| Charles Santiago Posted: 29 Nov 2011 11:37 PM PST
| Letter to the Prime Minister of Malaysia regarding the Peaceful Assembly Bill Posted: 29 Nov 2011 11:24 PM PST Source: Human Rights Watch Y.A.B. Dato' Sri Hj. Mohd. Najib Bin Tun Haji Abdul Razak
Prime Minister
Office of the Prime Minister
Main Block, Perdana Putra Building
Federal Government Administrative Centre
62502 Putrajaya, Malaysia Via facsimile: +60 3 8888 3444 Re: Peaceful Assembly Bill Dear Prime Minister Najib, Human Rights Watch writes to share our deep concerns regarding the Peaceful Assembly Bill (PA 2011), now before the Malaysian parliament. Our immediate concern is that the Malaysian Bar Council be permitted to conduct without disruption from police or counter-protesters their planned peaceful march in Kuala Lumpur from the Royal Lake Club to Parliament, which is scheduled to start at 11:30 a.m. today. As you are doubtlessly aware, the Bar Council plans to hand over a written submission of their proposed amendments to PA 2011 to Y.B. Datuk Liew Vui Keong, deputy minister in the prime minister's department. Since we understand that counter-protesters may also be present during the Bar Council's march, we urge you to instruct the police to keep both protests separate to ensure that all groups may peacefully assemble to make their views known. The Bar Council's demonstration and all other peaceful protests related to deliberations over the PA 2011 should be accorded their rights to peaceful assembly, in accordance with protections outlined in article 10 of Malaysia's constitution and article 20 of the Universal Declaration of Human Rights. Human Rights Watch notes that in your Malaysia Day speech, you stated that "the Government will also review section 27 of the Police Act 1967, taking into consideration Article 10 of the Federal Constitution regarding freedom of assembly and so as to be in line with international norms on the same matter." We commend your initiative to revamp the Police Act to do away with the requirement that organizers of a public assembly receive a permit in advance to proceed. However, Human Rights Watch has identified a number of serious problems with the proposed PA 2011 that introduce restrictions which are not compatible with international human rights standards. Most important is the express prohibition of "assemblies in motion"—marches and processions that often take place on streets. Under general principles of international human rights law, any restrictions on the right to peaceful assembly must be necessary for public order and proportionate to the circumstances—a wholesale ban cannot meet those requirements. Every day, major cities around the world accommodate peaceful street protests and marches without disrupting the life of the city and its inhabitants and without having the protests erupt in violence. We are further concerned with section 15(2)(h) of the Peaceful Assembly Bill, which cedes wide discretionary power to the district police chief to decide on, among other factors, the date, time, and duration of an assembly; the conduct of the participants; accommodation to the interests of others, such as business owners; and "any other matter that he deems necessary or expedient in relation to the assembly." In addition, section 21(2) of the bill provides that the police officer, in exercising the power to disperse an assembly, may use "all reasonable force" —but then fails to define what constitutes "reasonable" and what sort of situations would prompt that use of force. Parliament should also revise the provision of the draft law that states that no assembly may be held at a "prohibited place" or within 50 meters of a place so designated. The list of prohibited places is unnecessarily long, raising concerns that these restrictions will make it virtually impossible to hold an assembly in an urban setting. The Peaceful Assembly Bill reserves wide powers for Malaysia's home minister, including to determine whether an assembly may be legally held. Government objections to planned assemblies should ultimately be resolved by the courts, not a government minister. Proposed prohibitions on children under 15 years and non-Malaysian citizens participating at an assembly are unnecessary and disproportionate restrictions, and are