By Debra Chong
The Malaysian Insider
Nov 22, 2011
KUALA LUMPUR, Nov 22 – Bersih 2.0 chief Datuk Ambiga Sreenevasan slammed today the proposed new law on peaceful assembly for giving greater powers to the home minister and the police to curb dissent and undermine the Federal Constitution.
In a statement today, the prominent lawyer accused the government of failing to keep up with international standards and creating instead the illusion that Malaysians now have greater freedom as provided by the country’s supreme law.
“This Bill restricts our rights as much as possible. It gives unfettered powers to the minister and the police to further restrict the freedom to assemble. It impinges on free speech. In short, it will stymie legitimate dissent in ourcountry,” Ambiga (picture) charged.
“Furthermore freedom of assembly includes peaceful street protests. By excluding this as a right altogether the Federal Constitution is once again undermined,” she said.
Ambiga moved to punch holes in the Peaceful Assembly Bill tabled this morning, saying it was worse than the existing and unconstitutional section 27 of the Police Act 1967 it was to replace.
“This right is one of the most basic and indispensable of the fundamental freedoms necessary for the functioning of a democratic society and is provided for in the Federal Constitution,” she said and cited from a 2004 Royal Commission on the Police led by former Chief Justice Tun Mohammed Dzaiddin Abdullah to prove her point.
The vocal human rights activist urged the government to immediately withdraw the proposed law if it was sincere to prove correct Datuk Seri Najib Razak’s reformist stand on making Malaysia the “best democracy”.
The prime minister promised a raft of reforms in his Malaysia Day address on September 15, including the repeal of the controversial Internal Security Act (ISA) and doing away with annual permits for the print media, saying he wanted to give Malaysians more freedom.
The former Malaysian Bar president cautioned that voters will be watching the MPs to see who supported the proposed law in the run-up to the 13th general election, widely expected to be called early next year.
But the Bar Council’s current constitutional law committee chief, Syahredzan Johan, took a slightly different stance.
The younger lawyer told The Malaysian Insider that while he had grave misgivings about the government’s prohibition of “street protests” and its definition, he regarded the new law as a “step up” compared to section 27 of the Police Act.
“Section 27 is very oppressive. Anything that loses that is a step forward, with caveats,” he said.
“To me it’s still a step forward because you don’t need a permit from the police anymore. Now they can’t stop you from assembling but we should push forward for the weaknesses to be rectified,” he added.
Pakatan Rakyat MPs in Parliament today castigated the government for presenting a more “repressive” law despite being globally panned after it resorted to tough police measures to clamp down on dissent.
In a city lockdown last July 9 during the Bersih 2.0 rally, police had shot chemical-laced water cannons and tear gas into thousands of street demonstrators demanding for cleaner elections.
The organisers estimated 50,000 people turned out for the rally, but official figures put the figures closer to 6,000 with nearly 1,600 arrested.
///Bersih 2.0 chief Datuk Ambiga Sreenevasan slammed today the proposed new law on peaceful assembly for giving greater powers to the home minister and the police to curb dissent and undermine the Federal Constitution./// – Ambiga
Of course there are provisions in the Peaceful Assembly Bill 2011 that may be abused by police to curb even more dissent and freedom of assembly if they don’t adhere to the spirit and intent of this legislation. This will apply to any law – no matter of well meaning or well drafted – it would achieve its object if enforcers deliberately act contrary to its object and purpose. It however does not mean that comparing section 27 of the Police Act and this Peaceful Assembly Bill 2011 that seeks to replace it, the latter is more draconian or take way even more than the existing Police Act. Ambiga’s statement is debateable here. Some of my reasons for saying so may be gleaned from my comments in preceding thread on this topic (which I shan’t repeat here).
“…no matter HOW well meaning or well drafted – it would NOT achieve its object if enforcers deliberately act contrary…”
WELCOME 2 d BEST democracy on dis planet, UmnoB/BN rule, OK!
Malaysia the “best democracy in the world”— why didn’t jibby tell this to obama during the recents summits in hawaii and bali?
O yeah, Obama did praise NR 2 hv shown GREAT leadership leh
Honestly all the official comments from opposition over this has been OVERLY polite. Let me put it simply. ITS CHEAP HUSTLING i.e., like much of his administration its a ‘bait-and switch’. He says one thing in public and do another.
