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Tuesday, November 22, 2011

BN tables Peaceful Assembly bill: It's a sham aimed to repress, says PKR

BN tables Peaceful Assembly bill: It's a sham aimed to repress, says PKR

Minister in the Prime Minister's Department Nazri Aziz tabled the Peaceful Assembly Act 2011 in Parliament for first reading on Tuesday, but the move was greeted with suspicion by opposition lawmakers, who say such a fundamental right is already provided for in the Federal Constitution.

Prime Minister Najib Razak had in September announced he would 'address' the right to peaceful assembly following his controversial handling of the Bersih rally for free and fair elections that was condemned both nationally and overseas.

Refusing to admit he had over-reacted to a citizens' call for clean polls, Najib had also announced he would rescind the Internatl Security Act and three other Emergency laws to recognize society's demand for greater democratic space.

However, just days ago, he embarrassed himself by locking up 13 people under the ISA, with the Home Minister Hishammuddin Hussein, who is also his cousin, defending the move as necessary because the detainees were "very danagerous".

"I fear this new Peaceful Assembly Bill will take away whatever little rights we still have under Article 10 of the Federal Constitution. Let's face the facts. Umno is authoritarian by nature and incapable of instituting democratic reforms. They need to be removed from power for the rakyat (people) to enjoy basic democratic freedoms," N Surendran, a prominent human rights lawyer and PKR vice president, told Malaysia Chronicle.

Handing more power to the police

As expected, the Bill tabled by Nazri gives huge powers to the police at the expense of the people's rights. For example, the police can reject for any reasons they wished an application for an assembly.

The Malaysian police are well known to be under the thumb of Najib's ruling Umno party. They answer directly to the Home Minister and have a terrible human rights track record, which the government has refused to acknowledge in exchange for blind loyalty from the force for its political actions.

The provisions in the Bill also gives no leeway for small , impromptu gatherings that are in direct response to a particular government order or policy or action.

"There are so many caveats and restrictions as to render meaningless the right to assembly. Even when announcing the so-called 'reforms' on Malaysia Day, Najid had lashed out at street demonstrators which are a norm in a democracy," said Surendran.

Gives police even greater control over the people

Meanwhile, the Bill contained the following details:

The Peaceful Assembly Bill (2011) states that no street protests are allowed, and bars any assembly in or anywhere within a 50 metre buffer zone around defined prohibited areas such as schools, hospitals and places of worship.

It says that there must be 30 days’ advance notice for assemblies except for designated areas defined by the home minister. The assemblies can then proceed unless there is objection by the police.

Simultaneous assemblies may be held, but this is subject to the discretion of the police. If a “counter assembly” should cause potential conflict with another assembly nearby, police have the right to name an alternative location and time for the counter assembly to be held.

Individuals under 21 years of age not allowed to organise assemblies and children under 15 are not allowed to participate in assemblies except for cultural and religious ones like funeral corteges or events approved by the home minister.

Section 8 of the new law allows the Inspector-General of Police “to take such measures he/she deems necessary” to ensure compliance with the proposed act.

Section 9 (5) also allows the police to fine organisers up to RM10,000 if no advance notice of a planned assembly is given to the authorities.

Section 20 (1) (c) allows for police to arrest anyone who brings or recruits children in an assembly.

Section 21 (3) allows protesters arrested by police to be fined up to RM20,000.

The proposed Act seeks to provide restrictions deemed necessary to such right but at the same time takes consideration of the interest of the country's security and public order.

It is part of the efforts initiated by the Government to transform existing laws in relation to the constitutional rights of citizens to assemble.

The proposed bill, however, does not apply to an assembly such as strike, lockout or picket under the Industrial Relations Act and the Trade Unions Act.

The law also stated that it was an offence for such assembly to be held at any prohibited places and within 50 metres from the limit of prohibited place, for non-citizens and children below the age of 15 to participate and a person below the age of 21 years old to organise such assemblies.

A person who commits the offence may be liable to a fine not exceeding RM10,000.

Malaysia Chronicle

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