CHAPTER 2 - REPORT OF THE COMPLAINTS AND INQUIRIES WORKING GROUP
The Commission’s recommendations on peaceful assembly were publicised in its Report on the Public
Inquiry into the Incident at KLCC on 28 May 2006. In the report, the Commission recommended
the repeal of sub-sections (2), (2A)-(2D), (4), (4A), (5), (5A)-(5C), (7) and (8) of Section 27, and also
Section 27A of the Police Act 1967, thereby removing the need to apply for any licence to hold a
peaceful assembly. In lieu of these provisions, the Commission recommended that any person or
persons intending to organise a peaceful assembly or a peaceful procession shall notify the OCPD in
writing. It was also recommended that there should be a reasonable definition of national security
which is in harmony with human rights principles. The Commission further recommended that, in
the event the police should find it necessary to control or disperse a crowd, proportionate and nonviolent methods should be employed. However the recommendations remain unimplemented.
(g) Freedom of Expression
The Commission received complaints in regard to infringement of the freedom of expression as
provided in Article 197 of the UDHR, and noted that the right is extensively monitored by the
Government. This was demonstrated in the Ministry of Home Affairs’ decision to ban political cartoon
books by cartoonist Zunar and the refusal to renew the publication permit of Suara Keadilan, and in
the warning issued to Harakah. The Chairman of the Commission, Tan Sri Hasmy Agam, in a press
release on 7 July called on the Ministry to reverse these decisions. He also called for the formation of
an independent media council to self-regulate through a mandatory industry code, enforced through
a complaints bureau to arbitrate disputes or complaints and undertake compliance monitoring.
(h) Citizenship
The complaints received were mainly related to applications for citizenship, failure to obtain a MyKad
and revocation of citizenship. Most of the complaints were received by the Commission’s office in
Sabah. Articles relating to citizenship are provided in Part III of the Federal Constitution and consist of
three chapters which include acquisition of citizenship and termination of citizenship. The legislation
governing citizenship is the Citizenship Rules 1964.
Basically in complaints related to citizenship, the Commission liaises with the National Registration
Department and the Ministry of Home Affairs. In regard to revocation of citizenship, the issue becomes
complicated due to repercussions faced by the affected individual. The individual who is deprived of
citizenship will be stateless if any other country also does not recognise the person as its citizen.
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Article 19: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to
seek, receive and impart information and ideas through any media and regardless of frontiers.
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