THE Human Rights Commission of Malaysia (Suhakam) is pleased to note that the May Day/Anti-GST Rally in Kuala Lumpur on May 1 was largely peaceful and well-facilitated by the police.
4 May 2015 @ 1:31 PM
THE Human Rights Commission of Malaysia (Suhakam) is pleased to note that the May Day/Anti-GST Rally in Kuala Lumpur on May 1 was largely peaceful and well-facilitated by the police.
However, the commission has identified a number of areas where the right to freedom of peaceful assembly can be better enhanced.
The commission regrets the arrests of several participants following the peaceful assembly and calls on the authorities to immediately and unconditionally release all detained persons as the right to participate in a peaceful assembly is critical to a functioning democracy.
The commission repeats that the right to freedom of peaceful assembly in Malaysia is guaranteed in Article 10 of the Federal Constitution, Article 20 of the Universal Declaration of Human Rights and Article 24 of the Asean Declaration of Human Rights.
The commission stresses again that any restriction on the right to freedom of peaceful assembly must be necessary, proportionate and does not threaten the values of tolerance and pluralism.
The commission further reiterates that the police have an obligation to protect and facilitate peaceful assemblies, including those expressing dissent.
Arrests and subsequent prosecution of participants of a peaceful assembly are not only unnecessary, but also wholly disproportionate.
The commission is also deeply concerned with what appears to be a tactic of mass arrests following a peaceful assembly and opines that such arrests and prolonged detention periods are not in accordance with the principles of permissibility of limitations to fundamental human rights, as prescribed by international human rights law.
The commission, therefore, calls on the authorities to ensure that no one is criminalised or subject to threats of or actual intimidation, reprisals or harassment for exercising their constitutional right to freedom of peaceful assembly.
The commission further calls on the authorities to recognise that the right to freedom of peaceful assembly plays a pivotal role in the emergence and maintenance of an effective democratic system.
The government is urged to show its commitment to upholding international human rights standards by promoting a safe and enabling environment for all Malaysians to exercise their right to freedom of peaceful assembly.
The authorities must ensure that police personnel are adequately trained in relation to international norms governing the right to freedom of peaceful assembly. Datuk Dr Khaw Lake Tee, acting chairman, The Human Rights Commission of Malaysia, Kuala Lumpur