22 December 2011 - the day the Senate passed the anti-worker amendments to the Employment Act 1955

Well, on 22 December 2011, the last day of the Senate sitting, the Barisan Nasional government got the 'draconian' anti-worker anti-union  Bill to amend the Employment Act 1955 passed....now it will go to the King for his approval and thereafter it will become law...

Anger and disappointment with the leadership of the Malaysian Trade Union Congress (MTUC) is because they failed to provide effective leadership and actions to stop these amendments which will now enable factories/plantations/workplaces to evade employment relationships with the workers that work for them. 

Now this amendments will make 'labour suppliers' (contractors for labour/manpower outsourcing companies) into employers...The question now is whether the MTUC will just 'give up' on this struggle to retain employment relationships as it is...Will they gather hundreds of thousands of workers and petition the King... Will they still put pressure on Najib and his BN government not to start using this 'law' - or for the repeal of those draconian anti-worker anti-justice provisions...

MTUC represents more that 802,000 workers who are members of its member unions, and is also the representative of all workers in Malaysia in all negotiations with the Malaysian government and/or the ILO.

Of course, the fact of the amendment being approved by the Senate was 'down-played' and not given much media coverage ... and I too was not too certain whether it was passed or not.. (Extracts of the Hansard on 22/12/2011, where this matter was discussed from 11.40am and was passed by about 4.00pm...)

 

1140
RANG UNDANG-UNDANG
RANG UNDANG-UNDANG KERJA (PINDAAN) 2011
Bacaan Kali Yang Kedua dan Ketiga
11.41 pg.
Timbalan Menteri Sumber Manusia [Dato'Maznah Mazlan]: Terima kasih. Tuan Yang di-Pertua, saya mohon mencadangkan supaya Rang Undang-undang Kerja (Pindaan) 2011 iaitu
satu rang undang-undang buruh utama yang mengawal hubungan antara majikan dan pekerja di sektor swasta serta mengandungi peruntukan-peruntukan mengenai hak-hak pekerja dan
standard-standard minimum pengajian dibacakan bagi kali yang kedua sekarang. .....

1600
[Tuan Yang di-Pertua mempengerusikan Mesyuarat]
Tuan Yang di-Pertua: Ahli-ahli Yang Berhormat, sebagaimana yang telah pun dipohon
untuk belah bahagian, penghitung telah membuat pengundian dan keputusannya adalah seperti
berikut:
Ahli-ahli yang bersetuju 36 undi... [Tepuk]
Ahli-ahli yang tidak bersetuju 8 undi.
Tuan Yang di-Pertua: Dalam perkara ini, izinkan saya memperingatkan. Sungguhpun
demokrasi dalam peraturan ada, saya merayu – sudah merayu pun. Selepas ini saya akan tegas
dalam keputusan saya. Sebagai Yang di-Pertua, keputusan muktamad adalah di tangan saya dan
saya harap Yang Berhormat semua akur dan patuh. Dalam persidangan ini saya cuba memberi
ruang. Jangan lupa bahawa sekarang ini jam pukul 4.02 petang. Kita ada lagi sembilan rang
undang-undang. Selepas ini kalau sistem yang saya cuba benarkan – nampaknya tidak dihiraukan,
tidak diambil berat bersama tanggungjawab. Majlis kita bersidang ini terpaksa kita sudahkan.
Malam tadi kita sudah tapi belah bahagian ini sudah satu trend nampaknya. Saya terima, saya
akur, patuh kepada peraturan tetapi fikirlah baik-baik apa faedahnya kepada kita.
DN 22.12.2011
66
Dalam suasana demikian, kita membuat keputusan begini hanya membuang masa. Inilah
contohnya... [Tepuk] Kepada Ahli Yang Berhormat...
Dr. Syed Husin Ali: [Bangun]
Tuan Yang di-Pertua: Tidak payah Yang Berhormat. Beri saya bercakap dahulu. Izinkan
saya bercakap dahulu. Bila saya bercakap ini, ini bukan emosi, tetapi untuk bersama-sama kita
bertanggungjawab cuba hendak menyelesaikan. Kita hari terakhir hari ini. Kita hanya tidak sampai
beberapa jam lagi dan kita buat keputusan tadi usulnya sampai habis. Sampai habis itu maknanya
tidak lebih daripada 12 tengah malam. Oleh demikian, saya teruskan.
Ahli-ahli Yang Berhormat, oleh kerana lebih suara yang bersetuju, maka rang undangundang
ini dibacakan kali yang kedua sekarang.
Rang undang-undang dibacakan kali yang kedua dan diserahkan kepada Dewan sebagai
Jawatankuasa.
Majlis bersidang dalam Jawatankuasa.
[Tuan Yang di-Pertua mempengerusikan Jawatankuasa]
Fasal-fasal dikemukakan kepada Jawatankuasa.
Fasal 1 hingga 33 diperintahkan jadi sebahagian daripada rang undang-undang.
Rang undang-undang dimaklumkan kepada Majlis sekarang.
Majlis Mesyuarat bersidang semula.
Rang undang-undang dilaporkan dengan tidak ada pindaan; dibacakan kali yang ketiga
dan diluluskan.

