Archive for category Human Rights

A silent gathering?

— Othman Wahab
The Malaysian Insider
Jan 07, 2012

JAN 7 — Oh no, not again. In the run-up to Bersih 2.0, the Najib administration agreed to allow the demonstrators to use a stadium and then withdrew the offer after being worried that calls for free elections could lead to the overthrow of the BN government.

After Prime Minister Najib Razak realised that his handling had been an unmitigated disaster, the government gave half-hearted and lame excuses about how its offer of the Shah Alam Stadium was not accepted by Bersih 2.0 organisers.

The BN government looked weak and devoid of courage. It appeared yesterday morning that the lesson of Bersih 2.0 had been learnt when the police agreed to allow the opposition to gather near the High Court in Jalan Duta, Kuala Lumpur on January 9 to show solidarity with Anwar Ibrahim who is facing jail time for a sodomy charge.

Fantastic, I thought, finally the government and its agents showing maturity instead of behaving fearfully in the face of legitimate democratic expression. Read the rest of this entry »

16 Comments

Human Rights Day 2011

Message from Aliran
The Malaysian Insider
Dec 10, 2011

DEC 10 — This year has been a memorable year for Malaysians in our struggle for democracy and recognition of human rights in our country.

The July 9 rally for clean, free and fair elections was an event all generations of Malaysians will cherish in history. It was the day ordinary Malaysians showed courage and grit in opposing violence and repression by sections of riot police armed with tear-gas and water cannon.

Besides the brave leaders of the Bersih 2.0 movement led by former Bar Council president Ambiga Sreenevasan and leaders of Pakatan Rakyat and civil society groups who came out in support of the movement, ordinary Malaysians including elderly, disabled persons and youth braved tear gas and water cannon to demand that elections be clean, free and fair.

The run-up to the July 9 rally was equally dramatic and tortuous with the unjustified arrests of Parti Sosialis Malaysia activists. The PSM 30 were initially accused of waging war against the King for no apparent reason. Six of them, all key members including Sungai Siput MP Dr Jeyakumar Devaraj, were later detained under the Emergency Ordinance. It was perhaps too much for reasonable and fair-minded members of the public to swallow. Thankfully, the EO 6 are now free and all charges have been dropped against the PSM 30. Read the rest of this entry »

3 Comments

200 brave water sprinklers to protest Assembly Bill

Nigel Aw | Dec 3, 2011
Malaysiakini

Despite what appeared to be attempts by the KLCC management to cause inconveniences, some 200 people converged at its park off Jalan Ampang in a carnival-like gathering to oppose the Peaceful Assembly Bill.

Instead of being met by police batons and water cannons on its second Saturday afternoon protest, the group of about 200, clad in yellow, were met with water sprinklers.

The group moved close to some trees in the park after the KLCC management, again, cordoned off its compound for a cleaning operation, including the area the protesters used last week.

There, they stood around national laureate A Samad Said, who is popularly known as Pak Samad, as he recited his poems. Then, the complex management turned on water sprinklers on the ground where they stood.

Undaunted, those who were caught in the sprays shielded themselves with umbrellas and continued to listen to Pak Samad, who recited his latest poem in tribute to the occupy movement, Merindu Ruang (Missing Space) after reciting his Bersih poem, ‘Unggun Bersih’. Read the rest of this entry »

5 Comments

An Assembly Tale

by Azmi Sharom
Wednesday, 30 November 2011

The scene is a small terrace house, somewhere in Kelana Jaya. Ten year old Mary and her younger brother Timothy approach their father who is sitting in the living room flossing his teeth after a large meal.

“Papa, Timmy and I would like to tell you something”

“Oh, really, both of you want to gather together and say something?”

“Yes, we think it is a very important issue and we would like to express ourselves to the whole family”.

“I see, so you want to assemble peacefully. You are not going to get violent are you?”

“Of course not Papa!” Read the rest of this entry »

9 Comments

Why the rush?

by Hafiz Noor Shams
The Malaysian Insider
Dec 02, 2011

DEC 2 — I had listened to Prime Minister Datuk Seri Najib Razak’s Malaysia Day address with scepticism. Part of the scepticism came after noticing all the qualifications made by the prime minister in the same speech. The so-called Political Transformation Programme does not look so bold if one reads the fine print.

