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Thursday 24 February 2011

'Cap on political parties violates human rights'

(Malaysiakini) The Human Rights Commission (Suhakam) has come out strongly against a proposal by the Registrar of Societies (ROS) to cap the number of political parties, calling this an infringement of citizens' rights.

NONE"The commission strongly urges the ROS not to proceed with the recommendation, thereby giving due respect to the right of the people to choose their representatives and their political affiliations," Suhakam chairperson Hasmy Agam said in a statement.

He acknowledged that it was within the powers of the ROS to approve or refuse an application for registration under Section 7 of the Societies Act 1966.

However, Hasmy said, limiting the number and restricting new applications were inconsistent with the principles of human rights, as it curtailed the right to form an association and freedom of expression.

"The will of the people forms the basis of government's authority, thus the citizens have the right to select their representatives,” he said.

"The right to take part in government is a fundamental right enshrined in Article 119 of the federal constitution and Article 21 of the Universal Declaration of Human Rights.”
Recommendations made

Suhakam had, in its 2007 annual report, recommended that the powers of the ROS should be exercised in proportion with the purpose of the Societies Act, and that the ROS should be transparent and accountable in doing so.

Others recommendations were that:
  • Section 5 of the Societies Act, which provides for the absolute discretion of the minister to declare a society unlawful, be reviewed.
  • Section 7 should be re-examined.
  • Applicants should be given the right to be heard.
  • The Act should stipulate a reasonable timeline and rules that affect the registration process.
  • The decision should be made and communicated to the applicants within a stated time frame.
On Monday, English-language daily New Straits Times had reported the ROS recommendation to impose a moratorium on new approvals of political parties.

Registrar Abdul Rahman Othman had contended that such a cap would spare the nation the “draining” effects of politicking.

However the proposal has earned the regulatory body a slap on the wrist from parties on both sides of the political divide.

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