Bersih

Citizens’ and Bersih 3.0’s freedom to assemble

By Kit

April 26, 2012

— Proham The Malaysian Insider Apr 26, 2012

APRIL 26 — Proham recognises that freedom of assembly is a fundamental human right. Public discussions, debates, peaceful demonstrations and “sit-ins” are a form of public expression within the democratic tradition and should be viewed as normal. Proham recognises that these provisions are part of the newly enacted Peaceful Assembly Act 2011.

In this context Proham feels that the authorities including Kuala Lumpur City Hall (DBKL) and the police should facilitate Bersih and its followers the exercise of this right as citizens of Malaysia in a place of their choice. The home minister has already indicated that this movement is not viewed as a security threat.

Proham feels that the authorities could view this citizens’ movement as part of the people’s call for “free and fair elections” in Malaysia. In addition, if both authorities and Bersih leaders work together there will be no disruption in the city as many larger events have been hosted in the city centre before.

A positive commercial value can be gained when viewed as a carnival. This will not hamper business but enhance taxi and transportation services including hawking and restaurants. The approach authorities take will provide the right environment for citizens making a claim in public for democracy and good governance.

It is in this context that Proham feels that the police and other enforcement officials should exercise understanding, empathy and tremendous restraint and enable citizens’ action in a peaceful and open way. We are confident that in light of many democratic changes adopted by the federal government that the democratic space will be enhanced for citizens’ participation.

Since this is the first public demonstration after the adoption of the Peaceful Assembly Act, it is a great opportunity for government to show its commitment to human rights, freedoms and moderation.

We hope the government and the people will both come out well in this test case, which will set the precedent for the implementation of the new Peaceful Assembly Act.

* Proham is the group of former human rights commissioners of Malaysia. This statement is endorsed by Tan Sri Simon Sipaun (Proham chairman), Tan Sri Ramon Navaratnam (Proham member), Datuk Michael Yeoh (Proham secretary) and Datuk Dr Denison Jayasooria (Proham exco).