As we have learned in recent days, the actual reform does not meet the high expectations set by the prime minister himself. The manner at which the Peaceful Assembly Bill 2011 was rushed through did little to alleviate the scepticism.

In these days of scepticism, only actions command confidence. The nearly six years of the Abdullah administration justifies that attitude. The bravado of Parti Keadilan Rakyat only adds to the justification of scepticism. Indeed, political scepticism against all sides is a sign of maturity of ordinary voters.

While the scent of scepticism was strong, not all shared it. Not all ordinary voters are seasoned political observers after all. Read the rest of this entry »

6 Comments

Limit the parliamentary majority

— Lucius Goon
The Malaysian Insider
Nov 29, 2011

NOV 29 — In a democracy it comes down to numbers. Barisan Nasional has more numbers in Parliament and is able to push through legislation, even when it is self-serving and meant for regime preservation.

This afternoon the Peaceful Assembly Bill was passed in Parliament by BN members and the frogs (calling them independent would be a disservice to independents the world over). Pakatan Rakyat MPs walked out because they wanted the Bill to be withdrawn and redrawn.

But that was never going to happen. As it is the Najib government was forced to eat humble pie and amend the Bill after it was pointed out that the legislation was even more regressive than Myanmar’s new laws on protests.

There is no use wailing or crying foul. BN has the numbers and we gave them the numbers in 2008. So it is perfectly legitimate for them to rubber stamp any legislation they want, except any change in law which requires two-thirds of Parliament’s support.

It is not the end of the world. We can always take back the numbers we gave them in 2008 and make sure that the next government repeals the Peaceful Assembly Act. Read the rest of this entry »

5 Comments

Pakatan walks out, will not vote on Assembly Bill

Malaysiakini
Nov 29, 2011

Pakatan Rakyat MPs walked out of the Dewan Rakyat during the debate on the Peaceful Assembly Bill 2011 and will not participate in voting on the Bill.

The MPs said that they were disgusted that the speaker had only allowed three Pakatan Rakyat MPs – one from each party – to debate what they consider to be a very important piece of legislation.

The three who were allowed to speak were Opposition Leader Anwar Ibrahim (Permatang Pauh-PKR), Lim Guan Eng (Bagan-DAP) and Abdul Hadi Awang (Marang-PAS). Read the rest of this entry »

18 Comments

Najib’s “clarification” is proof that PAB is the worst and most slipshod bill in 54-year parliamentary history

The Prime Minister, Datuk Seri Najib Razak’s last-minute clarification today of the Peaceful Assembly Bill (PAB) is testimony that the PAB is the worst and most slipshod bill ever drafted in the 54-year history of Malaysian Parliament as well as raising questions about Najib’s bona fides in political reforms and transformation.

Najib blamed Pakatan Rakyat (PR) for “confusing” the public with regard to the 30-day notification requirement.

He said:

“Actually the wording is within 30 days, it can be within five or 10 days but that word led to so much confusion so we decided that 10 days to be specific, so that there will be no doubts.” (The Malaysian Insider)

Najib said the previous 30 days’ notification did not mean a month’s notice was needed.

Najib’s ”clarification” is utterly ridiculous. In fact, Najib is presenting a sorry public spectacle of a Prime Minister who does not know what he is talking about, and even worse does not understand the content of the Bill he introduced in Parliament on Thursday though he described it as “revolutionary”. Read the rest of this entry »

37 Comments

Najib forewarned he is heading for another political disaster if rejects proposal for a PSC and forces PAB through all readings in Dewan Rakyat tomorrow

The Police Royal Commission Report 2005 listed the complaints against bias, unreasonableness and discrimination in the exercise of police powers under Section 27 of the Police Act 1967 which vests police with the power to regulate assemblies, meetings and processions through the granting of a permit, including the following:

*Permits granted to opposition political parties or NGOs perceived to be critical of the government or aligned with opposition parties always have a number of conditions which are considered ridiculous and difficult to implement and tantamount to an indirect refusal of permission.

