400 protest 'unconstitutional' bill at KLCC (Malaysiakini) - tonight Dataran Merdeka

 

 400 protest 'unconstitutional' bill at KLCC

Koh Jun Lin 6:42PM Nov 26, 2011

 

Approximately 400 people gathered at Kuala Lumpur Convention Centre (KLCC) Park this afternoon to protest against the Peaceful Assembly Bill, with police keeping watch from across the fountain without interfering.

Instead, about ten park security personnel roved the periphery of the lively crowd and a man identifying himself as a security supervisor disrupted any attempts at speeches, slogans and press conferences.

Wong Chin Huat (right, in yellow), who is one of three organisers, responded to the supervisor’s interruptions by cheekily dispersing the gathering into "private gatherings", and referred to the 2pm event as a picnic rather than a protest.

Speaking to reporters at the scene, Wong said the point was to illustrate that public assemblies are banal, everyday occurrences.

"Why the moment you think about the country, it becomes illegal? What's wrong with being patriotic?" he said.

When asked about the cabinet's announcement today that the bill would be reviewed, social activist and organiser Maria Chin Abdullah said that it was not enough to amend the bill but that it should be dropped completely.

"Because the bill itself is unconstitutional," she said, before accusing Prime Minister Najib Abdul Razak of flip-flopping on his promise on Sept 15 to make Malaysia more democratic.
The Peaceful Assembly Bill, if passed, required public assemblies to notifying the police under a set of restrictive conditions.

However, critics argued that the bill's restrictions are still too stringent, in particular the outright prohibition of street protests, and that the 30-day notification period was too long.
Party atmosphere at gathering

The participants, many wearing yellow, distributed chrysanthemums, played with balloons, blew bubbles, and occasionally shouted slogans like "Say no to the bill". They also sang Rasa Sayang and the national anthem.

On the sidelines, a group of about 20 calling themselves the KL People's Assembly - the same group behind Occupy Dataran - was called to order and unanimously voted to oppose the bill before the park security disrupted their activities.

The event officially ended at 2:40pm but hundreds lingered on for over an hour to chat, and one of the participants even held a yoga session.

Other prominent figures who attended included Klang MP Charles Santiago, Segambut MP Lim Lip Eng, Malaysian Makkal Sakti Party acting president A Vathemurthy, and Seksualiti Merdeka organiser Phang Kee Teik.

The organisers started planning the event just three days ago on Wednesday, the day after the Peaceful Assembly Bill was tabled.

Before dispersing, Wong shouted out invitations to attend Occupy Dataran tonight at 11pm, the march with the lawyers from Royal Lake Club to Parliament on Tuesday, and to return to KLCC Park for a "picnic" next Saturday, to which the crowd cheered, "Yes!"

Assembly to protest assembly bill(Free Malaysia Today, 26/11/2011)

Assembly to protest assembly bill

Patrick Lee | November 26, 2011 

More than 200 people protested against the Peaceful Assembly Bill, which they say goes against their right to have peaceful assemblies.

KUALA LUMPUR: More than 200 people gathered in opposition of the Peaceful Assembly Bill today.

With many dressed in yellow T-shirts, the crowd gathered at the park near the Suria KLCC shopping centre here at around 2:15pm.

Seen holding yellow-coloured items such as balloons and placards, they called for the Bill to be abolished.

“Bebas Rakyat! Say no to the Bill! Merdeka!” the crowd chanted several times during the 30-minute gathering.

The crowd was led by Bersih 2.0 steering committee members, who insisted that the gathering was not a protest but in fact “a social assembly”.

Nevertheless, the Bersih 2.0 representatives present vehemently protested against the Bill, which was tabled by Prime Minister Najib Tun Razak in Parliament two days ago.

‘This is ridiculous’

Bersih 2.0 steering committee member Maria Chin Abdullah said: “The introduction of this Bill rolls back the human rights status of Malaysia.”

“It is unacceptable, unconstitutional, and goes against Article 10 of the Federal Constitution.”

If passed, the Peaceful Assembly Bill would require would-be protestors to notify the police of an intended gathering 30 days before it would be held.

Protesters would also not be allowed to conduct street rallies and are forbidden from meeting 50 meters from selected buildings such as hospitals and schools.

The police would also have the final say on whether a protest would be held or not.

