When will I be able to travel again, asks Zunar

Source: Free Malaysia Today

KUALA LUMPUR: Political cartoonist Zunar wants to know when the travel ban imposed on him will be lifted, saying he is still in the dark over why it was enforced to begin with.

He said the ban established by the Immigration Department had affected his source of income as he was paid to speak at events outside Malaysia.

“Most of my work is overseas. I cannot conduct my exhibitions here because I would be arrested, and cannot sell my books as they are banned,” he said when making a complaint at the Human Rights Commission of Malaysia (Suhakam) here.

Zunar, whose real name is Zulkiflee SM Anwar Haque, said he wanted Suhakam to intervene in the matter.

He said the government had infringed his rights as he was not informed why he was barred from travelling. Read more

Why fear cartoonists if you have done no wrong, asks Zunar

Source: The Malaysian Insight

Cartoonist Zunar was forced to cancel his first street exhibition entitled ‘Ketawa Pink Pink’ in Penang after threats from a group of troublemakers. – The Malaysian Insight file pic, July 31, 2017.

IF as Putrajaya claims that the US Department of Justice suits related to 1MDB are politically motivated, then it should not be so zealous in its pursuit of critics here, said cartoonist Zulkiflee Anwar Ulhaque.

On Saturday, the cartoonist better known as Zunar was forced to cancel his first street exhibition entitled “Ketawa Pink Pink” that was to open at Lebuh Pantai, Penang, the next day because of “threats from a group of troublemakers”.

The exhibition was to feature his drawings of a well-known woman with pink diamond jewellery.

In the latest DoJ suit filed last month, it noted that nearly US$30 million (RM129 million) were allegedly stolen from 1Malaysia Development Bhd to buy jewellery, including a 22-carat rare pink diamond set in a necklace worth a US$27.3 million for the wife of “Malaysian Official No. 1” (MO1) in 2013. Read more

Travelling abroad not constitutional right, court rules in Pua case

Source: Malaysiakini

The High Court in Kuala Lumpur today ruled that the ban on Petaling Jaya Utara MP Tony Pua on travelling overseas, stands.

Justice Hanipah Farikullah said that it was not a constitutional right for all, including Pua, to be allowed to travel abroad.

She also said in her oral judgment that the director-general of the Immigration Department has the power to enforce the ban under Section 3(2) of the Immigration Act.

The court cited Loh Wai Kong’s case which was decided by Lord President Suffian. It said the court was bound by this decision, which was also cited in the recent Victoria Jeyasalee versus the Federal Territory Islamic Council case.

As a result of the two cases cited in the Federal Court, Justice Hanipah said this court was bound by it, based on the stare decisis principle (a decision from a superior court that binds the lower court). Read more

Clowns, balloons and other human rights transgressions — Kua Kia Soong

Source: FMT

BY KUA KIA SOONG 

Kua Kia Soong

Suara Rakyat Malaysia (Suaram) is pleased to announce the publication of its Human Rights Report on Malaysia for 2015. We are proud to say that since Suaram’s first Human Rights Report on Malaysia in 1998, our documentation and monitoring desk has ensured the publication of an annual human rights report every one of these 18 years, without fail.

Despite our diligence in auditing human rights in the country, the Malaysian state continues to reinvent excuses tantamount to phobias, to suppress the just demands of Malaysians for their basic human rights: international terrorism is used to justify detention without trial; arbitrary bans on citizens’ freedom of movement are justified by flimsy notions of “protecting national pride”; the Sedition Act is invoked to persecute and harass critics, cartoonists, clowns and even football fans. Read more

Hak rakyat untuk ke luar negara – Syahredzan Johan

Sumber: Sinar Harian

OLEH SYAHREDZAN JOHAN

Sakib noted that it is a privilege to be able to have a Malaysian passport rather than a right. — AFP pic

Immigration DG Sakib noted that it is a privilege to be able to have a Malaysian passport rather than a right. — AFP pic

DILAPORKAN sesiapa sahaja yang memburukkan kerajaan boleh dihalang daripada meninggalkan negara ini selama tiga tahun. Ini menurut suatu laporan yang memetik Ketua Pengarah Imigresen bahawa terdapatnya peruntukan tersebut, sambil menegaskan bahawa memiliki pasport Malaysia adalah satu keistimewaan dan bukan satu hak.

