The
Malaysian Bar calls on the authorities, including the police, to
continue to facilitate peaceful public assemblies, such as the one that
civil society groups reportedly plan to hold at Dataran Merdeka on 31
December 2013 to protest price hikes in the country.
It
is the constitutional right of any Malaysian to assemble peacefully in
public, whether in celebration or in protest. This would be a legitimate
expression by Malaysians of their concerns or objections, and an
exercise of their constitutional right. The existence of other avenues
of raising their objections, such as organising petitions, writing
letters of complaint or speaking to elected representatives, would not
exclude or displace the right to peaceful and orderly public assembly.
These rights are cumulative and indivisible: they have equal status,
and none of them operates to negate or exclude the exercise of the
other.
The
Malaysian Bar urges the police to respect, promote and protect the
exercise of the fundamental freedoms of assembly and expression during
such gatherings, and not try to stymie or prevent the assemblies. The
provisions of the Peaceful Assembly Act 2012 must be read and applied
purposively to achieve this, and not applied narrowly, slavishly or
technically to frustrate its purpose, as well as the purpose of Article
10 of the Federal Constitution.
The
police have in effect had more than 10 days’ notice of the planned
event. The fact that the police have been speaking about the gathering
is itself evidence of their knowledge. The police must not be pedantic
in looking at the Peaceful Assembly Act 2012. The notice period of 10
days in the Act is not intended to prevent an assembly, but to allow
time for the police to make arrangements to facilitate an orderly and
safe assembly. The police should therefore have been spending the time
engaging with the organisers on this basis, instead of thumping their
chests and rattling their sabres.
On
various occasions in the past, the police have demonstrated that they
can work with organisers of public assemblies to allow participants to
walk or assemble, and openly and outwardly express their viewpoints, in
safety. We commend these positive and salutary examples. It is thus
evident that, with proper liaising and cooperation, it is possible for
the police and the organisers to work together to ensure that these
events proceed smoothly and peacefully.
The
Malaysian Bar reiterates that we support and defend the principle of
any individual or group’s fundamental freedom to speak, assemble or walk
in order to publicly and openly promote and publicise a cause, if that
freedom is exercised responsibly and peacefully. We call on the police
and Government to always protect and promote the freedoms of assembly
and expression in a fair and equitable manner. We also remind
organisers of public assemblies of their responsibility to take all
reasonable action to ensure a peaceful assembly.
Christopher Leong
President
Malaysian Bar
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