MTUC president, sec-gen to face no-confidence motion

This is democracy - and when leaders fail to be seen to do their job in leading the struggle for rights, they will face the wrath of the membership...the 'ever-vigilante' membership who demands action - What is happening in the MTUC also happens at the Malaysian Bar - but sadly a similar attitude and reaction does not happen much at the level of local government or the State government or the Federal government... power must be vested with the people to be able to express disappointment and even the power to remove 'bad leaders'

Being confronted with a 'no-confidence motion' is not necessarily bad - but it is a clear indication that some of the members of MTUC - the workers want the MTUC to do more to protect their rights... 

MTUC president, sec-gen to face no-confidence motion tomorrow

By Clara Chooi

January 17, 2012

SHAH ALAM, Jan 17 — The Malaysian Trades Union Congress (MTUC) is expected to debate a no-confidence motion tomorrow against its president and secretary-general for failing to affect a withdrawal of the controversial Employment Act, Sinar Harian reported today.

The Malay daily, however, said the controversy had forced the body to split into three factions, with each camp taking differing views on the motion.

But KTM Berhad Workers’ Union president Abdul Razak Md Hassan, who leads the faction in support of the motion, expressed confidence that it would gain enough votes to be passed.

MTUC is holding its general council meeting at its headquarters in Subang Jaya tomorrow morning.

“We will moot a no-confidence motion against the president and secretary-general as both have not played their roles effectively; as was entrusted to them. As a result of their disregard of the unions’ interests, we were defeated in the Employment Act issue.

“The MTUC leadership did not work hard enough,” Abdul Razak was quoted as saying in Sinar Harian.

MTUC president Khalid Atan and secretary-general Abdul Halim Mansor are facing flak from a number of union bodies for failing to convince the government to retract the Employment Act, which was passed in the Dewan Rakyat on October 6 last year and subsequently in the Dewan Negara on December 12.

The umbrella body of 390 labour unions representing 802,323 members has picketed several times against the labour law changes, including a nationwide protest on November 3 that the body said saw some 2,000 people taking part in 18 locations across the country.

It first protested against the amendments on October 3, drawing hundreds of workers to the gates of Parliament.- Malaysian Insider, 17/1/2012, MTUC president, sec-gen to face no-confidence motion tomorrow

Judges’ declaration of assets will enhance public confidence in Judiciary - but really this is insufficient to fight corruption

Declaration of assets may be one of the steps towards ensuring the independence of the Judiciary..... and maybe it should also extend to immediate family members.

But, corruption has become creative today - and it takes on different forms.... appointment as a Director of a Company or a Commissioner or into some Board or another after retirement. Maybe, it also takes the form of employment as a highly paid Consultant in some law firm. The Malaysian Bar had called before for a 'cooling off' period of three years from the date of retirement but is this enough...

