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Right to demonstrate in public places is central to freedom of expression
Suara Rakyat Malaysia (SUARAM) Press Statement - August 20, 2009
The statement by the Home Minister that the Police Act will be reviewed to allow the public to assemble in specific places, such as stadiums and "certain corners of the town" without the need for a police permit is an attempt to restrict demonstrations in public places.
The right to demonstrate is part and parcel of the right to freedom of expression guaranteed in our Constitution. The right to freedom of expression means nothing if it does not include expressing our views in "public places" including streets, parks, plazas in front of government buildings, even shopping complexes. Such public spaces have come to be considered as "free speech areas".
In most democratic countries, it is reasonable to obtain a police permit for a demonstration if it involves blocking traffic or other encumbrances. At the same time, in these democratic countries police permits are given as a matter of course. This is seen for example in London, where there are demonstrations practically every weekend. In these demonstrations, the police ensure that there is order and traffic is not obstructed. A permit cannot be denied because the event is controversial or will express unpopular views.
On the occasion when protesters had been prevented from attending an anti-Iraq war demonstration in London, the House of Lords delivered a judgement on 13 December 2006 allowing the right to demonstrate. The police was found to have violated Article 11 of the European Commission on Human Rights.
In great contrast, what we have seen in demonstrations in Malaysia recently, for example during the Anti-ISA demonstration on 1 August 2009, is the presence of riot police who behave provocatively by indiscriminate use of water cannons and baton charges against the people. Neutral observers, such as SUHAKAM and Al Jazeera can testify to this.
However, the government controlled mainstream media have chosen to put the blame on, in the words of the Home Minister, "those who want to cause trouble and hold gatherings outside (on the streets)".
We would like to remind the government that the National Human Rights Commission, SUHAKAM has recommended in its 2007 report that "peaceful assemblies should be allowed to proceed without a license". Reporting on the inquiry into a public demonstration against fuel price increases in Kuala Lumpur on 28 May 2006, the commission concluded that the police had used excessive force; that they had infringed the rights of some of the participants; and that certain officers could be charged under the Penal Code.
Article 20 of the Universal Declaration of Human Rights and Article 10 of the Federal Constitution clearly guarantees our right to freedom of assembly. Nowhere does it impose restrictions on where people can exercise this freedom.
We are not cattle to be corralled in stadiums or "certain corners of the town". We are human beings who have the basic human right to hold peaceful protests and marches to draw the attention of the public to issues which concern us all. This is a widely recognized right in the world community.
Dr Kua Kia Soong
Director SUARAM
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