17 February 2010
 
H.E. Penny Williams
Australian High Commissioner to Malaysia
Australian High Commission
6, Jalan Yap Kwan Seng
50450 Kuala Lumpur

 
Your Excellency,
 
MEMORANDUM OF PROTEST
 
We, the Barisan Nasional Youth, together with other Malaysian youth organisations, hereby record our protest against the action of Michael Danby MP, chairman of the Australian foreign affairs parliamentary subcommittee, claiming to represent 50 Australian Members of Parliament (“MPs”), in sending a letter, dated 11 February 2010, (“the letter”) to the Malaysian High Commission in Australia regarding the ongoing trial of Dato’ Seri Anwar Ibrahim.
 
We are shocked at the impudence of the letter in disregarding the rule of law and trampling upon the sacred principle of sovereignty that governs relations between nation states, by urging the Malaysian Government to drop the charges against Dato’ Seri Anwar. We would like to remind the MPs concerned that, Article 2 of the United Nations Charter spells out the principle of non-intervention in issues which are within the domestic jurisdiction of a state, in accordance with the principle of sovereign equality between all member states.

We would also like to point out that Australia, as a signatory to the Treaty of Amity and Cooperation in Southeast Asia, has committed itself to respecting the sovereignty of other signatory states and for the right of each state to lead its national existence free from external interference. 
 
There can be no dispute that the trial of a Malaysian citizen – in a Malaysian court under Malaysian law – falls completely within the sphere of Malaysia’s domestic jurisdiction.
 
We note that in the said letter, the Australian MPs recorded their respect for the fact that sodomy is a crime in Malaysia.  We demand that they extend the same respect to the Malaysian judicial system, to act in accordance with the rule of law and to adjudicate with justice and equality.
 
As such, we further condemn, in the strongest manner possible, the insinuation that the charges against Dato’ Seri Anwar Ibrahim were concocted to advance the political goals of the Barisan Nasional Federal Government. In the absence of any evidence whatsoever, this is an unwarranted and extremely reckless charge to level, and sets a dangerous precedent for international relations.
 
In the spirit of improving relations between our two countries and in the hope of a speedy resolution to this conflict, we hereby urge the following measures:
 
1.    Michael Danby and the other signatories to immediately retract the letter to the Malaysian High Commission in Australia;

2.    Michael Danby to issue, on behalf of the Australian foreign affairs parliamentary subcommittee, an unequivocal apology for disrespecting Malaysia’s rule of law and sovereignty, and suggesting that the Malaysian Government is interfering with the judicial process; and

3.    The Australian Prime Minister, Hon. Kevin Rudd, to issue a statement reproaching the actions of the Members of Parliament and reaffirming the Australian Government’s respect for Malaysia’s rule of law and sovereignty.
 
We hope this memorandum has conveyed the severity of the anger that the letter has generated among the Malaysian public who have no quarrel with the Australian people.  We have strong economic, educational and social linkages that both countries want to further develop.  Nonetheless a blatant act of insensitivity, insult and interference as demonstrated by this letter can only be met with the strongest condemnation and protest from Malaysians.

Thank you.

On behalf of Barisan Nasional Youth and other Malaysian youth organisations present,


Khairy Jamaluddin MP
Chairman of Barisan Nasional Youth