8 July 2011

Prime Minister Dato' Sri Mohammed Najib bin Tun Abdul Razak
Office of the Prime Minister
Main Block, Perdana Putra Building
Federal Government Administrative Centre
62502 Putrajaya, MALAYSIA
Via facsimile: +60-3-8888-3444

Re: Arrest and detention of PSM and other activists participating in Bersih-related activities

Dear Prime Minister Najib,

We, of the Asia-Europe Peoples' Forum (AEPF), are alarmed by the recent arrest of leaders and members of Bersih -- the Coalition for Clean and Fair Elections.

As a network of people's organisations, coalitions, NGOs, academics, trade unions, and parliamentarians who uphold the principles of democracy, rule of law, justice, and human rights, we at the AEPF denounce this blatant disregard by the Malaysian government of the civil and political rights of its citizens. We particularly condemn the crackdown against Parti Socialis Malaysia (PSM) and the continued detention without any charges or open trial of 30 PSM members including a Member of Parliament for simply campaigning for clean and fair elections.

May we remind you that Malaysia, as a member of ASEM (with whom we at AEPF actively engage), adhere to the Asia-Europe Cooperation Framework (AECF) which "envisage(s) Asia and Europe as an area of peace and shared development uphold(s) the purposes and principles of the UN Charter, respect for democracy, the rule of law, equality, justice and human rights, concern for the environment and other global issues, eradication of poverty, protection of cultural heritage and the promotion of intellectual endeavours, economic and social development, knowledge and educational resources, science and technology, commerce, investment and enterprise."

The Malaysian government's actions are contrary to these AECF principles.

Based on information from networks in Malaysia, at least 150 persons have been arrested or summoned by the police for investigation on politically-motivated charges. A Filipino labor leader – Romy Castillo – who attended the month-long study trip with PSM was among those arrested and detained.

We cannot allow the harassments, arrests, especially the torture and inhumane treatment of the detained PSM members and their supporters to continue.

We strongly support the following calls of our Malaysian networks such as PSM and SUARAM, together with other human rights organisations like FORUM Asia, for the government of Malaysia to:

• Immediately release all those being arbitrarily detained for their participation in peaceful Bersih-related activities and drop all charges against detainees
  
  On July 2, 6 PSM leaders (Sungai Siput MP Michael Jeyakumar Devaraj, PSM deputy chairperson M. Saraswathy, central committee members Choo Chon Kai and M. Sukumaran, Sungai Siput branch secretary A. Letchumanan, and PSM Youth leader Sarat Babu) were put under indefinite preventive detention under the draconian Emergency Ordinance by the police. Further, these 6 leaders and another 24 PSM activists – all were peacefully holding information-campaign activities for clean and fair elections – are charged for offenses under penal code article 122 ("waging war against the king"), the Sedition Act, and the Police Act of 1967. The Malaysian government should ensure the detainees the physical and mental integrity of the detainees and allow for family and lawyer access.
  
  
• Rescind the decision to declare Bersih an illegal organization and stop arresting peaceful political activists promoting Bersih 2.0
  
  Bersih was established for the purpose of promoting reform of Malaysia's electoral laws, regulations, and procedures. As a coalition of over 60 NGOs, it has made comprehensive proposals that deserve the consideration of your government and the Election Commission. The Bersih leaders and supporters have pursued their civil and political rights to participation in their government as provided by international human rights laws and principles. Malaysia should respect and protect the human rights of its people especially when Malaysia is also a member of the UN Human Rights Council.
  
  
• Allow the march of Bersih 2.0 planned in Kualu Lumpur on July 9, 2011 to proceed
  
  Bersih leaders have publicly pledged that the planned July 9 march will be peaceful. The Malaysian government should allow the march to proceed and clearly undertake not to unilaterally block, disrupt, or otherwise break up the march as long as it remains peaceful. Similarly, the planned marches by Perkasa and UMNO Youth should also be allowed under the same provisos and conditions that they are peaceful. We call on the authorities to confine their role to maintaining the peace by keeping separate all three marches and rallies to be held on July 9 so that there would be no incidents between marchers. The police should not harass or arrest persons peacefully travelling to join and participate in those marches on July 9.
  
  

We look forward to your immediate and fair consideration to our calls.

For justice and peace,

Charles Santiago
Monitoring Sustainability of Globalisation
AEPF Co-coordinator for Asia

Maris dela Cruz
AEPF Secretariat for Asia
c/o Institute for Popular Democracy
28 Mapagkawanggawa corner Magiting Streets
Teachers’ Village, Diliman, Quezon City Philippines

AEPF is a network of about 500 civil society organisations across Asia and Europe. Among them are the following organisations and individuals that took part in drafting and in circulating this letter.

