Key Issues
achieving the status of a developed nation by the end of the decade. The Commission is also
disappointed to note that the Government did not support six significant recommendations
concerning Indigenous Peoples, particularly recommendations pertaining to their land rights
which were also in line with the recommendations contained in the Report of the Commission’s
National Inquiry into the Land Rights of Indigenous Peoples in Malaysia.
9. FREEDOM OF ASSEMBLY
With regard to public assemblies, the Commission expresses hope that a balance between the
rights of different groups involved in a peaceful protest will be struck. Although the police have
statutory powers in relation to the policing of protests, it is hoped that in discharging their
roles and responsibilities, good practices and international norms on freedom of assembly
are observed. The Commission also hopes that all protests will be presumed peaceful unless
there is compelling or clear evidence that the organisers or participants intend to use or incite
violence and that violence is likely to occur.
10. REVIEW OF LAWS
In 2014, the Commission made several observations in respect of the proposed introduction of
and/or application of certain controversial laws, as below.
(a) Sedition Act 1948
The Commission regrets the Government’s decision to retain the Sedition Act 1948 and to
strengthen it with additional provisions, despite its undertaking in 2012 to repeal the repressive
and obsolete law.
While the Commission comprehends the delicate balance between freedom and security, and
recognises that the exercise of freedom of expression may be subject to restrictions prescribed
by law, such restrictions must be balanced, proportionate, unambiguous and just; and most
importantly, should comply with international norms on the right to freedom of expression and
speech.
The Commission further urges the Government to ensure that amendments to existing laws
or promulgation of new ones must be based on full engagement and meaningful consultations
with all stakeholders concerned in a manner that is impartial, clear and in compliance with due
process, and not rushed.
(b) Racial and Religious Hate Crimes Bill
The Commission notes that the draft Bill will make it an offence to incite racial or religious
hatred. It will also make it an offence to engage in conduct that is intended to bring hatred and
contempt of a Ruler.
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