No law barring students from rallies, say lawyers

The anti-GST rally on May 1 in Kuala Lumpur attracted tens of thousands of youths. – The Malaysian Insider pic, May 5, 2014.There are no laws to stop students from participating in street protests, say lawyers, despite the call by former minister Tan Sri Dr Rais Yatim to take action on students who attended last week's rally in Kuala Lumpur.

They said Rais was being "deliberately ignorant" of the law when he called for action against students who took part in Thursday's mass protest against the Goods and Services Tax (GST).

Former Bar Council chairman Lim Chee Wee said the Federal Constitution guarantees all citizens the right to assemble peacefully.

Consistent with this, the Universities and University Colleges Act (UUCA) 1971 and the Peaceful Assembly Act (PAA) 2012 do not prohibit students from participating in assemblies, said Lim.

"Whilst the PAA prohibits the participation of children below the age of 15 years in protests, most countries do not have such prohibitions and the police have a duty together with the organisers to maintain peace and order during protests," he told The Malaysian Insider in an email.

Lim, who is co-chairman of the newly set up Centre For A Better Tomorrow (Cenbet) that promotes moderation and good governance, said the anti-GST rally was not illegal, and questioned why the police were wasting precious resources in probing legislative provisions which were no longer law.

On April 25, the Court of Appeal, in its acquittal of PKR state assemblyman Nik Nazmi Nik Ahmad over an illegal assembly charge, declared Section 9 (5) of the Peaceful Assembly Act (PAA), which provides for punishment for failure to give 10 days' notice to the authorities before a protest, as unconstitutional.

The court said that peaceful assemblies were lawful regardless of compliance with the notice.

Rais (pic), who is president of the International Islamic University, had called for firm action against university students who took part in the May 1 rally.

He said it was wrong for students to oppose the GST since it was passed in Parliament.

"They must also realise their duty is to study and fulfil their parents' hopes, not to play politics because politicking has its place," he was quoted by Bernama as saying.

Lim said Rais's comments belonged to a "dictatorial regime" and not to a nation that aspires to be a modern democracy and strives to be a creative and competitive nation.

He said it also displayed a common misunderstanding of politics.

"Every and each Malaysian, regardless of age, race and religion, is entitled to 'play politics'. We want students who are independent-minded, question the what, why and how, especially the wrongs of our country, and more importantly, who would want to contribute towards the betterment of our country," he added.

Lawyer Syahredzan Johan said the UUCA was amended in 2012 to allow students to participate in political activities and expressions.

"The reaction by Rais and Cuepacs showed that they are living in an age that is long gone," Syahredzan said, referring to a statement by Cuepacs president Azih Muda that civil servants involved in the May 1 rally could be considered traitors.

"Malaysians have realised they have the power to express opinions and dissatisfaction and one way is through demonstrations or protests. To label those who protested as traitors and going against the government is not the language you would expect nowadays because it is so backward thinking and undemocratic," Syahredzan added.

Lawyer N. Surendran criticised Rais for speaking in a "deliberately ignorant" manner to mislead the public, and said the anti-GST rally was legal, and there was no breach of any laws.

"No laws were broken and no action can be taken against the students," said Surendran.

"Rais and the IGP are living in a fantasy world if they think the 10-day appeal still applies," he said, in a reference to a Bernama report quoting Inspector-General of Police Tan Sri Khalid Abu Bakar, who said police had begun probing rally organisers for allegedly violating the PAA, as well as for allegedly bringing smoke bombs, flares and sharp weapons to the assembly.