What really is the problem? I believe that the problem is the salary and pension - it is too low. I believe that when judges retire, their income be it from salary or other allowances should be maintained as their pension, with maybe a steady increment thereafter to reflect inflation and increased cost of living. Note that today, judges many a times do not even receive 50% of their last drawn salary - because their pension is calculated using another formula, which takes into account the number of months they sat as judges. This is not right.

Below the Bar's statement:-

Press Release

Judges’ declaration of assets will enhance public confidence in Judiciary

The Malaysian Bar applauds the Chief Justice’s announcement that superior court judges will be required to declare their assets, as well as his reminder to judges to uphold the independence of the Judiciary and reject interference of any kind.

 

The involvement of the Malaysian Anti-Corruption Commission (“MACC”), a third party, will enhance the perception of impartiality in the verification of the declaration of assets.

 

These are important steps towards increasing public confidence in the Judiciary, which the Bar supports.

Lim Chee Wee

President

Malaysian Bar

16 Jan 2012

Revoke the 3 semester suspension against Adam Adli for replacing the 'Najib' flag with the academic freedom flag for a few minutes..

Adam Adli - what did he do? Well, when the students went to hand over a protest memorandum to the Deputy Higher Education Minister on academic freedom, Adam Adli also decided to lower a clothe bearing Malaysian Prime Minister Najib Razak's face that was hanging on a flagpole and replace it with the 'academic freedom' flag. Within 5 minutes, apparently the Najib flag was again up the pole - and for this he was suspended for 3 semesters by his University.

Note this was not the Malaysian flag - not the BN flag - not the UMNO flag even but a 'Najib flag' - looking at some pictures, I believe there was a few other flags bearing the images of past Prime Ministers. Was there any flag bearing the image of the King...flying higher than this image of the PM or even at the same level? I wonder whether these flags bearing images of the PMs is also something that is right and acceptable from the point of view of principles, values and even the law? What do you think?

Adam Adli was exercising his freedom of expression...freedom of opinion - wonder even the bringing down of this Najib's flag would even give rise to a possible charge of Sedition - I believe not. So, why now is he being suspended for 3 semesters - it is wrong. If he had broken the law or even a 'university rule', then worse case scenario may be a fine or a reprimand - never a suspension of his studies in this manner. Malaysians are mature enough to be able to appreciate that this was nothing more than an act of free expression at most... and the thing with expressions and opinions is that there will be those that agree with you and those that disagree with you - certainly not an act that warrants a retaliation by an institute of higher learning by the imposition of suspension not just for a few days or weeks but for 3 whole semester.

Was the flag damaged...burned...no, it was not since he climbed the pole again in a few minutes. 

Hence, I call for the said University to immediately review and revoke the said suspension of this 22 year old young student. 

Is Najib demanding an apology? I have not seen or heard that he was... so is not the university going overboard? Is the police and the AG pursuing the matter? I believe not.. so why is the university doing so.

The government and Najib says that it is for freedom of expression and assembly - and that is also the reason they said why they have pushed for a Peaceful Assembly Act - so, is not the suspension of this student contrary to the current government's position...

I do not know what the charge the university levied against the said student - may be interesting to see the exact wording...but it is all so absurd. We are talking about a student - not even a civil servant or even a military personnel. In Malaysia, a 22-year old university student is treated like a 'child' not even having the ability to campaign in general elections, let alone stand as a candidate for MP or ADUN. So, again I say - suspension is wrong. Reprimand if need be - or being a 'child' just ground him by sending him off to his room without dinner - not destroy his education and future...

The 22-year-old Universiti Pendidikan Sultan Idris (UPSI) student, Adam Adli Abdul Halim, who lowered a flag depicting Najib Abdul Razak at the Umno headquarters at the Putra World Trade Centre, said he would not apologise to the prime minister for his actions.

Telling Sinar Harian in an exclusive interview today, Adam said his actions were to drive a point that the present situation in the country was getting worse and hoped his actions would create awareness.

“I will never apologise (to the prime minister). Since the thing had happened till today, now I am asked to apologise. I will never do that. How about my friends and the struggle? ” he asked.

“I do not want my friends to be demoralised if I apologise.