Kerajaan, katanya, mempunyai budi bicara untuk mengeluar, menangguh atau membatalkan pasport seseorang.

Perkara ini juga disahkan oleh Timbalan Menteri Dalam Negeri, yang dilaporkan telah mengatakan bahawa perkara itu bawah kuasa pengarah Jabatan Imigresen memandangkan kebenaran seseorang untuk ke luar negara merupakan satu keistimewaan dan bukannya hak.

“Kuasa untuk membenarkan orang keluar masuk dalam negara bawah pengarah imigresen dan dia juga yang keluarkan pasport. Ia keistimewaan dan bukan hak.”

Timbalan Menteri tersebut juga dilaporkan berkata bahawa seseorang yang ingin ke luar negara seharusnya memeriksa dengan Jabatan Imigresen terlebih dahulu untuk mengetahui status mereka. Menurutnya, kerajaan tidak punya obligasi untuk memaklumkan kepada seseorang tentang apa-apa halangan ke luar negara dan juga sebab-sebab mereka dihalang. Read more

Undang-undang apa yang diguna untuk sekat ke luar negara, tanya peguam

Sumber: Malaysiakini

Pic taken from The Star Online

Pic taken from The Star Online

Undang-undang khusus yang mana satu yang digunakan oleh kerajaan untuk menghalang rakyat daripada meninggalkan negara ini?

Ini adalah persoalan asas yang masih belum dijawab, kata peguam Syahredzan Johan.

Beliau mengulas kenyataan Timbalan Menteri Dalam Negeri, Nur Jazlan Mohamed semalam bahawa halangan perjalanan tidak akan dikenakan ke atas pengkritik kerajaan, tetapi hanya terhadap mereka yang didakwa melanggar Perlembagaan Persekutuan.

Dalam satu catatan di Facebook hari ini, Syahredzan ‘penjelasan’ itu masih tidak menjawab persoalan asas – di bawah undang-undang mana yang mereka menghalang rakyat ke luar negara?

Seperti yang dinyatakan oleh ramai pihak, termasuk Presiden Majlis Peguam Steven Thiru, hak untuk ke luar negara adalah hak perlembagaan yang dijamin di bawah Perkara 5 (1) Perlembagaan Persekutuan, katanya.

Ini, katanya, adalah tafsiran undang-undang oleh mahkamah tertinggi dalam kes Lee Kwan Woh lwn PP. Read more

Nur Jazlan: Travel ban for national security

Source: The Malay Mail Online

Sakib noted that it is a privilege to be able to have a Malaysian passport rather than a right. — AFP pic

Nur Jazlan now says travel restrictions can be imposed on grounds of national security. — AFP pic

KUALA LUMPUR, May 20 — Travel restrictions can be imposed on grounds of national security, Deputy Home Minister Datuk Nur Jazlan Mohamed said today after the Malaysian Bar criticised arbitrary overseas travel bans.

Nur Jazlan also denied reports that the ban was aimed at government critics, claiming that it only affected Malaysians who violated the Federal Constitution.

“This policy has been implemented for a long time, not just recently. But the criteria will change from time to time.

“Not for people who criticise the government. Opposition said that. Only for people who commit offence (sic) against the Constitution, for example sedition, religion, race, and threat to national peace and harmony and national security,” he said in a statement.

Malaysian Bar president Steven Thiru said yesterday the government’s claimed power to arbitrarily restrict the travels of any Malaysian is a “myth”, noting that travel bans can only be enforced in limited scenarios like bankruptcies and tax defaults.

