MEDIA STATEMENT – 9 SEPTEMBER 2021
UNCONSTITUTIONAL TO CURTAIL RIGHTS OF NON-MUSLIMS
The announcement by Ahmad Marzuk Shaary, deputy minister in the Prime Minister’s department (religious affairs) that the federal government is drafting a bill on control and restrictions on the development of non-Muslim religions is an unwelcome piece of news for all non-Muslims in Malaysia, and especially in Sarawak. This is like a recurring nightmare that won’t go away, and reliving it this close to Malaysia day certainly gives us more reason to reflect on wisdom or otherwise of the decision taken by Sarawak in 1963.
Yesterday’s statement by the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) on this matter points out correctly that Article 11 (1) of the Federal Constitution gives the right to every person: “to profess and practise his religion and, subject to clause (4), to propagate it”. Clause (4) provides that there is to be no propagation of other religions doctrine or belief to Muslims. Clearly, the Constitution safeguards the right of non-Muslims to practise and propagate their religions so long as that does not involve Muslims. I strongly support the call by the MCCBCHST that the Prime Minister Datuk Seri Ismail Sabri Yaakub clarify the issue, as it has caused much unhappiness and anxiety for the non-Muslims in this country.
I note that the deputy minister had remarked that the bill was in response to the recent High Court decision that non-Muslims are free to use the word ‘Allah’. That decision is consistent with what we understand to be the rights of all Malaysians under the Federal Constitution and particularly the rights of Sarawakians and Sabahans pursuant to the recommendations set out in the Inter Governmental Committee Report 1962 and the terms of the Malaysian Agreement 1963. During the talks leading to the formation of Malaysia, the non-Muslim communities of Sarawak had voiced their reservations about Islam being the religion of the Federation. It was finally agreed that ‘While there was no objection to Islam being the national religion of Malaysia there should be no State religion in Sarawak, and the provisions relating to Islam in the present Constitution of Malaya should not apply to Sarawak’. The absence of a state religion was key to Sarawak’s agreement to join in the formation Malaysia in 1963, a fact which all political leaders should bear in mind. There is no official religion in Sarawak, and all are free to profess and practise the faith of their choosing.
De facto Law Minister Wan Junaidi Tuanku Jaafar sought to downplay the issue, saying that religious matters are under state lists and such laws propagated by the Federal government are not legally binding on states. This does not address the issue of why the government keeps attempting to violate the rights of non-Muslims which are entrenched in the Federal Constitution. It is not good enough to brush the matter aside by saying some politicians shoot their mouths off. As the de facto law minister and a Sarawakian, he has to give us a better and more reassuring response that he and all the other Sarawakian ministers and deputy ministers will speak up against the bills when they are presented at the cabinet level. Better still, he should advise the deputy minister in the prime minister’s department against proceeding with it at this early stage.
Sarawakian MPs from GPS and Bersatu must take note that all Sarawakians are watching them closely – will they have the courage to stand up for our rights or will they be meek and mild minions to their Malayan masters? This is a crucial test for them. The direction the country has been heading is certainly not what our forefathers signed up for and Sarawakians are weary and bitterly resentful of certain Malayan politicians’ unceasing efforts to oppress the minority’s rights. We are slowing but surely becoming a country where religious and racial intolerance is increasing, and religious extremism growing. Passing more laws to control and restrict religious freedoms only encourages religious intolerance and bigotry.
This latest move by the government makes a mockery of the ‘Malaysian Family’ concept propounded by the new PM in his maiden speech. It will divide rather than unite Malaysians.
Baru Bian
MP 214 Selangau