Even though certain provisions affecting the Bill might come about as suggested by Minister in the Prime Minister’s Department Nazri Abdul Aziz, those gathered today called for the law to be dropped immediately.

Malaysian Makkal Sakhti Party president A Vathemurthy criticised the government for being undemocratic.

“It is wrong of the government to feel the need to control us. We want a democratic country, where the people’s rights are exercised. We definitely don’t like the Bill, it’s ridiculous!” he said.

Bersih 2.0 steering committee member Wong Chin Huat, “Aunty Bersih” Annie Ooi Siew Lan, DAP MPs Charles Santiago and Lim Lip Eng were also present.

The crowd dispersed peacefully at around 2:45pm, following repeated requests from KLCC security personnel.- Free Malaysia Today, 26/11/2011, Assembly to protest assembly bill

NGOs protest Peaceful Assembly Bill in KLCC park (Malaysian Insider, 26/11/2011)

The first of many protest action just took place in KLCC...

The Malaysian government just do not get it - it is a right - a human right, and we do not want any laws that say we have to get permission from the police, who can give permission with conditions or say 'No'.

Peaceful assembly or protest usually happens, and there really is no organizer - it spreads by word of mouth (emails, twitters, facebook..) and people just turn up as an expression of a common position... The rare occasions when it is organized way in advance is for May Day events...

The BN government is missing the point when it talks about reducing the 30 day per-assembly notification requirement to just 10 days... Protest happens very fast - nobody wants to wait. Now, even in this case when the Peaceful Assembly Bill was tabled, if we had to wait for 30 days (or even 10 days) it may be just too late - because the Bill would have been passed and our actions of protest is just too late - and Najib may turn around and say, 'I did not know that 1Malaysia was not happy with it' - that is why this right to public protest peaceful assembly must be a right that is unhindered by the very people the protest is all about. BN government always want to paint a picture that all they do is with the blessings of the people  of Malaysia....which is far from the truth - but the impression can so easily be given when the media is controlled by the BN government and is not at all independent and do not give the other side of the story... and the people now only have very few avenues, and one of this is 'peaceful assembly' - and that is why BN just wants to also get rid of that right...

Go for a referendum now and BN will know that the people do oppose this new 'peaceful assembly' Bill.

 

 

NGOs protest Peaceful Assembly Bill in KLCC park

By Yow Hong Chieh

November 26, 2011

Approximately 300 people gathered in a quiet corner of Kuala Lumpur City Centre (KLCC) Park today to protest the Peaceful Assembly Bill today. - Picture by Jack Ooi

KUALA LUMPUR, Nov 26 — Almost 300 people gathered in a quiet corner of Kuala Lumpur City Centre (KLCC) Park today to protest the Peaceful Assembly Bill. 

 

The mostly Chinese crowd wore yellow clothes and carried yellow balloons and flowers to show their opposition to the “draconian” Bill, which was tabled two days ago in Parliament. 

They were joined by Bersih steering committee members Maria Chin Abdullah and Wong Chin Huat, as well as Klang MP Charles Santiago, Segambut MP Lim Lip Eng, Malaysian Makkal Sakti Party acting president A. Vathemurthy and Teoh Beng Hock’s sister, Teoh Lee Lian. 

The half-hour demonstration was organised by the Freedom to Assemble Campaign, a coalition of over 30 NGOs. 

Wong said it was “completely ridiculous” for Malaysians who wished to assemble to discuss matters in the interests of the nation to have to apply for permission 30 days in advance. 

“The entire point is why one, two, three four becomes illegal. We go to pasar malam often more than four people... 

“Why the moment you think about the country it becomes illegal? What’s wrong with being patriotic? What’s wrong with a government that thinks a citizen being patriotic is criminal?” he said. 

Wong said he hoped the government would see that a majority of Malaysians were not in favour of such restrictions, and urged authorities to “move to our side”. 

Maria added that the government must drop the Bill and not just amend it as the proposed law was unacceptable. 

“The Bill itself is unconstitutional. The Bill is stifling, a rollback in terms of what Najib envisages as a democratic country,” she said. 

The peaceful protest ended at 2.45pm with a rendition of “Rasa Sayang” and the national anthem after KLCC security personnel requested that the crowd disperse. 

Putrajaya has agreed to amend seven sections in the Peaceful Assembly Bill following nationwide protests criticising it as more repressive than current laws. 