"It is not that I will never apologise at all, as maybe someday I may have to say sorry to some people for my actions,” he said when asked whether he will apologise to the prime minister.

Adam (left) said he wanted to convey the message that university students should not be afraid as they are aware that discrimination and mismanagement do exist.

“Why should university students be afraid of those whom we have elected. They should work for us. Do not be afraid to criticise our leaders, no matter who they are.

“I do not want university students to be aggressive in their protests but be creative,” he said, adding that he is prepared to face any repercussion.

Tracing back the moments that led him to lower Najib's flag, Adam said that while the memorandum was being handed to Deputy Higher Education Minister Saifuddin Abdullah, the situation was getting dull as the students marched from the Malaysian Human Rights Commission, and only Saifuddin had agreed to meet them at PWTC.

Adam said he felt there was no desired impact with the handover of the memorandum as they marched And pictures were taken.

“All that was insufficient as we have been shouting academic freedom along the way and we only shook hands with the deputy minister and took pictures.

“For me that is insufficient and I decided to take our flag and lower down Najib's flag and replace it with the academic freedom flag.

“Some students who saw this shouted victory. I felt that victory was not in managing to meet a deputy minister but to make a strong statement,” he said.

The student said his parents supported his actions and it was not right to label him and his family as opposition sympathisers.

Meanwhile, the paper also reported that Adam’s father had sought PKR Youth’s help protect his son who had received various threats following his action.

“It has become a serious issue and Adam has also lodged a police report at the Tanjung Malim police station. I hope police would do the necessary to protect him,” said PKR Youth chief Shamsul Iskandar Mohd Akin.- Malaysiakini, 22/12/2011, Adam: I will not apologise to the prime minister

Live telecast of Parliamentary proceedings - if not TV then at least through radio

When will this happen - so that we really will be able to follow what is happening in Parliament.

There is no need for editing ...or interviews...or even commentary - just transmit the CCTV recordings, which is now available in the lobby and canteen in the Parliament building straight to the homes of Malaysians - to their TV (and if not their radio sets).

We have a right to see (or at least hear for ourselves) what is happening in Parliament - that will allow us to see if our MP is even present in the Dewan, and whether he is participating in the debate. Is he/she asking questions or making good points for and on our behalf.... They make a lot of promises to get voted - and then there is silence ....

It is sad that parliamentary reports in the media is so lacking in quantity and quality - and most of the time we only get what the government is saying.. We are really more interested in the debate - the points for and against and the decisions...

Why are Malaysians being deprived of this basic right - why are we being kept in the dark?

Will a new alternative government be any different - we must make sure that it is... and that they will be open and transparent with the people. 

Can the Pakatan Rakyat and the Opposition parties promise that we will get live coverage once they voted into power?

Of Adam Adli and the UCCA

Press Statement: 10 January 2012

Government must Repeal the UUCA Now!

Suara Rakyat Malaysia (SUARAM) condemns the suspension of student activist Adam Adli by the University Pendidikan Sultan Idris (UPSI). He has been suspended for three semesters, amounting to a total of 18 months over charges of damaging the reputation of Universiti Pendidikan Sultan Idris (UPSI).

Adam’s disciplinary action was taken under the infamous Universities and University Colleges Act 1971 (UUCA) in reaction towards his act of lowering a flag bearing Prime Minister Najib Razak’s portrait to replace it with a flag which bears the words “Academic Freedom”. The UUCA restricts students from participating or getting involved in any political or human rights related activities. SUARAM views that the suspension of Adam Adli is a violation of freedom of expression and is politically motivated with the intention to use his case to serve as a warning for other students who may be involved or intend to get involved in the academic freedom movement. The incident reflects on the lack of freedom and independence by the students in expressing their view without prejudice and fear.

SUARAM views this development as a serious concern to the development of human rights in Malaysia. The recommendation to suspend Adam reflects the practice of selective punishment on university campuses. There is a double standard which insists that one can protest to support the university to take action against Adam but one cannot voice disagreement on university policies or to defend academic freedom in the campus. This gross injustice undermines the fundamental values of academic freedom, critical thinking, and freedom from discrimination, all of which are presumably the hallmark of higher learning and democratic society.

