Key Issues
assembly. Such arrests and the extended detention periods of participants contradict with
the principle of permissibility of limitations to fundamental human rights as provided by
international human rights law. The Commission stresses that no one should be criminalised
or subjected to threats, intimidation, and harassment for exercising their constitutional rights,
in this case, their right to peaceful assembly.
In addition, since peaceful assembly is a right guaranteed by the Federal Constitution, it is
unconstitutional for the authorities to brand the exercise of this right as illegal. Therefore,
care must be taken in the interpretation of Section 9 of the Peaceful Assembly Act 2012
(Act 736). In particular, Section 9(5) imposes a fine on those who fail to meet the ten
days’ notice requirement, but it should not render the assembly illegal. Therefore, while it is
acknowledged that the police have a vast range of statutory powers and duties in relation to
the policing of public assemblies, such powers must not seek to prevent, hinder or restrict
a peaceful assembly except to the extent allowed by Act 736.
2.
HUMAN RIGHTS EDUCATION
This year, the Commission intensified its efforts to introduce human rights education in
schools. The Commission, in its 2015 work plan, had set the theme of “Human Rights
Education (Taught and Practised) in All Schools by 2020” as an interdivisional focus area,
in support of its overarching vision of “a society in which human rights are fully respected
and protected and enjoyed by all”.
The Commission’s Human Rights Best Practices in Schools (HRBPS) Programme, which
seeks to integrate human rights values and principles into every aspect of school life, has
been expanded to 152 schools in Peninsular Malaysia, while another 55 schools in Sabah
and Sarawak have been approached to take on the Programme. The receptiveness of the
Ministry of Education and the schools is positively overwhelming in view of the fact that
the Programme was initiated in 2008 with only five pilot schools.
The Commission has observed very good outcomes from this Programme. For instance, some
schools have enhanced family and community participation in school activities, simultaneously
heightening their understanding on the child’s right to education. Many students have been
seen to be more active in showcasing their knowledge on human rights, for instance by being
involved in producing human rights comics and booklets, which the Commission plans to
distribute to other schools involved in the HRBPS Programme.
On the other hand, the Commission notes that a number of these schools have encountered
ongoing challenges in ensuring the effective implementation of this Programme. For instance,
schools involved in the Programme have insufficient human rights-related reading materials
and resources. While the Commission has supplied some human rights materials, schools
should be continuously encouraged to include, in their procurement, materials that could
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