According to Star Online, de facto law minister Datuk Seri Nazri Aziz confirmed today that the Cabinet had reached the decision during its meeting yesterday. 

Nazri said the Cabinet decided to amend the Bill following protests from civil rights groups and opposition lawmakers. 

Among others, he said the 30-day advance notice to hold an assembly will be shortened to 10 days. 

The provision has been criticised by civil society groups and opposition lawmakers as restrictive, particularly after Myanmar, known for its poor human rights record, passed a similar law earlier this week stipulating only five days’ notice to hold a protest. 

The Peaceful Assembly Bill was mooted by the Najib administration as part of its Malaysia Day promises to foster greater democracy and promote civil liberties. - Malaysian Insider, 26/11/2011, NGOs protest Peaceful Assembly Bill in KLCC park

Malaysian Bar : "Walk For Freedom 2011: Peaceful Assembly Bill Cannot And Must Not Become Law!"

Lawyers to march against Assembly Bill

Kuek Ser Kuang Keng 1:51PM Nov 25, 2011

Four years after the 2007 "Walk for Justice", the Malaysian Bar is again calling on its members to march in Kuala Lumpur to protest against the Peaceful Assembly Bill 2011 which has been presented to Parliament.

The march is to start at 11.30am on Tuesday and the lawyers will walk from the Royal Lake Club to Parliament, which is scheduled to debate the Bill, tabled on Nov 22, the same morning.

A memorandum will be submitted to the Deputy Minister in the Prime Minister’s Department Liew Vui Keong at the end of the march.

In an official circular titled "Walk For Freedom 2011: Peaceful Assembly Bill Cannot And Must Not Become Law!" published on its website, Bar Council president Lim Chee Wee described the Bill as an "objectionable Bill".

Lim quoted the late American civil rights movement leader Martin Luther King Jr, who said: "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."

He added: "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 and without adequate public consultation, which effectively robs the rakyat of our constitutional right to freedom of assembly."

Lim (left) stressed that the Bill, which aims to replace Section 27 of the Police Act in regulating public assembly, 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 that 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 will inherit a nation that is far from modern and progressive."

Quoting Prime Minister Najib Abdul Razak's speech on the eve of Malaysia Day on Sept 15 this year, Lim pointed out that the Bill was not "in accordance with the supremacy of the constitution, rule of law and respect for basic human rights and individual rights" as Najib promised.

"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," he said.

Not in keeping with international norms

This Bill, Lim explained, was also not in line with international norms because of, among others:

• 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”);

• Prohibition of organisation of assemblies by persons below the age of 21 years;

• Prohibition of participation in peaceful assemblies by children below the age of 15 years;

• Unduly onerous responsibilities and restrictions on organisers and assemblies; and

• Excessive fines for non-compliance with the Bill.

Although the government seems adamant in passing the Bill, which is likely to be done next week, Lim hoped that the march could make a difference.

"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.

"I call on all members to support us in this crucial initiative. See you on Tuesday. Let’s walk!" he concluded.

Back in 2007, more than 2,000 lawyers joined the Bar Council's 3.5km-march, dubbed "Walk for Justice", in Putrajaya to push for the establishment of a royal commission of inquiry into the infamous 'Lingam Tape' expose.

Coupled with various public protests, the march succeeded in compelling the then prime minister, Abdullah Ahmad Badawi, to compromise and set up a royal commission of inquiry headed by former Chief Judge of Malaya, Haidar Mohamed Noor.- Malaysiakini, 25/11/2011, Lawyers to march against Assembly Bill

The Malaysian Bar Circular

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; and  

(3)   Malaysian Bar’s Memorandum on Peaceful Assembly Bill dated 24 Nov 2011. 

 

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

Peceful assembly on Saturday to protest the Peaceful Assembly Bill 2011

The whole idea of a protest or peaceful assembly is to raise awareness, gain support ...etc, and that is why people come out beside streets and where the public are for these actions - but the Malaysian BN government seem to want them to protest in closed halls, stadiums, etc  - and  this is like staying at home and protesting. The purpose of protest is show all Malaysians...the world that a lot of people (or some people) have something to say and they want others to know... (What's the use of gathering in numbers in closed halls and stadiums...no use because the people there are already convinced and support the cause...?)

This right should be a right of citizens/persons in Malaysia - not something that we need get police permission for...

