CHAPTER 3 - REPORT OF THE LAW REFORM AND INTERNATIONAL TREATIES WORKING GROUP On 29 November, the Peaceful Assembly Bill was passed by the Dewan Rakyat and on 20 December by the Dewan Negara, after amendments by the Government. However these amendments are not in line with the Commission’s suggestions. Therefore, the Commission urges the Government to review the Act, taking international human rights principles into account. The Commission’s Recommendations 1. A clearer distinction should be made between the definition of an ‘assembly’ which includes processions, and of a ‘street protest’. 2. The right to assemble peacefully without arms should be extended to non-citizens as they too have the right to express themselves and to be heard. 3. There should be a review of the barring of an assembly within 50 metres of a prohibited place, as such prohibition would be impractical and unrealistic in most cities and towns. 4. The provision on participation of children should be reviewed to lower the permissible age of 15 to a more appropriate age in the light of Malaysia’s obligations under the CRC, now that the reservation to Article 15 has been removed. 5. Clause 13 should be reviewed to put in place a cooperative model which would allow the police and the organiser of a public assembly to arrive at a consensus on matters relating to the assembly, for the purpose of facilitating the assembly in line with the objectives of the Act. 6. There should be review of the provision on appeals against restrictions and conditions imposed by the police, to enable these to be made to the court rather than to the Minister in charge. 7. Clause 19 – which deems organisers to be persons who promote, sponsor, hold or supervise the assembly, or who invite or recruit participants, or who are speakers for the assembly – should be reviewed. These persons are merely exercising their basic democratic rights and should not be held fully responsible in the event of any non-compliance. 8. Provisions of the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials should be incorporated in Part V of the Act which deals with enforcement. 9. Clause 24 should allow for full, and not just reasonable, access of the media to public assemblies. 10. A provision should be included to allow external parties, such as the Commission, the Bar Council and other relevant statutory bodies, to monitor public assemblies. 66