Malaysia's barring of citizens below the age of 15 and non-citizens from taking part in peaceful protests has come under attack from United Nations special rapporteur Maina Kiai.
Maina, who is the special rapporteur for rights to freedom of peaceful assembly and association, said in his report that in Malaysia, children below 15 years cannot even take part in public demonstrations.
This, he said, goes against Article 15 of the UN Convention on the Rights of the Child.
“The Peaceful Assembly Act 2012 also prohibits people under the age of 21 from organising demonstrations. Migrants and non-citizens may also face undue restrictions on their right to assemble,” Maina said.
The controversial PAA which, which came into effect two years ago, prohibits and punishes children who take part in a peaceful assembly with a fine of RM10,000. Parents or the organiser who allows the children to participate in the assembly face a fine of RM20,000.
The PAA defines a child as one who is below 15 years old.
Article 15 of the Convention on the Rights of the Child stipulates the child's right to freedom of association and peaceful assembly and that there should be no restriction in enforcing this right.
Maina in his report noted that there maybe safety concerns, but he believes the such laws as in Malaysia are not tailored narrowly enough.
“A blanket ban for an entire portion of the population, without exception, is contrary to Article 15 of the convention,” he said.
Limiting non-citizens is wrong
Maina's report also said non-citizens and migrants are also not allowed to hold demonstrations in Malaysia.
“International law does allow citizenship-related limitations on certain political rights, such as voting rights and the ability to hold political office. It is, however, precisely for that reason that states (countries) should ensure migrants are not stripped of other fundamental rights, particularly assembly rights.
“An individual’s lack of citizenship or legal status does not mean that she or he should have no voice whatsoever in the political, economic or social affairs of her or his country of residence.”
Maina further stressed that peaceful assemblies are an important tool for allowing dissenting voices to be heard.
He added failure to provide any outlet for politically excluded groups to air their grievances can be counter-productive.
“Such restrictions can foster or magnify a culture of silence among the excluded group, putting them at higher risk of violations and abuses that may go unreported, un-investigated and unpunished,” he said.
“The right to freedom of peaceful assembly is particularly important for non-citizens and migrants who may lack other mechanisms with which to advance their political, social and economic interests.”
Besides Malaysia, Singapore and Myanmar are the other countries in this region that do not allow non-citizens from protesting or engaging in peaceful demonstrations.
Maina, who had visited Malaysia two years ago, had in an exclusive interview with Malaysiakini criticised the PAA for not meetinginternational standards and pointed out that it was thegovernment's duty to ensure rallies are peaceful and safe.
Maina, who is the special rapporteur for rights to freedom of peaceful assembly and association, said in his report that in Malaysia, children below 15 years cannot even take part in public demonstrations.
This, he said, goes against Article 15 of the UN Convention on the Rights of the Child.
“The Peaceful Assembly Act 2012 also prohibits people under the age of 21 from organising demonstrations. Migrants and non-citizens may also face undue restrictions on their right to assemble,” Maina said.The controversial PAA which, which came into effect two years ago, prohibits and punishes children who take part in a peaceful assembly with a fine of RM10,000. Parents or the organiser who allows the children to participate in the assembly face a fine of RM20,000.
The PAA defines a child as one who is below 15 years old.Article 15 of the Convention on the Rights of the Child stipulates the child's right to freedom of association and peaceful assembly and that there should be no restriction in enforcing this right.
Maina in his report noted that there maybe safety concerns, but he believes the such laws as in Malaysia are not tailored narrowly enough.
“A blanket ban for an entire portion of the population, without exception, is contrary to Article 15 of the convention,” he said.
Limiting non-citizens is wrong
Maina's report also said non-citizens and migrants are also not allowed to hold demonstrations in Malaysia.
“International law does allow citizenship-related limitations on certain political rights, such as voting rights and the ability to hold political office. It is, however, precisely for that reason that states (countries) should ensure migrants are not stripped of other fundamental rights, particularly assembly rights.“An individual’s lack of citizenship or legal status does not mean that she or he should have no voice whatsoever in the political, economic or social affairs of her or his country of residence.”
Maina further stressed that peaceful assemblies are an important tool for allowing dissenting voices to be heard.
He added failure to provide any outlet for politically excluded groups to air their grievances can be counter-productive.
“Such restrictions can foster or magnify a culture of silence among the excluded group, putting them at higher risk of violations and abuses that may go unreported, un-investigated and unpunished,” he said.
“The right to freedom of peaceful assembly is particularly important for non-citizens and migrants who may lack other mechanisms with which to advance their political, social and economic interests.”Besides Malaysia, Singapore and Myanmar are the other countries in this region that do not allow non-citizens from protesting or engaging in peaceful demonstrations.
Maina, who had visited Malaysia two years ago, had in an exclusive interview with Malaysiakini criticised the PAA for not meetinginternational standards and pointed out that it was thegovernment's duty to ensure rallies are peaceful and safe.
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