GENEVA
(7 December 2011) – A group of United Nations independent experts
warned that a new Peaceful Assembly Bill in Malaysia may “arbitrarily
and disproportionately restrict the right to assemble peacefully.” The
restrictions range from a ban on street protests and a prohibition on
non-citizens and citizens under 21 years of age to assemble peacefully,
to conditional access for media to public gatherings.
“Many
of these restrictions are not justifiable under international law,”
said the Special Rapporteur on the rights to freedom of peaceful
assembly and of association, Maina Kiai, expressing his deep regret that
“neither the Human Rights Commission of Malaysia (SUHAKAM), nor civil
society was meaningfully consulted in the drafting of this Bill.”
According
to the proposed legislation, which contains a vague definition of
assembly, there would also be broad restrictions and conditions on
gatherings and a restrictive notification procedure. The Bill gives
excessive authority and power to law enforcement officials and the
Minister in charge of home affairs on matters related to assemblies, as
well as full discretion to the police to make any form of recording of
assemblies.
“The
right to assemble and protest peacefully is an essential safeguard for
the defence of human rights and fundamental freedoms in any pluralistic
society,” said the Special Rapporteur on human rights defenders,
Margaret Sekaggya. “I am particularly alarmed by the provision
prohibiting citizens under 21 years of age to assemble. Political and
social participation through peaceful protests are not only an
educational experience for children, youth and students but also an
investment for society as a whole.”
The
Special Rapporteur on the right to freedom of expression, Frank La Rue,
urged the Government of Malaysia to seriously reconsider the adoption
of the bill, which would contravene international human rights
standards. “The ability of all individuals to express themselves freely,
including in the form of peaceful assemblies, is a litmus test for the
level of democracy in any country,” he said recalling a previous call of
concern on the Government’s response to the Bersih 2.0 demonstrations
in November.*
“Under
international human rights law, ‘everyone’ has the right to freedom of
assembly and association, without distinction of any kind, including
nationality,” said the Special Rapporteur on the human rights of
migrants, François Crépeau. “I am deeply concerned at the provision of
the draft law which prohibits non-citizens to organize or participate in
a peaceful assembly. I appeal to the Government of Malaysia to urgently
review the Bill to ensure its compliance with fundamental human
rights.”
The
group of UN independent experts warned that “with this legislation,
people in Malaysia may not be able to express their dissent in public
spaces without fear of being detained or sanctioned.”
ENDS
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