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‘Proposed Peaceful Assembly Bill worse than Section 27′

G Vinod | November 23, 2011

Calling it worse than Section 27 of the Police Act, Bersih 2.0 chief S Ambiga says the Bill reflects government's authoritarian mindset.

PETALING JAYA: The newly tabled Peaceful Assembly Act 2011 continued to receive brickbats from civil society groups who say the Bill is worse than Section 27 of the Police Act.

Bersih 2.0 chairperson S Ambiga said not only is the Bill worse than Section 27 but the new law provided vast power to the home minister and the police to curtail demonstrations.

“While the Royal Commission of Inquiry on the Police in 2007 referred to Section 27 as an unconstitutional law, we have the government proposing a worse bill than that,” said Ambiga.

Nazri Aziz, minister in the PM’s Department, tabled the Bill in Parliament, which among others, outlaws street protests and bars those below 21 years from organising rallies.

Ambiga said the new bill reflects the government’s authoritarian mindset and it was impossible for them to open the nation’s democratic space.

“And does the government think people will be deterred from organising street rallies just because the legislation outlaws it?” asked Ambiga.

She warned the government that people were watching its actions closely and that Umno-BN would be judged in the next general election.

Law of the jungle

DAP’s Klang MP Charles Santiago said the law reflects the government’s fear of losing power in the next polls and the Bill was an attempt to restrict civil liberties in its bid to hold on to power.

Describing it as a law of the jungle, Santiago also said Malaysia is being run by rogue politicians who are coming up with legislations that was against the Federal Constitution.

“I won’t be surprised if the two new laws which are supposed to replace the archaic Internal Security Act (ISA) will be more oppresive than the ISA itself,” said Santiago.

He asked Malaysians to reject the Peaceful Assembly Bill. “The government can’t simply take away our fundamental liberties by bulldozing a Bill with unconstitutional laws,” he said.

Bar Council president Lim Chee Wee said the government should not to outlaw street protests and wants the home minister and the police to promote peaceful assembly instead of curtailing it.

“Banning children from taking part in assemblies against our international obligations under the Convention of the Rights of the Child (CRC) 1995, which Malaysia is a signatory to,” said Lim.

He said Women, Family and Community Development Minister Shahrizat Abdul Jalil promised that the government would recognise children’s rights as they are the future leaders.

Here are other organisations’ views on the Peaceful Assembly Bill:

People’s Welfare Party (Kita) president Zaid Ibrahim:

“The new Peaceful Assembly Bill is an embarrassment to Prime Minister Najib Tun Razak. It’s a shame on how this proposed law falls short of what was pledged during Malaysia Day.

However, I don’t believe the PM was intentionally hoodwinking the rakyat with sweet words just to strengthen his popularity. He was articulating his sincere desire for reforms but it’s his inability to get his Cabinet and his lawyers to do what he wants that is causing this problem.”

PKR youth chief Shamsul Iskandar Akin:

“The government introduced this new bill in order to curb any form of protests from its opponents. It will use this law against political parties, especially PKR to stop us from voicing out against government transgressions.”

Lawyers for Liberty:

“The government should moot legislation to conform with international human rights standards and norms of a democratic society.

Therefore conditions to the right to peaceful assembly must be clearly spelt out in order to ensure that rights can be exercised without hindrance.

The new Bill manifests the repressive nature of the government, which is aimed to amplify its assault on the people’s right to peaceful assembly already been trampled by the existing provisions in the Police Act 1967, Penal Code and Public Order (Preservation) Act 1958.”

Selangor and FT Community Association (Permas) president Tan Jo Hann:

“The proposed act gives police arbitrary powers to act as judge and jury to decide on matters ranging from ‘venues’ of gatherings, and to decide if it is ‘sensitive’ or ‘disturbing public peace’.

Ironically, many documented cases show that the police were high-handed towards peaceful demonstrations, e.g. during Bersih 2.0. We saw the police arresting more than 1,000 peaceful protesters with one life lost.”

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