Key Issues
KEY ISSUES
1.
FREEDOM OF ASSEMBLY
This year, the Commission monitored six major public assemblies in various parts of Malaysia.
There were other smaller-scaled public rallies during the year, which the Commission was not
requested to monitor. Those major public assemblies were held to raise various human rights
and non-human rights issues, such as free and fair elections, press freedom, transparency
and accountability in government, and protection against rape, as well as to oppose the
recently imposed goods and services tax (GST), to protest the ridesharing services Grabcar
and Uber, and to object to the construction of the proposed KIDEX and DASH highways.
Based on the Commission’s observation, there appears to be greater acceptance and respect
by the public and the authorities towards the right to freedom of assembly. The Commission
particularly commends the police for their professional restraint and conduct in facilitating
the various public assemblies whilst ensuring the safety of both assembly participants and
other members of the public not part of those assemblies. In addition, organisers of the
majority of those assemblies appeared to be much more coordinated and demonstrated
greater control over the conduct of their participants so as not to disrupt and disturb other
users of locations where the assemblies took place. Moreover, the Commission was very
much encouraged by the attitudes of both the organisers and the police representatives who
displayed receptiveness and interacted with each other in order to manage the progression
and conclusion of the public assemblies.
In spite of this positive development of the right to freedom of assembly in Malaysia, the
Commission is disturbed by certain individuals and quarters who had attempted to disrupt
the peacefulness of some of those assemblies by inciting lawless and disorderly behaviour
and uttering slogans that promoted racial or religious hatred. Some participants of one of
the assemblies even pushed past police restriction lines in an attempt to reach certain parts
of Kuala Lumpur that the organisers and police had already agreed were to be prohibited.
Hence, the Commission regrets the disorderly conduct of these participants at a time when
positive improvements were being demonstrated by the authorities. The Commission is
troubled by the actions of some quarters that had attempted to perpetrate violence through
public assemblies, and wishes to remind organisers and participants that international human
rights law protects assemblies that are peaceful, and that such protection may be forfeited
should an assembly become unruly.
Notwithstanding the commendable conduct of police officers during public assemblies,
the Commission is concerned with the mass arrests of participants following a peaceful
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