AMNESTY INTERNATIONAL MALAYSIA
25 April 2007
Selective denial of public gatherings at Ijok undermines human rights
Amnesty International Malaysia is gravely concerned over the recently reported news of the selective denial of public gatherings and political speeches by the police under Section 27 of the Police Act 1958 in the Ijok by-election. This is clearly a violation of the right to freedom of speech and peaceful assembly.
Amnesty International believes that political parties must be allowed to hold public speeches and assemblies for their campaigns, as these rights are fundamental rights guaranteed in the Federal Constitution and the United Nations Universal Declaration of Human Rights (UDHR). These rights are entitled for all people despite whatever political opinion they might hold. Furthermore, the holding of public gatherings and speeches is common during the period of elections globally and a crucial component of any democratic order.
This denial also affects the rights of citizens as Article 19 of the UDHR stipulates the right to receive information and ideas without interference. We believe that in order for citizens to participate freely in elections, all the rights that are pivotal to such participation should be enjoyed by all without any form of interference and discrimination.
We are also concerned about the usage of Section 27 which highlights the continuing lack of police accountability. The discretionary powers given to police officers in issuing and canceling permits have led to repeated allegations of selective application of the law, political bias and an absence of justifiable grounds for refusing permits for both indoor and outdoor meetings in the past.
Both the Royal Commission of Inquiry into the Conduct and Management of the Royal Malaysia Police and the National Human Rights Commission (Suhakam) have called for amendments to this section as it is open for abuse and clearly undermines human rights.
Amnesty International calls for a proper and full investigation into this issue by Suhakam.
We also call on the Prime Minister to immediately implement the proposed Independent Complaints and Misconduct Commission (IPCMC) Bill and otherkey recommendation on human rights as recommended by the Royal Police Commission and Suhakam.
Josef Roy Benedict
Executive Director
Amnesty International Malaysia
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Fundamental issues are in question.
Freedom of speech; freedom of association; freedom of movement; freedom to attend or not to attend meetings, especially in an election like the one at Ijok.
These freedoms are enshrined in the Federal Constitution and also in the United Nations Human Rights. These are basic rights of every individual; and the defenders of such rights should uphold them at all times and in all places, without fear or favour.
The Election Commission must uphold and enforce such rights. The EC is supposed to be an impartial referee and must see to it that the rules of fair play are strictly enforced. It must be seen to hold the scales of justice’ and blow the whistle when any infringement of such rights occurs. It must not close one eye when there is any foul play.It must keep both eyes open and act swiftly and firmly wherever any infringement takes place.
The rule of law must always prevail. Has the EC acted in like manner ? Let right-thinking people decide for themselves whether it is so .
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