Well, many will ask why we have to do this - could we not just get our voices heard through media statements, etc (well, the problem is that Malaysian media is so controlled that they just do not cover press statements, etc --- and even when they do, it is filtered and watered-down and you do not get your voices heard...). Recently over 115 civil society group issued a media statement against the proposed amendments to the labour law & stating their position that Labour Suppliers should never be made employers - but alas, did anyone see this in the Malaysian newspapers, or hear about it on the radio or see it on TV...No, they did not...  Then there was a massive protest by MTUC at 18 different locations all over Malaysia which saw about 10,000 persons participating - again there was almost no mainstream media coverage or discussion of the reasons for the protest...TV? Radio? Today, in Malaysia unless you get tens of thousands of people to protest in Kuala Lumpur - you just do not get media coverage or attention of the government...

What about Parliament? Well, the problem is that all BN MPs are 'required' to vote in favour of government Bills and positions, and they do not have the freedom to vote freely after listening to the debates... so, many Opposition MPs just get frustrated by this... Worse, there is no live telecast of Parliamentary proceedings - so even the Malaysian public does not hear the arguments - and of course, the report in the media of Parliamentary proceedings is limited to sometimes half a page - also containing not what the objections and arguments are but just what the government has to say...We really need more transparency....but the BN government is not likely to do this.

Before this right to public protest and peaceful assemblies is almost completely extinguished if this new Peaceful Assembly Bill 2011 becomes law...there is some talk that there may be a big peaceful protest in Kuala Lumpur this Saturday...

We were fighting for the removal of all the existing laws that suppressed freedom of assembly - but this BN government just go ahead and create even more obstacles to freedom of assembly...

Civil society groups, some of which members of the Bersih 2.0 rally in July, have vowed to strongly campaign against the Peaceful Assembly Bill 2011.

Known as the Kempen Kebebasan Berhimpun (Freedom of Assembly Campaign or KKB for short), the campaign kicked off with a small demonstration in front of Parliament today.

But the group is expected to draw a bigger crowd when it brings its cause to KLCC at 2pm on Saturday.                       
Dubbed the ‘Malaysians Can Walk Freely’ campaign, this event seeks to gather citizens in a walk through KLCC park.

“You dont have to bring any placard or banner. Let's show the police how we can demonstrate anytime anywhere with the simplest preparation - we will just wear yellow.

“If you want to make your message clearer, bring a Malaysian flag. The flag represent our freedom,” said campaign coordinator Wong Chin Huat (top, in yellow shirt).

Reclaiming fundamental rights

Wong said freedom of assembly is a fundamental right for all Malaysians and there was no need for policing such a right.

“We just need the police to maintain order and direct traffic. Demonstrators should inform the police for mere purpose of coordination, not for permission.

“We will stand and walk in the park, breathing free air. Yes, freedom is really about being where you want to be. It's so simple. Be ourselves and we will already be demonstrating,” he said.

KKB has also scheduled a candlelight vigil at Dataran Merdeka on the same day. It will kick off at 8pm, while a public forum on the matter would be held on Nov 29 at the Selangor Chinese Assembly Hall.

Wong said Malaysians in four Perth, Tasmania, London and Hong Kong are also planning similar campaigns.

The Peaceful Assembly Bill 2011 has been widely criticised by human rights groups, including the government funded Human Rights Commission (Suhakam), and Pakatan Rakyat leaders.

It was argued that the Bill seeks to provide the police and the home minister more powers and banning street demonstrations altogether.

The first round on Dewan Rakyat debates on the Bill will kick off on Tuesday.- Malaysiakini, 24/11/2011, Civil society to campaign against Assembly Bill

See also:-

SUHAKAM: PEACEFUL ASSEMBLY BILL 2011 MUST NOT IMPOSE RESTRICTIONS ON THE RIGHTS OF EVERYONE TO ASSEMBLE PEACEFULLY

Bar:Peaceful Assembly Bill is more restrictive than present law and must be improved

Malaysian Trades Union Congress(MTUC) makes it 109 that says Malaysia Must Protect Worker and Union Rights - and withdraw proposed amendments

JAG :- Employment Act amendments piecemeal and unjust

Thousands picket against Employment Act

More reports about MTUC nationwide protests on 3/11/2011

 

 

 

