The Malaysian government can at any time withdraw this Bill, and prevent it from becoming law. The Malaysian Senate is also filled with Barisan Nasional appointed Senators, and they like the Barisan Nasional Members of Parliament also generally do not have the independence or the guts to reject a Bill that is being tabled by the Barisan Nasional government...Even, if the government do withdraw this Peaceful Assembly Bill, they can always re-table a Bill at a later date... The option thus lies with the government...
Cet appel sera publié dans la section française de note site web dans quelques jours: www.frontlinedefenders.org/fr Este llamamiento será publicado en breve en la versión española de nuestra página web: www.frontlinedefenders.org/es Данное сообщение сейчас переводится и появится на русскоязычной версии сайта через несколько дней www.frontlinedefenders.org/ru سيتم ترجمة هذه المناشدة وستظهر في القسم العربي من موقعنا الالكتروني خلال بضعة ايام www.frontlinedefenders.org/ar |
30 November 2011
Re: Malaysia – New assembly law will violate the legitimate right of human rights defenders to peaceful assembly
On 29 November 2011, the lower house of the Malaysian Parliament approved a Peaceful Assembly Bill. This Bill will severely effect the right of human rights defenders (HRDs) to exercise peaceful assembly to campaign for human rights. The Bill will be reviewed by the Senate on 7 December 2011.
HRDs in Malaysia have been subjected to violence when they exercise their rights to peaceful assembly to raise public concerns on human rights. Front Line has issued a number of urgent appeals on behalf of HRDs whose right to peaceful assembly were violated, including the raid on the secretariat of Coalition for Clean and Fair Elections (Bersih 2.0) and the brief detention of their staff prior to the peaceful assembly that the coalition was holding.
In July 2011, Front Line issued an urgent appeal after Malaysian authorities banned fifteen prominent human rights leaders from entering Kuala Lumpur during the time of a demonstration. During a mission to the country in July-August 2011, a Front Line representative witnessed the direct intimidation and harassment of HRDs by riot police and special branch police during a peaceful assembly which called for the release of individuals who were subjected to arbitrarily detention under the Emergency Ordinance.
According to the Bill, street protests will be outlawed. Organisers are obliged to inform authorities 10 days prior to the dates on which the assembly will be held. It is reported that the Bill also gives ultimate power to police and the Ministry of Home Affairs to authorise peaceful demonstrations. The police will have the power to impose conditions, including date, time, and the venue of the assembly.
Front Line is also informed that under the law no one under the age of 21 will be permitted to organise an assembly, while persons under the age of 15 will not be allowed to participate in peaceful assemblies. The police will be allowed to fine the organiser up to RM 10,000 (€ 23,733) if they receive no advance notice of a planned assembly. In addition, the police will be allowed to fine those arrested for organising an unauthorised assembly a maximum of RM 20,000 (€ 47,465).
Front Line is concerned by the lack of transparency in the process of drafting this Bill as the draft Bill was only made known to the public last week, while the version which will be reviewed by the Senate has not yet been released to HRDs. Front Line is alarmed that the law will further restrict the rights of HRDs in Malaysia to peacefully assemble. Front Line considers that the components making up the the law are contradictory to Article 10 (1) (b) of the Federal Constitution of Malaysia, the Universal Declaration of Human Rights, and the Convention to the Rights of the Child which Malaysia is a party to.
Front Line urges the authorities in Malaysia to:
- Extend the review process by the Senate by at least three months to ensure proper scrutiny of the Peaceful Assembly Bill in order to ensure that it conforms with international human rights standards;
- Hold proper consultations with human rights defenders and organisations and seriously take their concerns into account;
- Guarantee in all circumstances that human rights defenders and organisations in Malaysia are free to carry out their legitimate activities in defending and protecting the rights of others, without fear of reprisals and free of all undue restrictions.
On the other hand, the Bar Council’s draft Bill approaches the matter with an understanding of the urgent need to change the mindset of how such matter has been dealt with by the authorities in the past half a century, and the democratic necessity to fulfill the Rakyat’s growing expectations of greater fundamental liberties in line with international practices and developments.
The Bar Council’s draft Bill is intended to promote and facilitiate the freedom of the right of peaceful assembly, whereas the government’s Bill, while providing small improvements in certain limited aspects, continues to constrict the space for freedom of peaceful assembly that the people ought to have.
The governement’s Bill vests excessive powers and control with the police whilst imposing onerous duties and responsibilities on organisers and participants of public assemblies.
(a) to reaffirm, promote and facilitate the right of peaceful assembly for all persons; and
(2) The right to organise a public assembly and the right to participate in a public assembly peaceably and without arms are subject only to such conditions and restrictions as are necessary and reasonable in a democratic society in the interest of –
8. (1) An assembly notice must –
(2) No assembly notice is required to be given in respect of any of the following –
(2) Except where the organiser has (through consultation or negotiation) agreed in writing to a condition, a condition may not be specified by the OCPD unless –
(1) the OCPD has in good faith given due regard to the objects and spirit of this Act; and
The Bill, which bans street demonstrations but allows regulated assemblies, was passed by voice vote, in the absence of Pakatan Rakyat MPs who had staged a walkout in the middle of the second reading.
Referring to the opposition’s absence as "cowardice", Nazri (left) said the Bill is not unconstitutional as Section 2(b) of the federal constitution allows Parliament to enact legislation to protect public order and safety.
"Why did they give notice? They want protection from police for fear of provocation....The provision for advance notice is not to block the assembly but to protect the demonstrators. The Bar Council knows this.”
Action is expected in front of Parliament House as activists have called on the public to gather there for three consecutive days, with effect from 11am in an 'Occupy Parliament' move.
10.45am: A member of the Bar Council secretariat tells reporters that the gathering has been shifted to the junction of the road leading to the Royal Lake Club approximately 300m away.
11.03am: More than 100 people are present - the lawyers are wearing suits and many of the supporters are in yellow.
11.16am: The Bar Council is distributing its 18-page draft of the Peaceful Assembly Act to the media.
11.35am: Bar Council constitutional committee head Syahrezan Johan (left) tells them: This walk today is not about politics, it about the unholy haste (in which) they (government) are pushing it through to limit our constitutional right.
At Parliament House, meanwhile, police have set up a roadblock at the entrance, in readiness for the demonstrators.
11.59am: Bar Council Secretary Tony Woon Yeow Thong tells the crowd at the Lake Gardens that the government has gone back on its word. During consultations, it had told the Bar Council that it would live up to international standards of human rights.
12.26pm: A group who claims to be a coalition of Malay NGOs are already at the bridge leading to Parliament. They are chanting "We are against free sex!". One is overheard saying "Go back to India", which does not go down well with Indian Malaysians who hear it.
12.45pm: Both the Bar Council's group and Malay NGOs have reached the bridge that connects to the entrance of Parliament.
"We saw the Bar Council group holding placards which was promoting free sex," he said.
hilst it is mildly positive that the government - in reaction to public protest - is considering amending seven provisions, save for reduction of the notification period, we know not of other amendments...,” said the council chairperson Lim Chee Wee (right).
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