More and more groups are speaking out to support Bersih’s rally for free elections. Perhaps more need to do the same to drown the artificially drummed up opposition to Bersih!
Shazwan Mustafa Kamal
Police prepare to fire tear gas at Bersih demonstrators, November 10, 2007. — Reuters pic
The Najib administration should allow Bersih 2.0, Perkasa and Umno Youth to exercise their constitutional rights to hold their respective rallies on July 9, the Human Rights Commission of Malaysia (Suhakam) said today.
The government commission said that the rights of these groups to assemble and express their views were guaranteed under Article 10(1)(b) of the Federal Constitution, as well as Article 20(1) of the Universal Declaration of Human Rights (UDHR), of which Malaysia is a signatory.
“The commission calls on the authorities to allow the planned peaceful assemblies to be held, and on the parties intending to hold these assemblies to exercise their rights in an orderly and responsible manner. The commission shall duly monitor the event,” said Suhakam president Tan Sri Hasmy Agam in a statement today.
Hasmy said the commission had made recommendations in the past for the federal government to allow peaceful public assemblies, and for the police to use only “proportionate and nonviolent” crowd-dispersal methods.
The first Bersih rally in 2007 saw up to 50,000 people take to the streets of Kuala Lumpur before they were dispersed by police armed with tear gas and water cannons.
The demonstration has been partly credited for Pakatan Rakyat’s record gains in Election 2008, where the opposition pact swept to power in five states and won 82 parliamentary seats.
The July 9 rally by Bersih 2.0 is making eight demands of the Election Commission (EC), including the call for free and fair elections. The government insists that elections are already free and fair, pointing to the opposition’s gains in Election 2008.
Counter rallies are also being planned by both Perkasa and Umno Youth, who have pledged to march despite the police insisting it will not issue any permits for gatherings in the city on July 9. Bersih has already cited the Federal Constitution as a reason for not asking for any permits to gather.
Police said yesterday they are probing an alleged attempt by several Bersih activists to revive communism and are investigating Parti Sosialis Malaysia (PSM) members, including Sungai Siput MP Dr Michael Jayakumar, for “waging war against the Yang di-Pertuan Agong.”
Thirty people have been remanded for a week pending police investigations but PSM has called the arrests a political ploy ahead of the rally. The DAP and several right groups have called for the 30 to be released immediately.
Home Minister Datuk Seri Hishammuddin Hussein said yesterday he could not rule out using the Internal Security Act (ISA) in dealing with the July 9 Bersih rally, but maintained that other laws will be used for now.
The security law allows for detention without trial and was enacted in 1960 primarily for use against communist terrorists.
State should stop fueling tensions over Bersih rally
Written by CIJ
The Centre for Independent Journalism (CIJ) condemns the state in not only repudiating Bersih 2.0 organisers and supporters’ right to assemble peaceably but more dangerously, in actively drumming up public antipathy against the Bersih rally and its organisers through the mainstream media, almost all of which is under state control.
Most recently, Prime Minister Najib Razak has even tried to put the blame on Bersih organisers for any chaos arising from the planned rally on 9 July 2011, which will also see two counter-rallies.
This has led to heightened tensions, with growing threats from both state and non-state actors mostly against persons or organisations connected with the rally, which include:
- death threats issued to at least seven persons.
- arrest of up to 81 persons since 22 June for various Bersih-related activities – from showing support for the assembly by wearing Bersih T-shirts to allegedly “waging war against the King”.
- police resorting to calling Bersih supporters “communists” to evoke the pre-Independence ‘red menace’
- labelling of Bersih supporters with ‘pejorative’ terms such as “anti-Islam” and “funded by foreign Christian groups”.
- defacement of SUARAM website by an unknown person(s) calling themselves “Indonesiancoder Team”, who also brought down the site.
- a break-in of the SUARAM Penang office.
- an attempt to intimidate the Parti Keadilan Rakyat by an Umno Youth-linked motorcyclist mob who surrounded the headquarters and allegedly threatened to burn down the building.
These developments are a cause for serious concern by all peace-loving Malaysians who value human and democratic rights.
The continued misuse of section 122 of the Penal Code to suppress the constitutional right of freedom of expression and peaceful assembly and stifle legitimate criticism is unacceptable. The use of the Sedition Act and the Printing Presses and Publications Act against Bersih supporters over the act of possessing leaflets and T-shirts of Bersih and leftist freedom fighters is ludicrous. CIJ is also appalled that the use of the Internal Security Act, which allows for detention without trial, has not been ruled out by the Home Minister.
The need for a permit for under the Police Act, even for peaceful assemblies, is unconstitutional and should be reexamined without delay. At the very least, the government should put in place recommendations by the Malaysian Human Rights Commission (Suhakam) to not only allow but also protect peaceful rallies, and for the use of proportionate and non-violent methods to disperse protesters.
CIJ reiterates its earlier statement that the right to peaceably assemble is guaranteed under Article 10 of the Federal Constitution, which the federal government is bound to uphold. CIJ disagrees with the demonisation of the Bersih rally as “illegal”. We also note that the proposed counter-rallies by Umno Youth and Perkasa have not been under the kind of scrutiny, nor have its leaders been vilified by the authorities. Yet of the three organisers, only the Bersih 2.0 steering committee have gone on record in support of peaceful assembly and issued guidelines on the dos and don’ts.
Instead of stoking fear over a universal democratic right, the Prime Minister should step up to the responsibilities of his office and set the tone by acknowledging and respecting the rakyat’s right to assemble peaceably.
– The Centre for Independent Journalism, Malaysia or CIJ is a non-profit organisation that aspires for a society that is democratic, just and free, where all peoples will enjoy free media and the freedom to express, seek and impart information.