The Malaysian human rights commission Suhakam views with grave concern the recent incident involving the imposition of a travel ban on activist Fahmi Reza.
The imposition was without prior notice, legal basis or adequate justification.
Such action constitutes a violation of his constitutional right to freedom of movement as enshrined in Article 9 of the Federal Constitution and raises serious questions about compliance with due process and the principles of natural justice.
The absence of clear legal procedures and transparency in the enforcement of travel restrictions represents a significant encroachment upon civil liberties and sets a troubling precedent for arbitrary state action.
Although both the inspector general of police and the immigration director general have since clarified that there was no official international travel restriction imposed on Fahmi Reza, the fact that he was barred from leaving the country highlights serious flaws in the communication mechanism between these two enforcement agencies.
It is unsettling that until today neither of these departments has publicly apologised to Fahmi Reza.
This incident reflects the pressing need for improved coordination among enforcement agencies, particularly between the police and immigration departments.
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The lack of clarity of communication between these agencies often results in miscommunication, confusion and injustice.
Suhakam recommends the establishment of a clear, streamlined information-sharing protocol to enable timely and transparent decisions that uphold the constitutional and legal rights of individuals. The law must never be arbitrary or oppressive in nature.
However, a more important concern is that the imposition of travel bans without due process contravenes the right to freedom of movement – a human and fundamental right firmly protected under both our Federal Constitution and international law.
Bearing in mind Fahmi Reza’s activities as a cartoonist and satirist, this brings us to another crucial issue. Article 10 guarantees the right to freedom of speech and expression.
As a cartoonist and satirist, Fahmi Reza has been a human rights activist exercising his political views through artistic expressions and satirical forms of expression. Such activities are protected by the Constitution and must be respected in a democratic society that upholds the Rule of Law.
Article 13(2) of the Universal Declaration of Human Rights affirms that “Everyone has the right to leave any country, including his own and to return to his country”.
Travel restrictions must therefore be imposed proportionately within a constitutional and legal framework and individuals subjected to such bans must be promptly informed, given the opportunity to challenge the decision, and provided access to an independent review mechanism.
Travel restrictions that are seemingly linked to his political expressions may therefore constitute an unlawful limitation of his constitutional and human rights.
Fahmi Reza’s unfortunate incident must serve as a critical reminder of the importance of respecting and safeguarding fundamental liberties through clear procedures, accountable governance, and a steadfast commitment to human dignity. Such an incident is not in consonance with good governance. – Suhakam
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