*There are complaints that the police do not seem to be neutral and impartial in the granting of permits, as would appear to be the case from their alleged numerous refusals of permits to opposition political parties and organisations perceived to be linked to them. There were also allegations that those attending the events were arrested and questioned as to why they did so and why they expressed opposition towards the government.

*According to some complaints, a peaceful demonstration that turned into rioting was not caused by the action of demonstrators but on the provocation of the police.

There is nothing to demonstrate that in the six years after the publication of the Dzaiddin Police Royal Commission Report and its 125 recommendations, the Malaysian Police has won public confidence as it has transformed itself into an independent, incorruptible and professional police force, discarding the outmoded colonial police concept of “regime protection” and replacing it with the modern principles and concept of “democratic policing”. Read the rest of this entry »

17 Comments

Peaceful Assembly Bill – Najib has probably created world history in the speed with which a “revolutionary” bill becomes reactionary within 24 hrs as to require at least eight amendments

The Prime Minister, Datuk Seri Najib Razak has probably created world history in the speed with which a Bill which he described as “revolutionary” became reactionary within 24 hours as to require at least eight amendments.

On Thursday, Najib told Parliament that the Peaceful Assembly Bill was “revolutionary” and “a giant leap” in the political transformation of Malaysia. But in less than 24 hours, the Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz was directed by the Prime Minister at Friday’s Cabinet meeting to review and amend the “revolutionary” Bill!

This is the latest proof of the haphazard, insincere and irresponsible manner in which Najib is trying to implement his “political transformation” programme – totally at variance with his pledge that under his premiership, the era of “government knows best” is over and that he would fully consult with all relevant stakeholders and the civil society on major reform measures for the country.

The amendments to the Peaceful Assembly Bill, primarily on and consequential to the reduction of the requirement of 30 days to 10 days for notification to the police for any assembly, are not acceptable to give approval to the Bill as they are not wide-ranging enough as there are also other provisions in the bill which strike at the constitutional rights to freedom of assembly. Read the rest of this entry »

28 Comments

Peaceful Assembly flip-flop

— Othman Wahab
The Malaysian Insider
Nov 26, 2011

NOV 26 — Saifuddin Abdullah, the deputy minister, I am sure is a nice enough man and by his public statements, seems to have a level head.

But he is clearly mistaken if he thinks we are going to swallow his ridiculous defence of the Najib government inept attempt to pull wool over our eyes with its Peaceful Assembly Act.

Even more disappointing is his defence of the prime minister, saying that the man’s thoughts were not manifested in the Act which was tabled with much fanfare by no one else than the PM himself. Read the rest of this entry »

16 Comments

Peaceful Assembly Bill a test case whether Najib’s pledge on becoming Prime Minister that “the era of government knows best is over” is serious commitment or just hocus pocus, bunkum and baloney

The Peaceful Assembly Bill is a test case whether the Prime Minister, Datuk Seri Najib Razak’s pledge on becoming Prime Minister in April 2009 that “the era of government knows best is over”, setting the stage for a government that responds to the people’s views and concerns, or it was just hocus pocus, bunkum and baloney with the Prime Minister not meaning what he said and not prepared to “walk the talk” right from the start of his premiership.

If Najib is serious that under his administration, the era of “government knows best” is over, then he should not find any difficultly in postponing further second reading of the Peaceful Assembly Bill and refer it to a Parliamentary Select Committee to have fullest and meaningful public consultation to ensure that the new Peaceful Assembly Act is not more repressive than the regime created by Section 27 of the Police Act by bringing about an environment where all Malaysians, particularly the civil society, human right activists and the political opposition, feel more liberated instead of being more suppressed under the new legislative proposals.