The Star recently reported the Immigration Department as saying that it enforced a ruling a few months ago to bar those who insult the government from travelling abroad for three years. Read more

Arbitrary travel bans without legal basis, Malaysian Bar tells Putrajaya

Source: The Malay Mail Online

Malaysian Bar president Steven Thiru said the government had no general discretionary power to restrict a citizen’s right to travel in and out of Malaysia. — File pic

Malaysian Bar president Steven Thiru said the government had no general discretionary power to restrict a citizen’s right to travel in and out of Malaysia. — File pic

KUALA LUMPUR, May 19 — The government’s claimed power to arbitrarily restrict the travels of any Malaysian is a “myth”, said the Malaysian Bar today.

Disputing Deputy Home Minister Datuk Nur Jazlan Mohamed who asserted such powers, Malaysian Bar president Steven Thiru said authorities were only empowered to enforce travel bans in limited scenarios such as bankruptcies and tax defaults.

“There is no general discretionary power to restrict a citizen’s right to travel in and out of Malaysia. Unrestrained discretion in the hands of the government is a myth,” he said in a statement today.

The head of the peninsular professional legal body said the Immigration Act 1959/63 does not contain an expressed provision to bar travel.

Bersih 2.0 chairman Maria Chin Abdullah was prohibited last Sunday from flying to South Korea to accept a human rights award on behalf of the electoral reform group. Read more

Travel ban step in wrong direction, says IDEAS

Source: The Edge Markets

Pic taken from The Star Online

Pic taken from The Star Online

KUALA LUMPUR (May 18): The move to enforce travel bans on those who criticise the Malaysian government is a step in the wrong direction, according to Institute for Democracy and Economic Affair’s (IDEAS).

In a statement today commenting on a report quoting the Immigration Director-General who confirmed the existence of such provisions and stated passports were a privilege and not a right, IDEAS chief executive Wan Saiful Wan Jan said such arbitrary travel bans should not be happening in a country like Malaysia, especially if the Government claims to be progressive and democratic.

He said the freedom of movement which includes the right to travel, is a universal human right.

“The United Nation’s Universal Declaration of Human Rights 1948 which the Malaysian government has claimed to adopt and uphold, specifies that everyone has the right to leave the country and to return.

“This rule is also against fundamental democratic principles which require that the people of a country be able to express not only support for the government, but also to criticize its policies and actions without fear of recrimination or reprisals,” said Wan Saiful.

He stressed that the government should bear this in mind, particularly since it is making a bid for another term on the UN Human Rights Council.     Read more

No legal provision for arbitrary travel bans, lawyers say

Source: The Malay Mail Online

Pic taken from The Star Online

Pic taken from The Star Online

KUALA LUMPUR, May 19 ― The law does not expressly allow the government to restrict Malaysians’ travel without reason, legal experts contended after a deputy minister said Putrajaya was not obliged to justify such bans.

Conceding to Datuk Nur Jazlan Mohamed who said no law compelled authorities to explain these restrictions, they countered by highlighting that legislation was also silent on powers to arbitrarily bar Malaysians from leaving the country.

“There’s no specific powers in the Immigration Act which says they can bar anyone from going without reason. It is incumbent upon you (the government) to justify why,” the Lawyers for Liberty (LFL) executive director Eric Paulsen told Malay Mail Onlinewhen contacted.

Paulsen said vague laws did not mean Malaysians lacked rights or their rights were not violated, arguing that travel bans without reason or even a valid reason could be an unconstitutional restriction of their liberties.

He said travel restrictions prompted by bankruptcy or the planned commission of terrorism may possibly be justified.

“But no one is so arrogant to say ‘ We are not going to give any reasons”. That cannot be the position in law because you must at least tell me why I’m being barred from going overseas,” he said, stressing the need for natural justice where Malaysians are allowed to answer allegations against them.

Paulsen cautioned, however, that Malaysians who attempt to challenge the constitutionality of travel bans imposed on them would face an uphill challenge, noting that judges appear to be reluctant to interfere in the daily running and decision-making process of the Executive. Read more