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Every nation that professes to be democratic; that seeks its rightful and respected place amongst the community of progressive nations, must hold dear to certain universal ideals and be guided by them. Chief amongst these commitments are international human rights principles that guarantee basic rights and freedoms.

In Malaysia, these same principles form the foundation of our own Federal Constitution, committing everyone – from Yang Di-Pertuan Agongs to Prime Ministers, Judges to lawmakers – who take up the oaths of their offices, to always uphold and defend these enshrined freedoms.

Sadly, in practice we have a tainted record in terms of actually safeguarding our citizens’ entitlement to these rights. Recent events such as the massive Bersih 2.0 rally in July, the arrests that preceded and followed it, and the on-going debate concerning the rights of students to engage in political activities only highlight the gap between what our founding fathers envisioned for us, and what is actually happening on the ground where our fundamental right to freedom speech, assembly and association are being trampled on.

Prime Minister Najib Razak’s recent Malaysia Day speech in which he affirmed his administration’s goal of creating a more democratic Malaysia by repealing draconian emergency laws such as the Internal Security Act 1960, the banishment Act 1959, and a review of the Restricted Residence Act 1993 and the Printing Presses and Publication Act 1984 had infused many with the hope that perhaps our nation was truly entering a new chapter in which there would be greater dialogue between our government and fellow citizens.

Any hope of that was dashed with the tabling of the Peaceful Assembly Bill 2011. Its provisions have come under intense scrutiny and criticism by members of the legal fraternity, civil society and concerned citizens all over the country. This situation is compounded by the haste in which the Government acted to pass the Bill through Parliament.

Far from being a law to facilitate the peaceful assembly of citizens, the Peaceful Assembly Bill instead places more repressive powers in the hands of the Government and the police especially, to act against citizens who wish to gather in peace. The Bill assumes a more prohibitive stance than one that is facilitative.

Whereas provisions of the Police Act 1967 had already made the exercise of our freedom to assemble onerous with the requirement of permits, the Peaceful Assembly Bill goes even further in restricting our freedoms.

It bans outright street protests, places restrictions on the age of those who can organize and participate in assemblies; lists out extensively public places where assemblies are prohibited and provides for monetary fines against organisers and participants who violate the Act. All these restrictions go contrary against our fundamental rights enshrined under Article 10 of the Federal Constitution. For a country that has been seeking international recognition for its commitment to democracy, this is regretfully another case of one step forward, two steps back.

More worrying is the amount of power that is now vested in the police to regulate our fellow citizens’ right to assemble. Vaguely worded provisions and the absence of effective mechanisms to check and curb instances of police misconduct only allow for more excesses to occur.

Despite the Prime Minister’s promise of a more “functional and inclusive democracy, the Bill with all its defects intact, was passed by the Dewan Rakyat on 29 November 2011 and now goes before the Dewan Negara. It is halfway towards becoming law without any meaningful consultation having taken place between the Government and the various parties who have protested, raised their concerns and even made recommendations for amendments to the Bill.

The Advocates’ Association of Sarawak joins in the chorus of concerned voices to ask that our Government reconsider the implications of the Bill and to engage our fellow citizens in constructive discussions about it.

The way forward is to allow views and opinions to be heard whether they be from detractors or supporters, and for the Government to consider them in good faith.

Good laws are respected by all when everyone can accept that they were legitimately enacted in our best interest. 

Khairil Azmi Bin Mohd Hasbie
President
6 December 2011