah Law Association.
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