SUHAKAM: PEACEFUL ASSEMBLY BILL 2011 MUST NOT IMPOSE RESTRICTIONS ON THE RIGHTS OF EVERYONE TO ASSEMBLE PEACEFULLY

PRESS STATEMENT

PEACEFUL ASSEMBLY BILL 2011 MUST NOT IMPOSE RESTRICTIONS ON THE RIGHTS OF EVERYONE TO ASSEMBLE PEACEFULLY

The Human Rights Commission of Malaysia (the Commission) welcomes the Peaceful Assembly Bill in line with the freedom of assembly as guaranteed by Article 10(1)(b) of the Federal Constitution and Article 20 of the Universal Declaration of Human Rights.   The Commission had provided some views on the freedom of assembly and related matters, but not on the draft Bill, in a meeting with the Attorney General last month. Having perused the provisions of the Bill, the Commission is of the considered opinion that amendments to some of the provisions of the Bill must be made to ensure that the right of the people to express themselves through peaceful public assemblies is protected and can be expressed in a manner that meaningly reflects the essence of that right.   

Some of the provisions under the Bill impose too many restrictions and give too much discretionary powers to the police, thus undermining the right of the public to organise or participate in  peaceful assemblies.  The Commisison proposes, among others, that:

1. A clearer distinction be made between the definition of an ”assembly” which includes procession and that of “street protest”;

2.  The extension of the right to assemble peacefully without arms to non-citizens as they too have the right to express themselves and to be heard; 

3.  A review of the prohibition against any assembly within 50 meters of any prohibited  places as such prohibition is impractical and unrealistic in most cities and towns;

4.  To allow the appeal on restrictions and conditions imposed by the police to be made to the court instead of to the Minister;

5. To reconsider the provisions on the participation of children in the light of our treaty  obligations under the Convention of the Rights of the Child (CRC)

6.  To review Clause 13 to put in place a co-operative model which would allow the police and the organiser of public assemblies to discuss and arrive at a consensus on matters relating to the assembly for the purpose of facilitating the assembly in line with the objectives of the Bill; 

7.  To incorporate the provisions of the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials under Part V of the Bill which deals with enforcement;

8.  To ensure full, and not just reasonable, access of the media in public assemblies under Clause 24;

9.   To review the notification period of 30 days or to provide for exceptions in cases where it is not feasible or not practicable to meet the requirement of 30 days; and

10. To include a provision to allow external parties such as the Commission, the Bar Council and other relevant statutory bodies to monitor public  assemblies.

In principle, the Commission supports the objectives of the Bill.  Nevertheless, it stresses that in the implementation of the the Bill, a proper balance must be struck between organising and participating in public assemblies, and the protection of the rights and freedom of other persons who are indirectly affected by the assemblies. 

The announcement to repeal of Sections 27, 27A, 27B and 27C of the Police Act 1967 is  much welcomed as it recognises the spirit of and the respect for human rights.  However, the Bill replacing it imposes too many restrictions and conditions for the public instead of facilitating freedom of assembly.  Whilst acknowledging that peace and stability are paramount and that public order needs to be maintained at all times, the Commission is of the view that peaceful public assemblies provide an avenue for the public to express themselves on issues that are  of concern. 

The Commission therefore calls upon the Government to consider recommendations made by various parties and open up avenue for discussion and public discourse on freedom of assembly before enacting the Peacful Assembly Bill 2011 into law to ensure that the provisions provided are in line with human rights principles.

-END-

“HUMAN RIGHTS FOR ALL”

TAN SRI HASMY AGAM

Chairman

The Human Rights Commission of Malaysia (SUHAKAM)

24 November 2011

Bar:Peaceful Assembly Bill is more restrictive than present law and must be improved

Press Release

 

Peaceful Assembly Bill is more restrictive than present law and must be improved

While the Malaysian Bar welcomes the Peaceful Assembly Bill (“Bill”), which recognises the freedom of assembly as guaranteed by Article 10(1)(b) of the Federal Constitution[fn1], the Bar is surprised that a “street protest”[fn2]  is prohibited, as it is a form of assembly in motion, or procession, that is already legally recognised in section 27 of the Police Act 1967.  Such an assembly in motion is also permitted in most, if not all, of the jurisdictions that we would consider as having a model piece of legislation.[fn3]   Furthermore, there have been several peaceful “street protests” in Malaysia.[fn4]  

This prohibition as well as certain other provisions were not disclosed to us as being part of the contents of the Bill, during the consultation process between the Malaysian Bar and the Attorney General’s Chambers.

