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 17 BOOK-ANR2016-01-latest.indb 17 08/04/2016 3:32 PM

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