KEY ISSUES
KEY ISSUES
Everyone is born free and equal in dignity and rights.
Article 1, Universal Declaration of Human Rights
Compelling calls for reform incorporating human rights
were heard from many sections of civil society over the
year, both from citizens at home and abroad. On the eve
of Malaysia Day, the Prime Minister delivered a historic
commitment to repeal or amend specific laws that have
long been deemed oppressive of human rights.
Nonetheless, many groups and individuals have continued
to bring pressing human rights issues to the Government’s
attention on their own and through the Commission.
The issues, which have also attracted attention in the
international media and social media, mainly involve
freedom of assembly, preventive detention, freedom
of expression, freedom of religion and the rights of
vulnerable groups.
1. FREEDOM OF ASSEMBLY
.. I wish to emphasise
that free of any suspicion
and doubt, the Malaysia
that we all dream of
and are in the process of
creating is a Malaysia that
practises a functional and
inclusive democracy where
peace and prosperity are
preserved in accordance
with the supremacy of the
Constitution, rule of law
and respect for basic human
rights and individual rights.
Honourable Dato’ Sri Najib Abdul Razak,
Prime Minister of Malaysia,
in his 2011 Malaysia Day message
The fundamental liberty to assemble peacefully and express concerns and opinions is an essential
element of democracy as guaranteed by Article 10(1)(b) of the Federal Constitution and as enshrined
in Article 20 of the Universal Declaration of Human Rights (UDHR). The Commission welcomes the
repeal of Sections 27, 27A, and 27B of the Police Act 1967 and the enactment of the Peaceful
Assembly Act 2011, insofar as it does away with the requirement to seek the permission of the
police to hold public assemblies. However, it is concerned that new provisions now give the police
discretion to impose conditions, which could potentially undermine the right of the public to organise
or participate in peaceful assemblies.
During the passage of the Bill through Parliament, amendments were made with regard to the period
of notification to organise an assembly. Nevertheless, the Commission urges the Government to
review the Act through meaningful public consultation to ensure that its provisions comply with the
human rights principle that guarantees freedom of assembly.
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