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©The Sun (Used by permission)
by Llew-Ann Phang

KUALA LUMPUR (Dec 9): The Bar Council’s Festival of Rights today was to celebrate fundamental liberties like the freedom of expression and freedom of assembly, as enshrined in the Federal Constitution, Bar Council chairwoman Ambiga Sreenevasan said.

In her speech at the festival held in conjunction with International Human Rights Day tomorrow, Ambiga said Malaysia’s developing society has continued to grapple with these concepts.

“Our definitions of what constitutes freedom of religion, freedom of expression, freedom of assembly differ between ourselves; and between ourselves and the government; and even between ourselves and the courts,” she said.

“No one doubts that the government has the right and duty to protect their citizens and ensure their safety. However, in so doing, our fundamental freedoms cannot become casualties.”

Ambiga also commented on the Bar Council’s decision last week to call off the “People’s Freedom Walk”, which was initially part of the festival, in light of the recent controversy and criticism from the authorities against street demonstrations. The Bar Council also changed the venue for the festival from Central Market to its headquarters, after deciding not to submit to the police permit requirement.

She said freedom came with responsibility, and so did leadership.

“When we involve the public in our activities, we have a responsibility towards them.

“Hence, in the most difficult decision we have ever had to make, we decided to call off the walk but we will never give up on our struggle for our fundamental freedoms,” she said.

Asked later if there was a split in the organisation as some members had proceeded with the march despite its cancellation, she said she considered it an exercise of the members’ rights as citizens to assemble peacefully and not an act of defiance.

“Certainly, we’re in support of their right to do what they did,” she said.

She also said the arrest of eight people, including six lawyers, who proceeded with the walk from Sogo on Jalan Tuanku Abdul Rahman to the Bar Council building on Lebuh Pasar Besar, should not have happened as they were celebrating International Human Rights Day.

In her speech, Ambiga emphasised that the permit requirement was an “unnecessary fetter on the freedom of assembly enshrined in Article 10 of the Federal Constitution”.

“It is the right ‘to assembly peaceably and without arms. The requirement for a permit, in our view makes this right illusory,” she said.

She also said she agreed with lawyer and Kota Baru member of Parliament Datuk Zaid Ibrahim, who last week called on the government to better manage the situation and not use heavy-handed solutions.

Citing as examples the rallies organised by the Coalition for Clean and Fair Elections and Hindu Rights Action Force last month, which failed to obtained police permits, Ambiga said some amount of give and take would have seen a win-win situation for everyone.

“There ought to have been discussions between the police and the organisations as to how the events could have proceeded in a controlled manner. There would have then been less disruption, less inconvenience and no arrests,” she said.

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