This PM and his administration is no different than cheap card trick in Chow Kit road or selling fake Pradas and Guccis. Its no different than Nigerian scams we constanly hear.
Its SHEER idiocy to think you can run a country like is a cheap card trick on the side of a road. How over-indulgent stupid can UMNO/BN leaders be?
Come GE13 we will reform BN since it does not understand what reform means.
Umno ppl jaga jaga ya. A crumbling empire will crumble and vanish no matter what. The same laws you umno ppl now propose to pass and the laws you ppl hv passed in the last 50yrs could and would come raining hard on you ppl when your umno umbrella is blown away. Dont forget that! In politics nothing can ever be permanent.
And I thought no Bill can be Passed WITHOUT 2/3 Majority??
New law coming next week– the SeeFour Law.
This law gives the right to VVIPs to get rid of dna which may damage their standing in society. A good example is the Mongol gal who was vaporized so that some VVVIPs can get away scot free
Article 10 (1) (b) says; all citizens have the right to assemble peaceably and without arms.
It did not say that the citizens need to wait for a certain period, and the right can be exercised without having to inform the government.
It did not say that the assembly cannot be carried out on the streets.
Any law that violates the constitution is void.
The UMNO government knows that the proposed new law is against the constitution. But does the government care?
In a nutshell, Najib’s Peaceful Assembly Bill is (on letter as distinct from operational level at least) an improvement from the existing in that existing Police Act an assembly of 3 or more in a public area requires a police permit, if it were not to be unlawful whereas under the new bill, no permit is in principle required for exercise of freedom of assembly in any public area except in specified prohibited areas (the prohibition of most of these areas being by international norms reasonable and normal) but for the anomaly that the bill prohibits demonstration in and marches on public streets and walkways traditionally permissible elsewhere and considered public forum avenues but even elsewhere are regulated by police based on “reasonable use” test discussed in preceding blog thread. Malaysia unlike European countries has few squares: if we have a Tahrir Square we can gather there without permit required under Police Act: isn’t this Bill a step up and improvement than existing?
Ambiga’s statement is more political (to press the govt for more) than objective but for her whom we respect for Bersih and a respected lawyer to now tell the public that the new bill which provisions bring and are intended to bring us nearer/closer to our constitutional freedom of assembly as “unconstitutional” (in line with PR’s political stand) is a trifle disingenuous and not a position exactly objective/politically neutral – when it should be recollected that based on our existing Constitution (amended in 1988 when judicial power of Federation had been taken away) even the worse Police Act, which is sought to be replaced by this bill, is itself not unconstitutional. So how could this bill? This is not helping the public see the truth as it is but merely to press the govt for more and maybe takle away Najib’s brownie points. Her’s and PR’s view that police will be draconian in enforcement may well however be a reasonable expectation in sense that this Bill cannot stop bias enforcement if security enforcers are bent on doing it. No law/billl can do it if law enforcers’ spirit to enforce its liberal provisions of the law is not there but the spirit to control and put down democratic expression is however enthusiastic. This however is not to be confused with the provisions of the Bill themselves which are an improvement from the existing section 27 of Police Act.
If it were argued a Amiga does that the Peaceful Assembly Bill still undermines the Constitutional Right to Freedom of Assembly (“CRFOA”), then it may be counter argued that the Bill undermines it less than existing section 27 of the Police Act, and to this extent, the Bill is still, from reform perspectives, an improvement from the existing situation, though not quite far enough to satisfy she, us or the Opposition.
They think they can shut off freedom and control Malaysians with this bright idea.
They will get.. what’s coming….be it .. unlawful or whatever they wish to call it.
This is space age Malaysia.
Keep confusing Malaysians with backward laws and forward developments…telling lies..flip flopping……making empty promises…meaningless slogans ….Najib has done it all.
With this law…..against People Power…he is making a mockery of freedom and rights to all Malaysians.
Short of declaring Emergency Rule to shut mouths…this is another of his bright idea that will backfired hard at him.
He is playing with fire…he will get it.
This will only make freedom fighters.. fear nothing…absolutely nothing.