discriminatory. Finally, Human Rights Watch notes with concern the undue haste with which PA 2011 is apparently being propelled through parliament and the lack of meaningful consultation with civil society that occurred prior to its being tabled. We urge that the bill be immediately withdrawn so that it can be referred to a Parliamentary Select Committee where all stakeholders can take part in a public consultation process to propose amendments to the draft law. PA 2011 should not be tabled until the defects outlined above—as well as others identified—are removed. The bill should only be enacted if it respects the right to peaceful assembly recognized under international law. Malaysia stated in its campaign for a seat as a member of the United Nation Human Rights Council that it would promote and uphold international human rights standards. PA 2011 is one of the biggest tests of that commitment, and Malaysia should rise to the occasion and uphold the standards it pledged to respect when it stood for election. Sincerely, Phil Robertson
Deputy Director, Asia Division Cc:
Y.A.B. Tan Sri Dato' Haji Muhyiddin Bin Mohd. Yassin, Deputy Prime Minister
Y.B. Dato' Seri Hishammuddin Bin Tun Hussein, Minister of Home Affairs
Tan Sri Haji Ismail Bin Haji Omar, Inspector General of Police
The Honorable Tan Sri Abdul Gani Patail, Attorney General
Y.B. Dato' Seri Mohamed Nazri bin Tan Sri Abdul Aziz, Minister in the Prime Minister's Department         | | Regional law society says assembly law breaches human rights Posted: 29 Nov 2011 09:17 PM PST Source: The Malaysian Insider By Debra Chong November 30, 2011  Malaysian Bar members marching to Parliament to protest the Peaceful Assembly Bill November 29, 2011. KUALA LUMPUR, Nov 30 — LawAsia, an international society of lawyers, judges and legal experts said today Malaysia has directly or indirectly breached the Universal Declaration of Human Rights (UDHR) in passing the Peaceful Assembly Bill.The 45-year-old society — which the Malaysian Bar is a member — pointed out that Article 20 (1) of the UDHR states that "Everyone has the right to freedom of peaceful assembly and association and which principle is entrenched in other international and regional instruments". In a statement today, its president Malathi Das said it objected to the prohibition of street protests, the age restrictions on who may organise and attend an assembly, and the onerous procedures required to seek permission to hold an assembly as provided for under the new law. It also noted that the new law increased the police's powers with regards to an assembly but lack the definition to safeguard the public from excessive misuse of such powers. It is noted that members of the Malaysian Bar had marched peacefully to Parliament yesterday to present their alternative, which proved street demonstrations could be peaceful and not threaten public order or safety.         | | 查尔斯：违例者罚2万 和平集会法扼杀人权 Posted: 29 Nov 2011 08:49 PM PST Source: Nan Yang San Pau （巴生25日讯）巴生区国会议员查尔斯圣地亚哥和民联巴生领袖炮轰"2011年和平集会法案"，扼杀国人的集会自由和民主进程，尤其违例者将面对高达2万令吉的罚款。 连同领袖提出抗议 查尔斯今日连同多名民联领袖召开记者会，针对国会在本周四二读通过的和平集会法案提出抗议，担心新法案一旦生效恐进一步摧毁大马的民主进程。 查尔斯说，虽然首相拿督斯里纳吉声称和平集会为革命性的新法案，事实上这项对国人影响深远的法案等于扼杀人权。 "这项取代1967年警察法令第27条文的新法案阐明，警方和内政部长有绝对权力处理一切的和平集会申请，包括在第15(1)和（2)条文下，警方有权限制和平集会的地点、日期和时限等，而且集会召集单位必须负责活动后的一切清洁费用。" 只能向部长陈情 他说，新法案中列明任何集会申请必须在30天前提呈给警方，而且警方的决定不可带上法庭挑战，只能向部长陈情。 "违例者每人可面对2万令吉的罚款，这等于扼杀穷人和平集会的自由，而且也违反大马宪法赋予人民的集会自由和人权，旨在让国阵政府钳制民联，以及巩固执政权。" 大马律师公会不认同 查尔斯举例，在新法案下，就算民间的居民协会或渔民要针对不满事项，举行请愿或提成备忘录给相关单位，也必须在30天前向警方申请准证，就连大马律师公会也无法认同。 "在新法案下，列明可进行的集会只限宗教集会、红白事、家庭聚会和社团会议。" 抵触儿童自由条约 查尔斯说，新法案中也禁止15岁以下的孩童参与任何形式的和平集会，这已抵触大马在2010年6月签署的"儿童自由条约"，后者阐明儿童拥有发言权和集会权利。 "所以，和平集会法案对国人是一项非常危险的法案，大马的民主将降至零，甚至比我们想象中的缅甸更不堪。缅甸日前刚通过新法令，允许人民只需在5天前通知警方，便可举行和平集会。" 来马工作频受虐待丧命 政府应关注柬籍女佣问题 巴生区国会议员查尔斯圣地亚哥促请政府关注柬埔寨籍女佣，来马工作期间频频疑受虐待丧命的课题，包括在今年截至11月份已有11人客死异乡。 查尔斯在记者会上说，柬埔寨大使馆预计目前约有5万名柬埔寨籍人士在大马工作，其中3万名女性在今年内抵马。 "根据当局的资料显示，在今年的首11个月内，已有11名柬埔寨籍女佣疑因受雇主虐待客死异乡，其中一些甚至面对性侵犯。" 查尔斯在会上向记者展示一些柬埔寨女佣死亡的个案，并相信这些个案只是冰山一角，因此日前在国会财政预算案辩论时已向人力资源部反映。 "人力资源部长当时承诺，大马与印尼方面签署的女佣协议，日后将扩展至柬埔寨籍外劳身上。因此，我希望政府尽快签署和落实这项协议。" 他也劝请本地雇主应善待外籍劳工，纵使有所不满，应把外劳送返代理处理，不要私下动用酷刑对付。 公正党巴生区部主席兼巴生市议员●杨文来：革命转型为国阵 和平集会法案显然是把国人的人权，集中在一小撮群体的身上，可见首相纳吉的这项革命性转型只为国阵。 当我们在争议缅甸因国内的民主问题，是否具资格接任东协峰会的来届轮值主席职。但若相比缅甸与大马最近的集会法案，我认为大马的民主落后恐比对方更没资格担任该职。 巴生市议员●朱德恭：比现有法案残酷 虽然首相纳吉声称和平集会法案为民主进程的大跃进，事实上这项法案比现有的更残酷，比警察法令更钳制国人的集会权利和自由。我希望国人认清事实，法案日后将对国人的生活造成深远的负面影响。 回教党代表兼巴生市议员●依斯迈：消灭人民发言权 回教党认同应该对涉及敏感课题，如种族和宗教课题的机会施加最低的管制，但和平集会法案显然更糟糕。这项法案旨在消灭人民的发言权，而且民间组织也受限。         | | AN INVITATION TO TRANS PACIFIC PARTNERSHIP AGREEMENT/FREE TRADE AGREEMENT PARALLEL PEOPLE’S CONFERENCE Posted: 29 Nov 2011 02:52 PM PST Date : 28th November, 2011. Dear Sir/Madame/Sdr/i AN INVITATION TO TRANS PACIFIC PARTNERSHIP
