Malaysia: Call to review 'unreasonable' restrictions

The Malaysian Human Rights Commission (Suhakam) has called on the government to review the Police Act and other preventive legislation to reflect international standards.

In its 2007 report released earlier this week, it said currently, such laws "unreasonably" restrict freedom of assembly and freedom of speech as guaranteed by the Federal Constitution. The call by Suhakam came following numerous street protests held last year by various non-governmental organisations.

Among them were the Bar Council's Walk of Justice in Putrajaya on 26 September, the Coalition for Clean and Fair Elections (Bersih) to demand for election reforms on 8 September and 10 November, as well as the Hindu Rights Action Force (Hindraf) rally on 25 November.

"Suhakam observed that applications for permits to hold the assemblies were rejected by police on the basis that these could lead to public disorder and posed security risks. While it is recognised that the police have a duty to ensure peace and security, they should adopt a holistic approach in handling requests for permits. Their actions must be consistent with the principles of human rights."

The 312-page report said citizens are increasingly demanding recognition of their democratic rights and measures to ensure peace and security should not be at the expense of human rights.

It noted that Section 27 of the Police Act 1967 clearly entrusted the police with unfettered powers to determine who can organise a peaceful assembly.

"The provision, however, does not set out the criteria and guidelines on meeting requirements for a permit. Discretionary powers are fully vested in the police," said Suhakam.

Suhakam also urged the government to amend the relevant laws to ensure free and fair elections.
In expressing its concern, it noted that certain fundamental rights pertaining to free and fair elections, such as freedom of expression, freedom of association and freedom of assembly, were either curtailed or ignored during election campaigns.

"Suhakam observed, too, that there is no level playing field, particularly in terms of access to the media, permission to hold political rallies, delineation of constituencies and redress in the courts," it said.

It noted the authorities must immediately address allegations such as the existence of phantom voters, as well as the inefficacy of the electoral system.

"Candidates should not be allowed to resort to undemocratic means to win elections, including vote-buying, providing non-cash incentives and using public funds and facilities.

"Public confidence in the fairness of the electoral process is far more important than a massive mandate. While elections in Malaysia have been free, it cannot be claimed that the process had been completely fair," it noted.

Date: 15 May 2008

Source: The New Straits Times