Najib want blood spill all over the country..he is going to get it.
No one can make fools of Malaysians like him…..keep flip flopping…one moment promising Malaysia will become the best democratic country in the world….next moment….Malaysia best puppets and slaves to him.
He is so lost in the woods….like a crazy nut….and no Malaysians fear an idiot or a half past six leader..
Daily he is showing he is heartless and cruel to the extreme too.
Daily he is showing how desperate he is clinging to power.
UMNO b is not a political party at all.
In name only….but it reality…it is out to become Kings and Lords over all…including the royalties.
This is modern days conquerors of States and Nation.
Using money…power…sweet talks….nice guys personalities…..but behind it all…are cruel and heartless rouges and thieves…wearing masks to fool some and threaten some…to own the country and people.
You can describe them with any labels…they will not dare to argue about it…for they think…their silence makes all descriptions about them…doubtful and not true.
It is clear as crystal and true as a holy book…UMNO b is a corrupted political party to the core and these corrupted politicians holding power must never loose power.
It is like a country governed by gangsters for decades and out come millions fighting them…to free the innocents and helpless and out come their weapons to fight….. Freedom Fighters.
So far…it is freeing without violence and talk till all drop dead with no fear.
What can they do about that….defiance?
We have come so far to be so near to see Malaysia change for the better.
Are we going to allow UMNO b to govern us forever…….making voters…powerless.just for show..like before?
Or are we going oi show Najib..and his Ministers..who their bosses… really is.
Are we human beings or cows?
Najib will soon learn….the more he tries to be too smart…the more he is making Malaysians rebels without a cause…according to his laws.
So be it,
Dis is RE-PACKAGING exercise mah, more repressif but came in a NEW DRESS 2 fool rakyat 2 think dat UmnoB/BN very nice n considerate 1
A strategy advised by d foreign company engaged with our $$ by NR n UmnoB/BN
It makes Malaysians keep thinking…disobedience with no violence…just as Mahatma Gandhi advised and freed India.
No matter what laws they can think of to shut freedom…People Power will never be afraid to go against unjust laws.
Najib and his ministers….including Ibrahim Ali…can keep twisting as much as they like.
Dirty politicians can never change.
They stole too much….too many times…never been arrested…never been tried in court for corruptions…only small fishes and stooges.
It is getting more and more like Libya…like Gaddiffi and his sons.
There is an Elvis song….”If you are looking for trouble…you come to the right place. Looking for trouble…just look into my face. I am evil…so don’t you mess around with me.”
Yes…real evil minded crooks.. must have evil fearless hearts… to confront them.
Najib has a new label….an Emperor who wears no clothes….a worthless dreamers….thinking how powerful he is.
Anti-BN People Power
You are the real master
Show it come day of reckoning
Vote wisely to send BN packing
Jib is not genuine.
Jib is not honest.
Jib is not truthful.
Jib lies all the time.
Jib is deceitful.
Jib plays the magician.
And jib thinks we dont know a thing!
Oh dear.
///The younger lawyer told The Malaysian Insider that while he had grave misgivings about the government’s prohibition of “street protests” and its definition, he regarded the new law as a “step up” compared to section 27 of the Police Act.///
The Police Act regarding assembly is clearly against the constitution. It is allowed to stay because Malaysia is a police state.
An improvement over an Act which is unconstitutional is still not acceptable. UMNO is used to the practice of stepping on one’s foot, and then lift it a little. People then claims that it was an improvement; it is now lighter. Should the people compromise on something that is clearly wrong?
“To err is human. To blame everyone is politics.”
Mahathir teaching his party leaders.
I am suspecting Najib does not mind whatever we call him….as long as he stays out of jail.
Mamak does not care. He is too old.
Hussien is speechless…planning a name face change.
Moo has cow brains..trying hard to chase jippity jipp out and take over.
UMNO b party is upside down…..inside out…but outwardly….one for all and all for one….clinging to power….under such close calls…..and conditions…never felt before in their lives.
Dollah make way for Najib…as Na has so much to loose…much more than others.
Cheap magicians performing their tricks..
New trick created. Must be performed indoors…no more outdoors…as outdoors…Oppositions always have more audience and supporters….bad for their image.