Joint Press Statement
Rights for All Under the Federal Constitution
22 June 2006

Today on 22 June 2006, representatives from Article 11 were at Putrajaya to hand over to the Prime Minister an open letter entitled "Reaffirming the supremacy of the Federal Constitution" which had garnered approximately 20,000 signatures.

The open letter was launched on 12 March 2006 at Article 11's first public seminar "Federal Constitution: Protection for All" in Petaling Jaya and since then through similar seminars in Melaka and Penang, via the Internet and through individuals, Article 11 has managed to collect about 20, 000 signatures.

Article 11 will continue collecting signatures to support this open letter and today's handover to the Prime Minister is to urge the leader of our nation to heed the call to honour the social contract of our founding fathers from Malaysians of all descents, religions, faiths and beliefs, who have signed the open letter.

We will also continue to organise public forums to educate Malaysians on the importance of the Federal Constitution as a blueprint for nation building and to give life to Article 11 of the Federal Constitution that guarantees the fundamental liberty of every person in Malaysia "to profess and practice his religion".

Article 11

Article 11 is a coalition of 13 NGOs committed to embrace, uphold and pursue the realisation of principles concerning freedom of thought, conscience and belief as guaranteed by the Federal Constitution and international Human Rights norms. We pledge to uphold the supremacy of the Federal Constitution as the law of the land; and fundamental rights for all Malaysians regardless of religion, race descent, place of birth or gender.

Why the Open Letter to the Prime Minister?

Article 4(1) declares that the Constitution is the supreme law of the Federation and that the oath of office of all parliamentarians, cabinet minister and judges is to defend the Constitution.
As the head of the government of Malaysia and leader of the largest party in the ruling coalition, the Prime Minister is uniquely placed to ensure adherence to the letter of the Constitution as well its spirit: democracy, good governance and respect for all.

The Urgency of the Issue

Article 3(1) of the Federal Constitution states: "Islam is the religion of the Federation." The Federation of Malaya Constitutional Commission, 1956-57 Report, states that this Article "shall not imply that the State is not a secular State." The Supreme Court decision in Che Omar Che Soh (1988) reaffirmed that "the law in this country is still what it is today, secular law."

Yet, not only do we hear increasing claims that Malaysia is an Islamic state, there is an increasing hostility towards the affirmation of the right to freedom of belief for all Malaysians under the Constitution.

Recent events in Penang, where an Article 11 forum was disrupted by belligerent protestors, have shown how misinformation (the erroneous conflation of Article 11 with the proposed Interfaith Commission) and intolerance were used to stifle rational dialogue.

Furthermore, the encroachment of religious morality and edicts upon civil law is denying access to justice to a number of Malaysians.

We therefore:

• call on the government and judiciary to uphold the supremacy of the Federal Constitution;
• call upon the government to ensure governance in accordance with the Federal Constitution and premised on the universal values of all Malaysian peoples;
• call upon the government to reaffirm that Malaysia shall not become a theocratic state;
• call upon the government to recognise the proper position of the judiciary within the Constitutional framework, as an independent and equal arm of Government.

Spokespersons for Article 11:

Ivy Josiah, Women's Aid Organisation (WAO)
Honey Tan, All Women's action Society (AWAM)
Ramdas Tikamdas, National Human Rights Society (HAKAM)

Article 11 is a coalition of 13 Malaysian NGOs with its secretariat being Women's Aid Organisation and Sisters in Islam. Members of Article 11 are All Women's Action Society (AWAM); Bar Council Malaysia; Catholic Lawyers Society; Interfaith Spiritual Fellowship; Malaysian Civil Liberties Society, Protem Committeen (MCLS); Malaysian Consultative Council of Buddhism, Christianity, Hinduism and Sikhism (MCCBCHS); National Human Rights Society (HAKAM), Pure Life Society, Sisters In Islam, Suara Rakyat Malaysia (SUARAM); Vivekananda Youth Movement, Seremban; Women's Aid Organisation (WAO), Women's Development Collective (WDC).

Sign the "Open Letter: Reaffirming the Supremacy of the Federal Constitution" online