H.E.

Rafendi Djamin Chairperson of the ASEAN Intergovernmental Commission on Human Rights (AICHR) Association of Southeast Asian Nations (ASEAN) Secretariat Jakarta, Indonesia Fax: +62 (0)21 739 8234 / 385 7316 Email: rafendidjamin@gmail.com

Open Letter to the Chairperson of AICHR regarding the Threats and Intimidation by the Malaysian Government against the Electoral Reform Mass Rally Supporters 1 July 2011 Your Excellency, The Asian Forum for Human Rights and Development (FORUM-ASIA), the South East Asian Committee for Advocacy (SEACA), the Southeast Asian Center for e-Media (SEACeM), the Southeast Asian Press Alliance (SEAPA), and the Initiatives for International Dialogue (IID) write to you today to draw your urgent attention to the on-going threats and intimidation by the Malaysian government against the electoral reform campaigners and supporters. The Coalition for Clean and Fair Elections (Bersih 2.0) is comprised of Malaysian civic and human rights organisations campaigning for electoral reforms and independent monitoring of elections in the country. Bersih 2.0 plans to hold a mass rally on 9 July 2011 to demand for, among others, fair access of all political parties to the media, reform of postal ballots and a revision of the electoral roll to address irregularities for the upcoming 13th General Elections to be held in mid-2012. We are appalled over the current wave of arrests and intimidation by the Malaysian authorities, which have taken place weeks ahead of the rally. As of today, around 120 campaigners and supporters have been arrested for distributing pamphlets or wearing Bersih 2.0 t-shirts for the 9 July mass rally. In particular, on 29 June 2011, the police raided the Bersih 2.0 office in Selangor without a warrant and confiscated election reform campaign materials including t-shirts, leaflets, laptops and banners while they arrested six staff members and one volunteer in the office. Although some of them were later released on bail, we are deeply concerned that there are still many individuals who remain in detention. One of main purposes of ASEAN is to strengthen democracy, enhance good governance and the rule of law, and to promote and protect human rights and fundamental freedoms in the region. The attempt by the Malaysian government to hinder the 9 July rally and weaken the electoral reform campaigns significantly undermines ASEANs inspiration and subverts its aim to establish the community of caring nations. The government of Malaysia must not shut down the space for citizens to freely exercise their rights to freedom of expression and peaceful assembly, which are essential components for a solid and vibrant democratic society. In this respect, we urge you to exert your full capacity as the Chairperson in order for AICHR to swiftly address this alarming situation of human rights in Malaysia, on which the concerns of international community are mounting. The Terms of Reference mandates AICHR to uphold international human rights standards as prescribed by the Universal Declaration of Human Rights, including freedom of expression and peaceful assembly among its members, and particularly Malaysia. Therefore, we also strongly call on AICHR: 1. To address and respond to this appalling situation of human rights in Malaysia as a matter of urgency, as consistent with its mandate; 2. To urge the government of Malaysia to stop further arrests of campaigners and supporters of the 9 July rally and to release immediately all those being detained; and 3. To recommend the government to allow Malaysian citizens to assemble peacefully on 9 July and let their electoral reform demands be heard.

We look forward to your positive response on this matter. Yours Sincerely,

Mr. Yap Swee Seng, FORUM-ASIA Ms. Consuelo Katrina Lopa, SEACA Mr. Sean Ang, SEACeM Ms. Gayathry Venkiteswaran, SEAPA Mr.Augusto N. Miclat, IID CC: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. H.E. H.E. H.E. H.E. H.E. H.E. H.E. H.E. H.E. H.E. Mr. Pehin Dato Hamid Bakal, Representative of Brunei Darussalam to AICHR Mr. Om Yentieng, Representative of the Kingdom of Cambodia to AICHR Mr. Bounkeut Sangsomsak, Representative of the Lao P.D.R. to AICHR Mr. Dato Sri Muhammad Shafee Abdullah, Representative of Malaysia to AICHR Mr. U Kyaw Tint Swe, Representative of Myanmar to AICHR Ms. Rosario Gonzalez Manalo, Representative of the Philippines to AICHR Mr. Richard R. Magnus, Representative of Singapore to AICHR Dr. Sriprapha Petcharamesree, Representative of the Kingdom of Thailand to AICHR Mr. Nguyen Duy Hung, Representative of Viet Nam to AICHR Dr. Surin Pitsuwan, ASEAN Secretary-Genera