PROHAM hosted a
discussion yesterday on Peaceful Assemblies and Malaysian society with an
opportunity to hear the reflections from four panel speakers on the “Build up
to Bersih 5 “ and stating their views if the current environment in Malaysia is
enabling or disempowering citizens action.
The four speakers were Dr
Khoo Ying Hooi (PROHAM), Mr Jerald Joseph (Suhakam), Mr Syahredzan John (Bar
Council) and Ms Ivy Josiah (Bersih).
REFLECTIONS
While many thoughts,
concerns and aspirations were expressed, there are six key issues and concerns as
listed out below:-
First, Malaysians have a
right to peaceful assembly as guaranteed by the Federal Constitution Article 10
and the Peaceful Assembly Act (2012). It was recognised that this is a fundamental
right as stated in the Universal Declaration of Human Rights (Article 20) as
well.. It is affirmed that all have a right whatever the colour of their
T-shirt or objectives might be but the criteria is that it must be peaceful. It
was also acknowledged that the various Suhakam inquires and relevant Court
judgments pertaining to peaceful assemblies and Bersih, has clearly concluded
that such peaceful demonstrations are lawful.
Second, that the Bersih 5
organisers have consistently stated that the proposed assembly is a peaceful
one. Bersih has been very public about their five demands namely a call for clean
elections, a call for a clean government, the need to strengthen parliamentary democracy,
the right to dissent and finally empowering Sabah & Sarawak’s legitimate
concerns. We were also briefed of the ethnic code of conduct of Bersih demonstrators
and security briefing notes to ensure that this assembly is really peaceful. These
are all principles and aspirations which should be supported by every Malaysian
as we all desire to see a more matured democracy in Malaysia.
Third, concern was raised
about those who are organising counter demonstrations. It is acknowledged that
the red shirts too have the right but only to peaceful assembly. We discussed
with great concern the events leading to Nov 19, 2016 which have been full of
incidents of hate speeches, threats of violence, warning, death threats and even
obstructions to peaceful protest. It was acknowledged that organised counter rally
to obstruct Bersih is a new development. In this context we make a clear distinction
between a peaceful assembly and one that is a counter- movement or group or
rally which has the sole objective of disrupting the first. Many other
questions remain unanswered especially with regards to the role of non-state
actors and the lack of Police action to restrain hate speeches, threats,
intimidation and obstructions. Some are raising concerns of potential political
involvement in out sourcing these actions by counter- Bersih groups.
The discussion noted that
they had difficulties in equating the two movements as the same legitimate
rights, as the right is only for a peaceful assembly. Concern was raise that
very little action is taken on those promoting threats, hate speech and
violence. Other laws pertaining to violence and rioting must be reviewed
especially from the Penal code and Criminal Procedure Code by the authorities.
Four, a matter greatly
discussion was the role of the Police and enforcement authorities. It was acknowledged
that over the past four Bersih rallies, there has been a change in the Police
approach towards a more professional handling as seen in Bersih 4. It is in this context that we strongly feel
that it is the duty of the Police to protect all citizens. There was some
discussion on Section 18 of the PAA (2012). The option before the Police is not
so much as to call of the peaceful assembly but to facilitate and regulate it
so as to ensure ordinary citizens can exercise the democratic freedoms.
Fifth, concern was raised
that in an open public expression there could be the infiltration of ‘agent provocateurs’.
This was the case in previous rallies but the problems were contained. However
at Bersih 5 there might be a bigger danger and challenge on this matter in
exercising the democratic rights of citizens. In this context while Bersih has a
role within their line and to be cautious, however it is really the duty of the
Police and enforcement to ensure the safety of the peaceful demonstrators,
facing a group resorting to violence and intimidation. There is a need for
enforcement authorities to work together with the Bersih committee to prevent
any acts of violence.
Sixth, we disagreed with
the perspective that the Bersih rally is illegal and that there is a prohibition
and warning issued to citizens especially civil servants from participating.
The position of Suhakam is reiterated here on this matter that peaceful
assemblies are a right. Some of the institutions prohibiting their workers could
be found contravening Article 10 (1) of the Federal Constitution.
CALL
PROHAM calls on the Police
and enforcement authorities to be protectors and defenders of human rights
namely the rights of ordinary citizens in a parliamentary democracy to express
peacefully their concerns through peaceful public assemblies.
PROHAM calls on the
political elites and leaders in the current ruling coalition to ensure that as Malaysia
emergences as a high income country it will also become a matured democracy. In
this context it is imperative for the political leadership to distance
themselves from those who promoting a counter movement through advocating hate
speeches, violence and intimidation and promote democratic empowerment of
citizens.
PROHAM calls on ordinary
citizens to rise and defend the basis of our democratic values and traditions as
per the Federal Constitution and the Universal Declaration of Human Rights.
Written by Datuk Dr
Denison Jayasooria (Proham Secretary-General)
Nov 18, 2016
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