SUARAM calls upon the Chancellor of UPSI to withdraw this unjust decision and to restore the integrity of the academy. The Chancellor of UPSI should be mindful that this decision will establish the university’s reputation as the university that silences dissent and represses student activism. We also call for an end to the continued harassment, threats and intimidation against student activists, which became apparent after a recent student-led protest.

We also urge the government to repeal the UUCA and recognise students’ right to participate in the democratic processes and any right guaranteed to all under the Malaysian Constitution.

Released by,

Nalini.E

Program Manager

SUARAM

Background

On 17 December 2011, Adam Adli a second-year student at Universiti Pendidikan Sultan Idris (UPSI) had lowered a flag bearing Prime Minister Najib Razak’s portrait to replace it with a flag which bears the words “Academic Freedom”. Reports stated that the protest flag was raised for five minutes, taken down and the flag with the PM's face was raised again. Many UMNO supporters denounced the action, targeting their fierce criticism at Adam. Since then, Adam has been attacked and threatened by some group of individuals via SMS, phone calls and videos.

On 19 December 2011, Adam lodged a police report at the Bukit Aman police headquarters with regards to the said harassment including threats to his personal safety. After speaking to police officials about the harassment, he held a press conference at the entrance to the Bukit Aman headquarters. A minor scuffle broke out, during which an unidentified man who later introduced himself to be Ruslan Mokhtar, tried to punch Adam. Adam suspected that the assailant was a plainclothes policeman who was present when Adam met with the police officers earlier. He also noted that none of the uniformed personnel tried to break the scuffle.

He lodged a report with the Tun HS Lee police station in regard to the scuffle as well as the harassment he and his family in Penang are facing.

On 9 January 2012, he was suspended for 18 months by the university administration.

Anwar not guilty - what about compensation for innocent persons dragged through the criminal justice system?

Anwar Ibrahim has been acquitted - he is not guilty. Remember that all persons are innocent until proven guilty....it is sad that there are some reports (or news titles) that seem to imply that it is not that he is innocent but that there was insufficient evidence to convict and, this, I believe, is very wrong.

Looking at the evidence adduced in court by the prosecution in this case, one wonders whether he should have been charged at all in the first place -- remember, the prosecution has a duty to thoroughly investigate and evaluate the evidence that they have, and only if there is sufficient evidence for a conviction (according to the prosecution) should they charge any person in court. The court process should not be used as a tool of 'punishment' when they themselves know that there is insufficient evidence to satisfy the 'beyond reasonable doubt' test. 

Now, let us talk about compensation for victims of the criminal justice system. Should they not be compensated? I believe that they should be compensated for their losses - not just for their legal expenses but also for the sufferings they had to endure. More so, when they have been incarcerated (in detention), resulting in loss of liberty. We still do not have this in Malaysia - but it is time that we do have some form of criminal compensation, which may be nominal fair sum not excessive, which will compensate victims of the criminal justice system.

Is the acquittal  evidence that the Malaysian judiciary is independent? No, we cannot say so just based on one case - maybe it was just the judge who acted justly. There is more that is needed before the Malaysian judiciary will be perceived as just and independent by many....

There is still much to be done to ensure strengthen the independence of the Malaysian judiciary...(1) the selection process; (2) increment of judges salary and pensions; (3) restraining the use of transfer and elevation as tools of 'controlling' judges; (4) removal of this 'probation judge' system - i.e. now persons are appointed first as Judicial Commissioners for a short term before they may or may not be elevated as judges - they should be directly appointed as judges (remember security of tenure is one of the tools to ensure independence); (5) the 'cooling off period' & higher retirement benefits to judges so that they would not have to worry about money - or getting appointed as some other Commissioners or Directors...

Anwar is acquitted - but should we now go after the alleged victim? The answer is 'No' - for we do not want victims to be scared to lodge police reports and other complaints against persons...That is their right. We all know when it comes to cases of rape and other sexual offences, many a time the victims are just to afraid to come forward to lodge complaints and this is not what we want. 