AGREEMENT/FREE TRADE AGREEMENT PARALLEL PEOPLE'S
CONFERENCE In conjunction with TPP/FTA talks to be held by the Malaysian and US government from the 5th to
9th December, 2011 in Kuala Lumpur The Trans Pacific Partnership Agreement /Free Trade Agreement negotiations will
be held in Kuala Lumpur from the 5th December, 2011 till the 9th December, 2011.
This TPP trade agreements have drastic implications on all sectors of the rakyat.
But currently negotiations of the Trans-Pacific Partnership Agreement (TPPA), and
Free Trade Agreement with the USA are happening behind closed doors where all
the text being discussed are not shown to the public, thus we do not know what is
being agreed on our behalf by the government. If the FTA is signed,it will make it harder for farmers and manufacturing workers to
make a living. It will make medicines and books more expensive for all Malaysians. It
will make it harder for the government to regulate foreign companies in the interests
of the 99% of Malaysians, including environmental and health regulations. Come to
this Public Forum to learn how you will be affected by these secret negotiations! DATE : 3RD DECEMBER, 2011 ( Saturday) TIME : 9.30 AM TO 5.00 PM VENUE: BILIK GERAKAN, 1ST floor , PEJABAT MAJLIS BANDARAYA PETALING JAYA, JALAN YONG SHOOK LIN, P.JAYA. ( BESIDE MBPJ CIVIC CENTRE) TOPICS : What are FTA how it effects our lives , Implications to workers, farmers,
service sectors , Effects on healthcare , medicine , With FTA how government
becomes subservient to investors and large corporations . Intellectual property
rights. What is to be done to fight FTA?? Speakers : Charles Santiago MP , Sanya Reid (Third World Network), Lim Li Ching (
TWN), Edward Low ( Mtaag+) Dr.Jeyakumar Devaraj MP , Burcu Kilic(Public Citizen,
USA), For further information please contact : Sivarajan (0166798005) or Han ( 0178888845) .Please confirm attendance via sms to the above numbers or
email to sivarajan.a@gmail.com Thank you.         | | Malaysia urged to reject bill clamping down on peaceful protest Posted: 29 Nov 2011 02:45 PM PST AMNESTY INTERNATIONAL PRESS RELEASE Monday 28 November Malaysia urged to reject bill clamping down on peaceful protest The Malaysian government has introduced a law which would further tighten the country's excessive restrictions on peaceful protest ahead of next year’s expected general elections, Amnesty International said today. If enacted, the Peaceful Assembly Bill would effectively prohibit street protests and fine demonstrators who fail to comply up to 20,000 Malaysian ringgit (US$6,000). The Malaysian Parliament is to consider the bill on Tuesday. “This bill is a legislative attack on Malaysians' right to peaceful protest," said Sam Zarifi, Asia-Pacific director at Amnesty International. "The Malaysian parliament should firmly reject this legislation." Last July, the authorities launched a brutal crackdown on freedom of peaceful assembly when the Coalition for Clean Elections, known as Bersih, held a march for electoral reforms in Kuala Lumpur. Police beat peaceful protesters, fired tear gas canisters into the crowd, and arrested at least 1,667 demonstrators. In the bill street protest is broadly defined as "open-air assembly which begins with a meeting at a specified place and consists of walking in a mass march or rally for the purpose of objecting to or advancing a particular cause or causes." This goes against the Universal Declaration of Human Rights which endorses the right to freedom of peaceful assembly and association (article 20). The bill restricts demonstrations to enclosed locations, such as stadiums, and requires protest organizers to obtain police permission in advance. Under public pressure, the Cabinet on Friday reduced from 30 days to 10 days the advance requirement for organizers of a public assembly to notify the police. Nonetheless, police are given wide