The only people who are happy with the Peaceful Assembly Bill are the Police and the Home Minister, who have been armed with arbitrary powers to impose restrictive and onerous conditions reducing the constitutional rights of Malaysians to freedom of assembly an empty one.
Read the rest of this entry »

17 Comments

The hands behind Malaysia’s false spring

By Dr Lim Teck Ghee | 25 November 2011

To most of the country’s independent political observers, it is very clear now. With the unveiling of the new proposed law restricting our right to peaceful assembly and protest, the Malaysian public has been taken for a ride on the promise of political liberalization and reform made by the Prime Minister on the eve of Malaysia Day this year.

What is the explanation for the apparent turnaround in Najib Razak’s initial plan unveiled on 15 September this year to abandon earlier draconian and repressive legislation and to improve our civil liberties?

Is it that there was really no enlightened plan but in fact a calculated and cynical move aimed at strangling the right to peaceful assembly – a potential game changer in the country’s political dynamics – whilst holding out crumbs of comfort that the government is being sincere about political liberalization on less important fronts?
Read the rest of this entry »

16 Comments

Najib at loss for words about new Myanmar Protest Bill which requires only 5 days’ notice when he describes his own Peaceful Assembly Bill as “revolutionary” but which requires 30 days’ notice

The Prime Minister, Datuk Seri Najib Razak must be at a loss for words to describe the new Myanmar Protest Bill requiring its citizens to give five days’ notice to the authorities to protest peacefully when he can claim that his own Peaceful Assembly Bill is “revolutionary” but which requires 30 days notice.

Myanmar has always been regarded as the worst laggard country in ASEAN in its utter disregard and contempt for human rights and it must be very mortifying and shameful for the Malaysian government, parliamentarians and people that we now have to learn from Myanmar on how to respect human rights and fundamental constitutional liberties of our people, at least on freedom of assembly!

Does Najib want to send the Home Minister, Datuk Seri Hishammuddin Hashim to Myanmar to learn to be more respectful of the fundamental liberties at least with regard to freedom of assembly for the respective citizenry?

This is one powerful reason why the Peaceful Assembly Bill which Najib presented for second reading yesterday should be withdrawn or all Malaysian MPs would not be able to hold their heads high whether in regional or international conferences when the Myanmar Parliament could pass a bill on freedom of assembly requiring only five days’ notice to the authorities while the Malaysian government is demanding 30 days’ notice.

I thought the day will never come for me to say this – the Malaysian Prime Minister and Cabinet should learn from Myanmar at least on freedom of peaceful protest and assembly. Read the rest of this entry »

12 Comments

I have been waiting for the revocation of the three Emergency Proclamations for the past 30 to 40 years

I stand to support the motion by the Prime Minister, Datuk Seri Najib Razak to revoke the Emergency Proclamations of 1966, 1969 and 1977.

I have been waiting for the revocation for the past 30 to 40 years.

The Barisan Nasional MP for Tangga Batu Datuk Idris Haron who just spoke misled the House when he said that Barisan Nasional stands for consistency.

This is because the byword of Barisan Nasional and UMNO is not consistency, but inconsistency and hypocrisy, particularly on the issue before the House – the revocation of the Emergency Proclamations of 1966, 1969 and 1977.

On 28th and 29th June, 1979, my motion to repeal the four Proclamations of Emergency of 1964 (concerning the Indonesian Confrontation), 1966 (Sarawak political crisis), 1969 (May 13 Riots) and 1977 (Kelantan political crisis) was debated in Parliament for two days but all the Barisan Nasional MPs spoke and voted against it.

But today, all the Barisan and UMNO MPs are supporting the revocation of the Emergency Proclamations.

Who is being inconsistent? Read the rest of this entry »

4 Comments

Top 10 reasons to oppose the Peaceful Assembly Bill

by Zan Azlee
The Malaysian Insider
Nov 25, 2011

NOV 25 — I disagree with the Peaceful Assembly Bill which is being tabled in Parliament at the moment and I know that many sane Malaysians also disagree with it.

There’s been (and will be) tons of people writing and voicing their thoughts on the matter and here’s my list of top 10 reasons why I disagree with it:

1. The right for people to assemble is the right to freedom of speech and expression. If you limit and restrict that right, then you are denying democracy.

