Statement by 131 academics, researchers in solidarity with Prof Abdul Aziz Bari

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131 Academics and Researchers in Solidarity with Professor Abdul Aziz Bari

Oct 24, 2011

We, the undersigned Malaysian academics and researchers, as well as colleagues from other countries researching on Malaysia, wish to record our serious concern and objection to the recent actions taken against Professor Abdul Aziz Bari of the International Islamic University Malaysia (IIUM).

Prof Aziz Bari is currently being investigated by the police under the Sedition Act 1948 and by the Malaysian Communications and Multimedia Commission (MCMC) under the Communications and Multimedia Act 1998 for a statement in an online news portal involving the Sultan of Selangor. He has since been suspended by his employer, IIUM.

According to a Bernama report on Oct 21, 2011, the Rector of IIUM Prof Zaleha Kamaruddin has stated that: “The university does not restrict any academic staff from giving statements but they must not be against the interests of the university.” We are extremely perturbed by this statement as Prof Aziz Bari’s comment was related to his interpretation of the Malaysian Constitution, his area of expertise. He has not done anything to compromise or undermine the interests or integrity of IIUM.

As academics and researchers, we view the action taken by IIUM as a gross violation of Prof Aziz Bari’s academic freedom as well as his right to free expression. As an academic, Prof Aziz Bari has the responsibility to use his expertise to enlighten the public on matters related to his field of interest and scholarship. In fact, Malaysia needs more scholars like him to give their expert views without fear or favour on issues of national concern.

Prof Aziz Bari’s suggestion that a Ruler has acted beyond his Constitutional bounds is a legitimate one. There is no evidence that he has acted, overtly or by implication, to incite hatred against the Ruler. Our reading of the Sedition Act 1948 is that it validates any criticism of a Ruler if such criticism is intended to constructively show that the Ruler has erred.

The hallmark of any institution of higher learning is the celebration and promotion of intellectual freedom, autonomy and responsibility by its faculty and student body. The credibility of a university is undermined if its management does not value intellectual freedom of expression through the pursuit of open discussions, debates and dissenting opinions in a scholarly and civil environment.

The investigations on Prof Aziz Bari by the government and IIUM’s decision to suspend him signal the further suppression of academic freedom in Malaysia, which has in fact long been curtailed by the Universities and University Colleges Act 1971.

To ensure a swift resolution of the selective persecution of Prof Aziz Bari and to undo the damage to IIUM’s reputation, we urge the responsible authorities to undertake the following remedial actions:

1. The IIUM to lift Prof Aziz Bari’s suspension immediately;

2. The police to cease all investigations against Prof Aziz Bari under the Sedition Act 1948; and

3. The Malaysian Communications and Multimedia Commission to cease all investigations against Prof Aziz Bari under the Communications and Multimedia Act 1998.

In addition we call on the authorities to fully respect academic rights and freedom through the following measures:

1. The Sedition Act 1948 which has unacceptable potential for abuse against fundamental freedoms of expression to be repealed.

2. The Universities and University Colleges Act 1971 to be repealed and replaced by a University Charter that upholds academic freedom and campus democracy.

Signed by:

Individuals