Asia House (Germany)
Asian Forum for Human Rights and Development (FORUM Asia)
CNCD - 11.11.11 (Belgium) Development and Civilisations Lebret-Irfed (France)
Focus on the Global South (Thailand, Asia)
Finnish Asiatic Society (Finland)
Institute for Popular Democracy (Philippines)
Indonesian Partnership for Local Governance Initiatives (Indonesia)
Monitoring Sustainability of Globalisation (Malaysia)
One World Action (United Kingdom)
Transnational Institute (Netherlands)
Vietnam Peace and Development Foundation (Vietnam)
11.11.11. (Belgium)
Action for People's Democracy in Thailand
Akbayan Youth (Philippines)
Alab Katipunan-Fervor of the Katipunan (Philippines)
Alyansa ng Maralitang Pilipino - Alliance of Poor Filipinos (Philippines)
Alliance of Progressive Labor (Philippines)
Altsean-Burma
Aniban ng mga Manggagawa sa Agrikultura (Philippines)
Anti-POSCO PPSS (Orissa,India)
ARTICLE 19 (Global)
Asia Floor Wage Alliance (India)
Back Pack Health Worker Team (Burma)
Both ENDS (Netherlands)
Burma Layers' Council
Burma Partnership
Center For Peace & Civil Society (Pakistan)
Centre for Policy Analysis, India Centre on Housing Rights and Evictions (COHRE)-ASIA
Centre for Human Rights and Development, Food Coalition (Mongolia)
Citizens’ Peace Watch (Philippines)
Coalition Against Trafficking in Women - Asia Pacific
Coalition for Nuclear Disarmamant and Peace (India)
Committee for Asian Women (Thailand)
DEMOS (Indonesia)
Dignity International (Malaysia/Netherlands)
Ecologistas en Acción (Spain)
EU-ASEAN FTA Campaign Network (Southeast Asia)
Equity and Justice Working Group Bangladesh (Bangladesh)
Europe solidaire sans frontières (ESSF), France
Forum for Democracy in Burma
Foundation for Media Alternatives (Philippines)
Global Call to Action Against Poverty (Philippines)
Green Watershed (China)
Human Rights Defenders-Pilipinas (HRD-Pilipinas)
Human Rights Education Institute of Burma (HREIB)
Human Rights Working Group (HRWG-Indoenesia)
Indian Social Action Forum (India)
Indonesian women's Coalition for Justice and Democracy/Koalisi Perempuan Indonesia untuk Keadilan dan Demokras (Indonesia)
KePPaK PEREMPUAN (Indonesia)
Kilusan para sa Pambansang Demokrasya (Philippines)
Inkrispena (Indonesia)
Initiatives for International Dialogue (Philippines)
International NGO Forum on Indonesian Development (Indonesia)
Institut Perempuan-Women’s Institute (Indonesia)
Institute for Global Justice (Indonesia)
Institute of Social Development (Sri Lanka)
International Institute for Research and Education-Manila (Philippines)
Judicial System Monitoring Programme (Timor)
Kampanya para sa Makataong Pamumuhay/Life of Dignity for all Campaign (Philippines)
KAUKUS 17++ network (Indonesia)
Labour Party Pakistan
Lao Biodiversity Association (Lao)
Legal Rights and Natural Resources Center (Philippines)
Malaysian Election Observers Network (Malaysia)
Migrant Forum in Asia (Asia)
Mindanao Peoples' Peace Movement (Philippines)
Nadi Ghatti Morcha (Chhatisharh, India)
National Trade Union Federation (Pakistan)
Nasional Secretariat Indonesia People Empowered and Preparedness Networking (Indonesia)
Network for Democracy and Development (NDD)
Network for Transformative Social Protection (Asia)
Nigeria Labour congress (Nigeria)
Nonviolence International Southeast Asia
Pakistan Fisherfolk Forum (Pakistan)
Pakistan Kissan Rabita Committee (Pakistan)
Pambansang Katipunan ng mga Samahan sa Kanayunan (Philippines)
Partido Lakas ng Masa-Party of Laboring Masses (Philippines)
Partido ng Manggagawa-Labor Party (Philippines)
Pax Romana- ICMICA Asia
Partnership for Governance Reform (Indonesia)
PEACE (India)
Philippine Alliance of Human Rights Advocates (Philippines)
Philippine Airlines Employees Association-PALEA (Philippines)
Peoples' Empowerment Foundation (Thailand)
People's Solidarity for Participatory Democracy (Korea)
Peoples Union for Civil Liberties (Uttar Pradesh, India)
Perempuan Mahardhika-Mahardhika Women (Indonesia)
Perhimpunan Rakyat Pekerja-Working People Association (Indonesia)
PERGERAKAN Indonesia (Indonesia)
Preparation Committee for Confederation of National Union (Indonesia)
Progressive Youth Front (Pakistan)
Pusat Telaah dan Informasi Regional-PATTIRO (Indonesia)
RESPECT Network - Europe
Rosa Luxemburg Foundation-Brussels Office (Belgium)
Sarawak Dayak Iban Association (Malaysia)
Shwe Gas Movement from Burma
SOLIDAR (Belgium)
Southeast Asian Centre for e-Media
Stop the War Coalition (Philippines)
Student Council Alliance of the Philippines (Philippines)
Students and Youth Congress of Burma ( SYCB)
Taiwan Association for Human Rights (Taiwan)
Task Force Detainees of the Philippines (Philippines)
Think Centre (Singapore)
United Cavite Workers' Association (Philippines)
Uppsala Social Forum (Sweden)
WomanHealth Phippines
Women League of Burma (WLB )
Women Workers Help Line (Pakistan)
Women's Day Off ( Philippines)
Worker Hub For Change ( WH4C ) International
World Forum for Democratization in Asia (Taiwan)
Yayasan LINTAS NUSA – Batam (Indonesia)
Young Progressives Southeast Asia (Philippines)

Individuals:

Helmut Scholz, GUE/NGL Member of European Parliament
Andy Rutherford (United Kingdom)
Prof. Anuradha Chenoy, Jawaharlal Nehru University (India)
Dr. Francisco Nemenzo, Professor Emeritus, University of the Philippines
Hoang Phuong Thao (Vietnam)
Ichiyo Muto (Japan)
Josefa S. Francisco, Chairperson, International Studies Dept, College of International, Humanitarian & Development Studies- MIRIAM COLLEGE (Philippines)
Prof. Kamal Mitra Chenoy, Jawaharlal Nehru University (India)
Ms. Valentina Sagala, Women’s Institute ( Indonesia)
YC Cheeuh, Trade Union officer, NUBE (Malaysia)