It is done - Anwar has been acquitted, and as such he is innocent, and that is that - it is how the law works and no one will be convicted unless the prosecution is able to proof the allegation 'beyond reasonable doubt'. In this case, I wonder why the Judge was reported as saying:-

Justice Mohamad Zabidin Mohd Diah said that after going through the evidence, the court could not be 100% certain the integrity of the DNA samples was not compromised....- Star, 9/1/2012, Sodomy II: Anwar acquitted

I wonder why he said this, i.e. could not be '100% certain..' when requirement clearly was less that 100% certainty but just 'beyond reasonable doubt'. Was this statement made to provide the prosecution with a reason to appeal? This is my opinion. But note, we have to look at the final grounds of judgment to really know what the judge said...This we have to wait. Maybe, what he said was mis-reported - this could also be the case.

Let us start lobbying for compensation for accused persons who at the end of the day is found not guilty. This would certainly improve the criminal justice system and stop the police/prosecutors from simply charging people without first doing a thorough investigation and ensuring that there is sufficient credible evidence before they do charge and drag innocent persons through the criminal justice system.

Enough of BN - time for an alternative government

Let's us not forget that the primary goal is to end the rule of the Barisan Nasional in Malaysia - it is time for us to have an alternative government formed by the Opposition political parties...

Let's us also be clear that many Malaysians only take the position of being pro-BN or anti-BN....

One argument against ending the BN rule was that our Malaysian Opposition parties just did not have the capacity to govern...to rule... only to be Opposition..BUT now after 2008, we have clear proof that the Opposition parties have the capacity to rule and govern effectively States like Penang, Kedah, Selangor... (despite attempts of 'sabotage' by the BN Federal in the form of money flow, etc ... to States, etc). Kelantan has long been effectively governed by the Opposition but many considered it as 'insufficient' proof of the capacity to govern. Today - it has been proven.

Do we have to worry about who will be the 'new' Prime Minister now if and when Barisan Nasional is defeated - I think not. Should Anwar be the Prime Minister? Should it be Hadi? Should it be Kit Siang? Should it be N Surendran? Again, I say it is not the time to think of such things.... Let Barisan Nasional be defeated first - and then we will decide on who will the PM. (Remember also that a 'bad' PM can at any time be removed - i.e. the moment he loses the confidence of the majority of MPs....)

* Personally, I believe that even when the Opposition wins, maybe it be best that their existing leadership, be it Anwar, Hadi or Kit Siang or others not be the new Prime Minister - I am sure that there will be other more acceptable choices...Remember, what we want is the promised reforms - so hopefully the Opposition parties or personalities understand this and it is not about who gets to be PM?

Malaysian Bar: Government’s respect for the constitutional right of freedom of assembly is welcomed

Press Release: Government’s respect for the constitutional right of freedom of assembly is welcomed

