CHAPTER 1 - REPORT OF THE EDUCATION AND PROMOTION WORKING GROUP
It was further stressed that, if the assembly is conducted peacefully, then the police should cooperate
to ensure that the event runs smoothly and the people attending it are safe. Regrettably, the police
have prevented people from assembling due to security reasons but have never been able to explain
the purported risks.
The Commission recommended that the police should perform their duties in accordance with the
law, without discrimination on political, religious or other basis. The Commission has observed that
the police have taken action against assemblies associated with opposition parties, but not against
assemblies conducted by parties affiliated to the Government. The participants were advised that
the police cannot make decisions based on presumptions, but must consider clear indications and
facts.
On this issue, it is noted that the feedback from Ministries and Government agencies to the
Commission’s 2008 Annual Report refered to Articles 43 and 214 of the International Covenant on
Civil and Political Rights to justify their action in restricting freedom of assembly. This is despite the
fact that Malaysia is among the UN member-states5 which have yet to accede to the treaty.
During the workshops, participants expressed their concern for personnel who regularly interact with
suspects who have symptoms of disease or critical illness. The Commission suggested that all police
personnel be given vaccine injections and necessary equipment for preventive measures.
In August, the Commission organised its first Workshop on the CRC and CEDAW for 30 investigation
officers from the Sexual and Child Investigation Division (D11). Apart from familiarising them with
the principles of the two Conventions, attention was given to how they should apply the provisions
in their daily work.
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Article 4: 1. In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties
to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the
exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve
discrimination solely on the ground of race, colour, sex, language, religion or social origin.
2. No derogation from Articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision.
3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform the other States Parties to the present
Covenant, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and of the
reasons by which it was actuated. A further communication shall be made, through the same intermediary, on the date on which it terminates such
derogation.
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Article 21: The right of peaceful assembly shall be recognised. No restrictions may be placed on the exercise of this right other than those imposed
in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (order
public), the protection of public health or morals or the protection of the rights and freedoms of others.
5
These countries include Bhutan, Myanmar, Oman, Qatar, Saudi Arabia and the UAE.
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