discretionary powers to impose restrictions on public assembly. Organizers of the July march known as Bersih 2.0 were denied permits for assembly, both in the street and at a stadium. This bill would put Malaysia in violation of many of its international treaty obligations. For example, it restricts children below the age of 15 from participating in peaceful public assembly. Under the Convention of the Rights of the Child, to which Malaysia is a party, children have “the freedom to have their say, and the right to form associations and assemble peacefully” (article 15). "If the Malaysian government is serious about holding free and fair elections, it needs to end this assault on the right to peaceful protest," said Sam Zarifi. Public Document
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For more information please call Amnesty International’s press office in London, UK, on +44 20 7413 5566 or email: press@amnesty.org
International Secretariat, Amnesty International, 1 Easton St., London WC1X 0DW, UK         | | ASEANs New Basket Case? Posted: 29 Nov 2011 01:47 AM PST While there is a flicker of progress in Myanmar, the light of democracy has been crushed in Malaysia. And it happened in Parliament, as the UMNO-led ruling Barisan Nasional government muscled its way to bulldoze the Peaceful Assembly Bill. The parliament saw the play of a lethal game as only three opposition lawmakers were allowed to debate the Bill while the the BN and government-friendly lawmakers whined down their razzle-dazzle debates supporting the new piece of legislation. Earlier this morning, hundreds of lawyers staged the “Walk for Freedom” march to register their opposition to the Bill which is repressive, encroaches into the civil liberties of the people and violates the Federal Constitution. It is a rare protest as lawyers do not take to the streets in a whim and fancy. But when they walk, it is a slap on the face of the government as it caricatures the lack of democracy and poor governance. There has been a significant change in Myanmar after the military handed over power to a nominal civilian government last November. No one could deny that releasing the country’s democracy icon Aung San Suu Kyi was a big step forward. Since then, the new government has reached out to her, allowed for street protests, called for peace with ethnic minorities, freed some 230 political prisoners and suspended a highly-suspect Chinese-funded dam project. In Cambodia there has been concerted effort by the government to weed-out corruption, empower women politically and institute electoral reforms. We, in direct contrast, are moving backward by curbing the civil liberties of the people. Prime minister Najib Tun Razak, addicted to his flip-flop policies, has gone back on his promise of reforms in the country. In September, Najib scrapped Section 27 of the Police Act that requires a permit before holding rallies. It was, however, replaced with the more repressive Peaceful Assembly Bill with unacceptable restrictions on freedom of assembly, association and expression – the fundamental principles in a democracy. The new Bill outlaws all street protests, forces the organizers to give a 10 day notice to the police, regulates, restricts and imposes conditions on an assembly and prohibits anyone under the age of 15 from taking part. Furthermore, protesters could be slapped with a RM 20,000 fine while organizers who failed to give sufficient notice would be fined RM 10,000. We will see the play out of this controversial policy in the next weeks and months. We will witness further clamping down of dissent, persecution of opposition politicians and an erosion of civil rights and liberties in the country. In the lives of ordinary people, we will see tractors bulldozing down their sweat and blood as they are powerless to protest against corrupt contractors and an equally corrupt police force. We will see the voice of the poor being muffled even further. Is this the future we envision for our country? Yes, the Peaceful Assembly Bill is unconstitutional and unfair. But could the government win? To answer this question with a resounding NO, we need the rakyat to exercise their right at the ballot boxes to vote out a corrupt regime.
Charles Santiago
Member of Parliament, Klang         | |
