Lawyers For Liberty (LFL) refers to the 20 July statement by the government’s chief secretary, Shamsul Azri Abu Bakar, who told civil servants not to participate in the upcoming “Turun Anwar” (Anwar, Step Down) rally this Saturday.
He said it was inappropriate for civil servants to take part in the rally because it would not be in accordance with the principles of the Rukun Negara (National Principles), namely “loyalty to king and country”.
The chief secretary’s statement lacks any basis in law and is plainly contrary to the Federal Constitution. Article 10(1)(a) and (b) of the Constitution guarantees the right to freedom of expression and the right to peacefully assemble.
This is the highest law of the land, which Shamsul Azri is sworn to uphold. Has he forgotten his oath to do so? It is his duty to protect civil servants, and not to oppress at the government’s behest.
On the part of the government, it is a desperate move to rely on the top civil servant to try to shut down an opposition mass rally. Who gave instructions for this directive to be issued? The public has a right to know.
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It is also plainly absurd for Shamsul Azri to say that participation in the rally would mean that civil servants would be “disloyal to king and country”.
To right to criticise the prime minister is the democratic right of civil servants, and not an act of disloyalty to the country.
The PM is an elected official – not a monarch. His mandate is given by the people and can also be taken away by the people. It is their democratic right.
This right is exercised not only through the ballot box every five years. Criticism, dissent and protest are part and parcel of the democratic process.
To label these as acts of disloyalty, as Shamsul Azri did, is to fundamentally misunderstand our laws and constitutional framework.
Despite this government’s best effort to trample upon democratic rights, the people’s right to free speech and peaceful assembly are well protected by the Federal Constitution. To march and protest is the right of all the people, including civil servants.
As such, LFL urges all civil servants to ignore the unlawful directive given by the chief secretary of the government. It is legal and appropriate for civil servants to participate in the upcoming rally this Saturday, should they wish to do so.
The concept of “Keluhuran Perlembagaan”, which is the supremacy of the Constitution, trumps any illegal and self-serving directive from the government.
Should any civil servant be subjected to any form of action for exercising their constitutional rights on Saturday, LFL is prepared to provide assistance to them. – LFL
Zaid Malek is the director of Lawyers For Liberty.
AGENDA RAKYAT - Lima perkara utama
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