In its present form, the Bill is more restrictive than present law, and must be improved.  The Malaysian Bar proposes that the provisions of the Bill be amended, including:

(1) Allow “street protests”, which the Bill recognises – in the definition of an “assembly” – as including a moving assembly.  The prohibition of a “street protest” is inconsistent with section 10(e)(viii) of the Bill itself (regarding the notification process), which refers to an assembly in procession;

(2) Permit spontaneous assemblies, following the United Kingdom example, where no advance notice is required where it is not reasonably practicable to give such notice (such as protests against declarations of war);

(3) Impose a statutory obligation on the police and government (namely the Minister of Home Affairs, in the Bill) to promote freedom of assembly.  The model to emulate is Finland, where the government is required to promote the exercise of freedom of assembly by protecting the right to assemble without hindrance and by providing for the necessities of the assembly, and the police is under a duty to safeguard the exercise of the freedom of assembly;

(4) Omit certain conditions that the police may impose under section 15(2), namely “the conduct of participants during the assembly” and “any inherent environmental factor, cultural or religious sensitivity and historical significance of the place of assembly”.  The objectives of these restrictions have already been catered to in existing law such as the Penal Code, and the First Schedule of the Bill, but in a less restrictive form;

(5) Delete the presumption in section 19 regarding who is deemed to be an organiser, because it is an overreaching provision and goes too far;

(6) Omit paragraph (c) of section 21(1), which empowers the police to arrest “any person at the assembly [who] does any act or makes any statement which has a tendency to promote feelings of ill-will, discontent or hostility amongst the public at large or does anything which will disturb public tranquility”; and

(7) Remove the prohibition on the participation of, and organisation by, children, as it is restrictive and contrary to our international obligations under the Convention of the Rights of the Child (“CRC”), which Malaysia acceded to in 1995.  On 6 June 2010, Malaysia withdrew its reservations to Articles 1, 13 and 15 of the CRC, thus allowing children “the freedom to have their say, and the right to form associations and assemble peacefully”.  

On the same day, Dato’ Sri Shahrizat Abdul Jalil had said that the government would give children the freedom to have their say and the right to form associations and to assemble peacefully.  She added that the move was in line with the recognition given to children's rights, as they would be the nation's future leaders.  In Finland, a person who is without full legal capacity but who has attained 15 years of age may arrange a public meeting, unless it is evident that he/she will not be capable of fulfilling the requirements that the law imposes on the arranger of a meeting, while other persons without full legal capacity may arrange public meetings together with persons with full legal capacity.

This Bill, like section 27 of the Police Act, vests wide powers in the police, who are empowered to impose restrictions and conditions, and to disperse assemblies and arrest participants.  The police’s past consistent and atrocious conduct in suppressing assemblies shows that it is crucial that the police change their mindset and abandon the culture of impunity in managing freedom of assembly.  In other jurisdictions, the power to impose restrictions and conditions vests in the local authority or a procession commission.

Finally, the Minister of Home Affairs is empowered by the Bill to make regulations for the better carrying out of the provisions of the Act.  It is important that these regulations facilitate freedom of assembly, instead of further restricting it.

Only when the improvements outlined above are implemented, would we begin to have a legislation in the public interest, which truly upholds, protects and promotes freedom of assembly.

Lim Chee Wee

President

Malaysian Bar

22 Nov 2011

______________________________________________________

[fn1] Article 10(1)(b) provides that all citizens have the right to assemble peaceably and without arms, subject only to such restrictions as Parliament may impose by law as it deems necessary or expedient in the interest of security of the country or public order.

[fn2] Defined in section 3 of the Bill as “an 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”.

[fn3] Examples include the United Kingdom, Finland and Queensland.

[fn4] For instance, the Bar’s Walk for Justice in 2007, to demand a Royal Commission of Inquiry and the BERSIH 2.0 rally in July 2011.  Most recently, a number of peaceful protests against the amendments to the Employment Act 1955 were held nationwide on 3 Nov 2011.  It was reported in the media that “[s]everal police officers were seen directing traffic and assisting protesters” at one such protest, in Petaling Jaya, Selangor.