2. Myanmar just passed a law to allow public protests. I repeat — Myanmar just passed a law to allow public protests.

3. Prime Minister Najib Razak says this new law will be “revolutionary.” Sure! It’s as revolutionary as Iran’s Revolutionary Guards! Read the rest of this entry »

7 Comments

Are we stupid enough to fall for the same scam?

By Kee Thuan Chye | Nov 24, 2011
Malaysiakini

I can’t help but wonder if the government really thinks that Malaysians are stupid. So stupid that we can be hoodwinked into believing that the changes they propose to our laws amount to actual reform.

Two months ago, when Prime Minister Najib Razak announced that newspapers would no longer have to renew their publishing licences annually, he might have expected us to go ga-ga and applaud and say that the media would now be freer.

But if we had done that, we would indeed have been stupid. Because we would not have realised that there is really no change.

Even if the newspapers need not renew their licences every year, the fact remains that the home minister still retains the power to suspend or close down any newspaper at any time – if he feels it is too free in expressing its views, or for whatever reasons.
Read the rest of this entry »

16 Comments

Najib has smashed to smithereens the mirage of political transformation and “best democracy in the world” which he created two months ago with a repressive and undemocratic Peaceful Assembly Bill

The Prime Minister, Datuk Seri Najib Razak has now smashed to smithereens the mirage of political transformation and “best democracy in the world” with the first reading of the undemocratic Peaceful Assembly Bill 2011.

The mirage created by Najib that he wants to make Malaysia “the best democracy in the world” lasted only two months as the proposed repeal of Section 27 of the Police Act requiring police permits for any gathering of three or more persons is to be replaced by a more undemocratic and repressive Peaceful Assembly Bill violating the constitutional right of Malaysians to freedom of assembly.

In many respects, the Peaceful Assembly Bill is even more restrictive and repressive than Section 27 of the Police Act. Under the new law, for instance, a person can be fined up to RM20,000 as compared to RM10,000 under the Police Act.

In banning “street protests”, restricting assemblies from “prohibited places” or “within fifty metres from the limit of the prohibited place”, requiring notice of 30 days for an assembly to be held as well as empowering the police which is a total stranger to the concept of “democratic policing” to impose arbitrary restrictions and conditions for an assembly, the fundamental constitutional right of freedom to assembly runs the risk of being grounded to ashes. Read the rest of this entry »

24 Comments

Let Parliamentary Select Committee review Peaceful Assembly Bill

By Proham | November 23, 2011
The Malaysian Insider

NOV 23 — Proham views with grave concern the proposed Bill on Peaceful Assembly fails to reflect the true spirit of human rights that is consistent with the Universal Declaration of Human Rights, the Federal Constitution and the promise of the Prime Minister to institute democratic reform.

However, Proham acknowledges that the proposed bill recognises the citizen’s right to organise an assembly or participate in an assembly peacefully, although it makes it very difficult in practice.

The withdrawal of the permit to assemble is welcomed and reflects the PM’s commitment to further democratic reforms. However this is substituted by a whole range of pre-conditions and prior approvals, and restrictive legal provisions , including strengthening the powers of the police, that will severely discourage and dissuade the freedom of peaceful assembly, which is a basic human right.
Read the rest of this entry »

1 Comment

Peaceful Assembly Bill 2011: Unconstitutional and anti-democratic

By Tommy Thomas | November 23, 2011
The Malaysian Insider

NOV 23 — Why is it always the case that the Malaysian government, in the guise of improving the freedoms of its citizen, enacts laws that actually erode liberties?

Since 1960 when the Emergency was revoked, only to be immediately replaced by the dreaded Internal Security Act, 1960 (“ISA”), successive governments have taken state action to the detriment of its people. The Peaceful Assembly Bill, 2011, which had its first reading in the Federal Parliament yesterday, is another example of such retrograde law making.

I cannot believe that after 54 years of Merdeka in the 11th year of the 21st century, the Executive has the audacity to present a Bill, which, in its own Explanatory Statement, describes it as “one of the efforts initiated by the government to undertake the transformation of the existing legal framework in relation to the constitutional rights of citizens to assemble”.
Read the rest of this entry »

5 Comments