The walk will take place next Tuesday, 29 Nov 2011, from the entrance of the Royal Lake Club to Parliament House, to deliver the Bar’s Proposed Amendments to the Peaceful Assembly Bill to YB Datuk Liew Vui Keong, Deputy Minister in the Prime Minister’s Department. Members are advised to gather in their court attire at 11:30 am outside the Royal Lake Club entrance.
'Walk for Freedom' will proceed, says Bar Council
The Bar Council declared that its Walk for Freedom on Tuesday will continue despite the concession from the government that it would consider reviewing a number of the provisions in the proposed Peaceful Assembly Bill.
“W
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).
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).“However, it in fact reflects what is so wrong with the process involving the bill - it is being rushed with unholy haste into law without adequate public consultation.”
Lim said the best solution would be to refer the bill to a parliamentary select committee for public consultation and further deliberation.
The Bar Council has yesterday called for its 14,000-strong members to march to the Parliament on Tuesday where the bill is to be debated.
“In the UK, a distinction is drawn between static assemblies for which no notice is required and procession (assemblies in motion) for which notice of six clear days is to be give unless it is not reasonably practicable to give any advance notice. In Finland, only six hours is required,” said Lim.
“In Malaysia, assemblies in motion or processions except for funeral processions, are prohibited. This is outrageous.”
Notification period to be slashed
Minister in Prime Minister’s Department Nazri Abdul Aziz today confirmed reports that the cabinet had agreed to change parts of the controversial bill.
He said the 30-day notification period required for a public assembly will now be reduced to 10 days. But he did not mention whether the prohibition on street protests as stated in the proposed bill will be removed.
According to Lim, street protests allow “the demonstrators wider audience and visibility for others to see and hear what is the cause or grievance that these demonstrators are marching and speaking about”.
“The government cannot now rob us of this right of assemblies in motion, which is presently not prohibited in the Police Act - this and other provisions in the bill are objectionable,” said Lim.
He said, among others, they include:
- Prohibition of organisation of assemblies by persons below the age of 21 years.
- Prohibition of participation in peaceful assemblies of children below the age of 15 years.
- Unduly onerous responsibilities and restrictions on organisers and assemblies.
- Excessive fines for non-compliance of the bill.
In the latest protest today, some 400 people wearing yellow T-shirts gathered at the iconic Twin Towers in Kuala Lumpur, carrying yellow balloons that read "Say no to PAB 2011" and chanting "Free the people."
One of the organisers, Maria Chin Abdullah, said the bill is unconstitutional as it restricts the right to peaceful assembly. She said amending it would be insufficient.
"It's like cleaning poison out of food. You can't," the prominent women's rights activist told AFP. - Malaysiakini, 26/11/2011, 'Walk for Freedom' will proceed, says Bar Council
Dear Members of the Malaysian Bar
Walk For Freedom 2011: Peaceful Assembly Bill Cannot And Must Not Become Law!
Tuesday, 29 Nov 2011 at 11:30 am, From Royal Lake Club to Parliament
Martin Luther King Jr once said that “the ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.”
The Malaysian Bar and indeed Malaysia is now facing such a moment of challenge and controversy — an objectionable Bill, being rushed into law with unseemly haste without adequate public consultation, which effectively robs the rakyat of our constitutional right to freedom of assembly.
This Peaceful Assembly Bill (“Bill”) is far more restrictive than the current law. It is not a piece of legislation which we, as lawyers, can watch enter our statute books without standing up against it. It is not a piece of legislation which we want future generations to inherit, without us walking, and spending every ounce of our energy to oppose. If this piece of legislation makes it to the statute books, future generations would inherit a nation that is far from modern and progressive.
Members of the Bar are now called upon to march to object to this Bill. The walk will take place next Tuesday, 29 Nov 2011, from the entrance of the Royal Lake Club to Parliament House, to deliver the Bar’s Proposed Amendments to the Peaceful Assembly Bill to YB Datuk Liew Vui Keong, Deputy Minister in the Prime Minister’s Department. Members are advised to gather in their court attire at 11:30 am outside the Royal Lake Club entrance.
The Prime Minister, in his eve of Malaysia Day 2011 speech, had promised that:
… long gone is the era in which the government knows everything and claims monopoly over wisdom …
The Government will also review section 27 of the Police Act 1967, taking into consideration Article 10 of the Federal Constitution regarding freedom of assembly and so as to be in line with international norms on the same matter … (emphasis added)
… a Malaysia that practices [sic] a functional and inclusive democracy … in accordance with the supremacy of the Constitution, rule of law and respect for basic human rights and individual rights.
This Bill is not in line with international norms because of, amongst others:
(1) Prohibition of street protests (defined widely as “open air assembly which begins with a meeting at a specified place and consists of walking in a mass march or rally for the purpose of objecting to or advancing a particular cause or causes”);
(2) Prohibition of organisation of assemblies by persons below the age of twenty one years;
(3) Prohibition of participation in peaceful assemblies of children below the age of fifteen years;
(4) Unduly onerous responsibilities and restrictions on organisers and assemblies; and
(5) Excessive fines for non-compliance of the Bill.
Therefore this Bill is not “in accordance with the supremacy of the Constitution, rule of law and respect for basic human rights and individual rights”, which the Prime Minister promised it would be.
The Bill is in its second reading in the Dewan Rakyat, and in all likelihood it will be passed after the third reading. We must remain hopeful that we can make a difference, through our Walk for Freedom. We must urge the Prime Minister to amend the Bill by way of public consultation to ensure that Malaysia will have a legislation in the public interest, which truly upholds, protects and promotes our constitutional right to freedom of assembly.
We feel let down by how far short this Bill falls in relation to what the Malaysian people were promised in the Prime Minister’s Malaysia Day 2011 message. In short, the Prime Minister must walk his own talk.
Please click on the links below to view the:
(1) Bar Council press release entitled “Peaceful Assembly Bill is more restrictive than present law and must be improved” issued on 22 Nov 2011;(2) Bar Council press release entitled “Broken promise: Prime Minister has not lived up to Malaysia Day 2011 pledge" issued on 24 Nov 2011;(3) Malaysian Bar’s Memorandum on Peaceful Assembly Bill dated 24 Nov 2011; and
Please contact Gayathiri Paneerselvam, Officer, by telephone at 03-2050 2089 or by email at gayathiri.p@malaysianbar.org.my, should you have any queries.
I call on all Members to support us in this crucial initiative. See you on Tuesday, let’s walk!
Lim Chee Wee
President
Malaysian Bar
25 Nov 2011
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