Freedom of Assembly
Freedom oMalaysia – Assembling the Peaceful Assembly Act — Amanda Whiting
APRIL 4 — The process of enacting the Peaceful Assembly Bill 2011 and the public debate and disappointment this has engendered illustrate some of the worst, and yet also some of the most encouraging, aspects of the law and legal culture in Malaysia.
When Prime Minister Najib Razak announced on Malaysia Day this year his government’s plan to annul three of the four Proclamations of Emergency (those of 1966, 1969 and 1977) and the Emergency Ordinances made under them, replace the Internal Security Act 1960 with a more enlightened anti-terrorism law, and review or abolish laws inconsistent with the constitutional right to freedom of speech, assembly and association, many people dared to hope that his Umno-led Barisan Nasional government had finally appreciated the magnitude of public disapproval, manifest in the reduced majority for Umno in the March 2008 election, and the massive assembly of citizens rallying on July 9 this year to support Bersih 2.0’s campaign for clean and fair elections, to choose but two of many examples.
Hearing or reading his speech, and in the aftermath, as the Attorney-General’s Chambers began low-key and invitation-only consultations on law reform, people indeed allowed themselves to hope that Umno really meant that it would work towards “creating […]a Malaysia that practices a functional and inclusive democracy where public peace and prosperity is preserved in accordance with the supremacy of the constitution, rule of law and respect for basic human rights and individual rights”.
Yet when the Peaceful Assembly Bill was tabled in Parliament on 22 November 2011, that hope was replaced by bitter disappointment or outright cynicism, since it was apparent that the new law was in many ways worse than the old, despite the fact that it is modelled closely – but with telling differences – upon Queensland’s relatively progressive Peaceful Assembly Act 1992.
Under the
APRIL 4 — The process of enacting the Peaceful Assembly Bill 2011 and the public debate and disappointment this has engendered illustrate some of the worst, and yet also some of the most encouraging, aspects of the law and legal culture in Malaysia.
When Prime Minister Najib Razak announced on Malaysia Day this year his government’s plan to annul three of the four Proclamations of Emergency (those of 1966, 1969 and 1977) and the Emergency Ordinances made under them, replace the Internal Security Act 1960 with a more enlightened anti-terrorism law, and review or abolish laws inconsistent with the constitutional right to freedom of speech, assembly and association, many people dared to hope that his Umno-led Barisan Nasional government had finally appreciated the magnitude of public disapproval, manifest in the reduced majority for Umno in the March 2008 election, and the massive assembly of citizens rallying on July 9 this year to support Bersih 2.0’s campaign for clean and fair elections, to choose but two of many examples.
Hearing or reading his speech, and in the aftermath, as the Attorney-General’s Chambers began low-key and invitation-only consultations on law reform, people indeed allowed themselves to hope that Umno really meant that it would work towards “creating […]a Malaysia that practices a functional and inclusive democracy where public peace and prosperity is preserved in accordance with the supremacy of the constitution, rule of law and respect for basic human rights and individual rights”.
Yet when the Peaceful Assembly Bill was tabled in Parliament on 22 November 2011, that hope was replaced by bitter disappointment or outright cynicism, since it was apparent that the new law was in many ways worse than the old, despite the fact that it is modelled closely – but with telling differences – upon Queensland’s relatively progressive Peaceful Assembly Act 1992.
Under the