Friday, 06 January 2012 04:29pm

The Malaysian Bar welcomes the recent announcement, by the Minister of Home Affairs and the Inspector General of Police, that the Government will allow and facilitate the proposed assembly on 9 January 2012 in connection with the decision of the trial for sodomy of Dato’ Seri Anwar Ibrahim. Today’s statement by the Kuala Lumpur police chief that the proposed gathering can be held at the car park of the Kuala Lumpur Court Complex is also commendable.   This approach reflects a positive change in the mindset of the Government, and is an outlook that the Malaysian Bar hopes will continue and be expanded further.  It is crucial that the Government learns from its past mistakes in responding to public assemblies, and clearly acknowledges that the rakyat’s desire to exercise the fundamental freedom of assembly guaranteed under the Federal Constitution must be recognised and respected. The announcements reflect a correct understanding of the law – that protesting against a court decision, in itself, is not wrong, nor tantamount to contempt of court.  Subject to a restriction described below, assembling in anticipation of a court decision is also not wrong.  In other words, the courts themselves do not prohibit expression of discontent or objection against their decisions. As Lord Atkin so eloquently said in Ambard v Attorney-General for Trinidad and Tobago [1936] AC 322, at page 355: … whether the authority and position of an individual judge, or the due administration of justice, is concerned, no wrong is committed by any member of the public who exercises the ordinary right of criticising, in good faith, in private or public, the public act done in the seat of justice.  The path of criticism is a public way: the wrong headed are permitted  to err therein: provided that members of the public abstain from imputing improper motives to those taking part in the administration of justice, and are genuinely exercising a right of criticism, and not acting in malice or attempting to impair the administration of justice, they are immune.  Justice is not a cloistered virtue: she must be allowed to suffer the scrutiny and respectful, even though outspoken, comments of ordinary men. Hence, where criticism against a court decision is malicious, ascribes improper motive or impairs the administration of justice, then it may amount to contempt of court for scandalising the court. However, courts these days rarely, if ever, wield their powers in this manner, for the simple reason that they recognise the need for freedom of expression and that upholding such freedom serves the greater good. In respect of the argument that a rally may constitute undue and illegal pressure on the Judiciary, professional judges – who decide on law and facts, as opposed to a jury system – must not be influenced by any external pressure, whether by way of demonstration, executive influence or criticism, when discharging their judicial duty.  The Malaysian Bar is confident that our Judiciary will remain steadfast, and be indifferent to the proposed public gathering. In Attorney-General v Times Newspapers Ltd [1974] AC 273, at page 301, Lord Reid examined the pressure that publication of comments of court decisions may impose on the Judiciary and said:  But I must add to prevent misunderstanding that comment where a case is under appeal is a very different matter.  For one thing it is scarcely possible to imagine a case where comment could influence judges in the Court of Appeal or noble and learned Lords in this House.  And it would be wrong and contrary to existing practice to limit proper criticism of judgments already given but under appeal. The Malaysian Bar therefore calls on the Government, police and other law enforcement agencies to work together with the organisers of any proposed assemblies on 9 January 2012, to ensure that the rakyat’s constitutional right to peaceful assembly will be honoured, protected and upheld.   Lim Chee Wee President Malaysian Bar 6 January 2012

SUHAKAM: THE RIGHT TO ASSEMBLE AND THE SAFETY OF ALL PEOPLE MUST BE SAFEGUARDED

PRESS STATEMENT

THE RIGHT TO ASSEMBLE AND THE SAFETY OF ALL PEOPLE MUST BE SAFEGUARDED

The Human Rights Commission of Malaysia (the Commission) welcomes the efforts taken by the Inspector-General of Police Tan Sri Ismail Omar to initiate a dialogue between the Police and the organisers of the planned assembly of 9th January 2012. The Commission has on several occasions called upon the authorities to allow and to facilitate the right of the people to exercise their right of public assembly. The willingness of the Police to facilitate and ensure an orderly and peaceful assembly is therefore applauded and supported by the Commission. Such facilitation will ensure the exercise of the right to assemble without jeopardising the rights of others to conduct their daily lives and affairs with minimum disruption. In this regard, if required, the Commission is willing to offer its assistance, as a neutral and impartial body, at the dialogue to faciliate an orderly and peaceful assembly on 9th January.
 

The Commission also wishes to reiterate its stand that while it acknowledges that peace and stability are paramount and that public order needs to be maintained at all times, it is also of the view that public assemblies provide an avenue for the public to express themselves on issues that are of concern. These rights are provided for under Article 10(1)(b) of the Federal Constitution and Article 20(1) of the Universal Declaration of Human Rights (UDHR), and Article 19 of the UDHR on freedom of expression.
 

Nonetheless, in the demand for democracy, the Commission urges all parties to exercise their rights responsibly in ensuring that peace and safety of all involved are safeguarded and importantly, that the rights of other people who are indirectly involved must also be respected and protected. In this regard, the Commission looks forward to the Government’s continued support and commitment towards the protection and promotion of human rights.
 

“HUMAN RIGHTS FOR ALL”

TAN SRI HASMY AGAM
Chairman
The Human Rights Commission of Malaysia (SUHAKAM)

5/1/2012