STATEMENT : Passage of the Peaceful Assembly Bill threatens the voice of civil society

ARTICLE 19    ' H F     

On 20 December 2011, the Malasian (Senate) passed the controversial Peaceful Assembl Bill, despite widespread from local civil societ, the Malasian Bar Council, international non-governmental organisations, and the United Nations. Contrar to its euphemistic title, the bill will instead impose far greater limitations on the rights to freedom of assembl and of association.

Passed by the Senate after only one day of debate, the new Peaceful Assembly Bill prohibits street protests (assemblies in motion or processions) and imposes monetary fines on individuals who violate the bill. On 7 December 2011, a group of United Nations independent experts similarly warned that the Bill was likely to “arbitrarily and disproportionately restrict the right to assemble peacefully”.

ARTICLE 19 is disappointed by the governments lack of genuine consultation with civil society stakeholders on the bill, and urges the government to withdraw the restrictive legislation immediately, before it is signed into law. Maina Kiai, the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association, criticised the fact that “neither the Human Rights Commission of Malaysia (SUHAKAM), nor civil society was meaningfully consulted in the drafting of this Bill.” The Bill is problematic in that it provides the police with excessive, unlimited authority, including the power to arrest participants and decisively close down public demonstrations. A range of arbitrary provisions further confine the conduct of peaceful and legitimate public gatherings, including: age restrictions on those who can organise and participate; an extensive and highly selective list detailing the few open spaces where assemblies are permissible; and media freedom is subject to changeable, conditional access.

ARTICLE 19 is seriously concerned about the discriminatory and repressive implications of this Bill, particularly when national elections are expected to be held in Malaysia early next year. If the Bill is passed into law, as is widely expected, it can be potentially abused by those in power to effectively narrow room for oppositional public debate and to legitimise arbitrary government crackdowns on public gatherings during the run-up elections.

ARTICLE 19 believes the new limitations imposed on the right to freedom of assembly contradict the fundamental tenets of a democratic society. The Peaceful Assembly Bill is constitutionally inconsistent and infringes on rights enshrined under Article 10 of the Federal Constitution. It is further incompatible with Prime Minister Najib Razaks continued promise to respect civil society and the democratic rights of , and is a step backwards from the legal reforms that PM Razak initiated in September 2011 through the repeal of the Internal Security Act

On the same day that the Peaceful Assembly Bill was passed, the Dewan Negara also approved a motion to revoke three anachronistic emergency laws (the Emergency Proclamation 1966, Emergency Proclamation 1969 and Emergency Proclamation 1977). This one step forward, two steps back approach threatens legal consistency in the field of freedom of expression in Malaysia.

ARTICLE 19 appeals to the Government of Malaysia to continue its raft of legal reforms, in strict compliance with its human rights obligations under international law. As such, we continue to welcome the progress made on decisions to revoke draconian laws such as the Internal Security Act 1960, the Banishment Act 1959, the Printing Presses and Publication Act 1984, and the three aforementioned Emergenc Proclamations.

ARTICLE 19 calls upon the Government of Malasia to immediatel withdraw the Peaceful Assembl Bill. We urge that all further review and reform should incorporate due consultation of local and international stakeholders, including oppositional part members and civil societ organisations.