CASE STUDY
The experience of the Human Rights Commission of Malaysia on
monitoring the right to freedom of assembly
The Human Rights Commission of Malaysia (SUHAKAM) has closely followed
developments relating to public assemblies and demonstrations in Malaysia.
It has advocated directly to parliament and the Government, and through its
annual reports248 and many media releases, for the right to freedom of peaceful
assembly.249 It has also monitored police conduct during peaceful assemblies
and rallies through Commissioner and staff monitoring teams observing the
assemblies on-the-spot. Through its six public inquiries on allegations of
human rights infringements by the authorities during public assemblies and
rallies, SUHAKAM has made various recommendations on the proper conduct
of the authorities and participants in balancing the right of the freedom of
peaceful assembly and peace and order. In 2012, for example, SUHAKAM
observed rallies in Pahang, in Pengerang, Johor, and at the May Day Rally
in Kuala Lumpur.250 It expressed the opinion that certain restrictions in the
law and conditions imposed by the police were impractical and curbed the
freedom of assembly.251
The Chairperson of SUHAKAM wrote in his foreword to the 2012 Annual
Report:
“Closely related to this is freedom of assembly, which is enshrined in
the Federal Constitution and the UDHR. Unfortunately, this right has
not flourished in the country. Many laws are security-oriented, given the
Government’s preoccupation with issues of peace and national security
since Independence; this has become a major bone of contention between
the authorities and members of the public who wish to more freely exercise
this right. In spite of the repeal of specific sections of the Police Act and
passage of legislation that dispensed with the need for a police permit
for peaceful public assemblies, there are concerns that the discretionary
powers given to the police and other limitations in the new law will inhibit,
rather than facilitate, the holding of peaceful assemblies. It is hoped that
the new law can be refined to make it fully compliant with international
human rights standards and that, in the interim, the authorities will facilitate
rather than hamper the exercise of this universal right. The people, on their
part, should conduct themselves responsibly in exercising this right.
Arising out of this is the somewhat negative public perception of the role of
the police in dealing with peaceful assemblies. While the pivotal role of the
police in the maintenance of public order and security is beyond dispute and
is generally appreciated by the people, some of its standard approaches and
procedures in carrying out its law and order function have raised questions.
The Commission is of the view that this issue of perception of the police
needs to be addressed in order to instil public confidence in the police as a
professional force and for it to emulate best practices in the world.”252 p135