Problematic public assembly provisions remain, says activist

Eric Paulsen.

PETALING JAYA: A human rights activist today welcomed the amendments pertaining to street protests, particularly on doing away with street protest as an offence, but noted that other problematic provisions remain.

Malaysian Representative to the Asean Intergovernmental Commission on Human Rights (AICHR) Eric Paulsen said it was timely and mature of the government to de-link the right to protest with public disorder as these are separate issues.

He noted any protests which were not peaceful were covered by the Penal Code and other laws.

“I welcome the amendments, particularly on abolishing the ‘street protest’ offence as it is protected under the Constitution. The right to peaceful assembly also extends to peaceful procession.

“However, the amendments did not go far enough as there are other provisions that are problematic,” he said in a series of tweets today.

Paulsen was commenting on the passing of a bill in the Dewan Rakyat to allow street protests.

Paulsen pointed out that absolute prohibitions still in place are the barring of non-citizens and children from organising or participating in any assembly and, in the case of organising, anyone aged below 21.

“There’s no legal basis for such blanket bans. Public assembly itself is not inherently unlawful,” he said.

Paulsen also cited a provision which states that everyone is prohibited from assembling at any “prohibited place” and within 50 metres from the “prohibited place”.

“It is unclear what a ‘prohibited place’ is and its boundaries. This risks punishing innocent bystanders as there are no signs or warnings prohibiting assemblies,” he said.

Paulsen also acknowledged that the issue of notification and conditions imposed by the authorities on public assemblies and processions are legitimate matters.

However, he said the authorities must be reasonable and act in good faith to facilitate all peaceful assemblies and processions.

“They should not pick and choose or have double standards.

“I am not just referring to past conduct by the police or DBKL (City Hall) under the previous administration. But, more recently, we have seen protests on climate change being stifled or those on women’s rights being investigated just because of the presence of the LGBT community in the march.

“Everyone has a right to peaceful assembly, and it is in everyone’s interest that this right is protected, regardless of the issue or their affiliation. This must be the position in #MalaysiaBaharu,” he added. - FMT