The Human Rights Commission (Suhakam) today recommended a total change in the attitude of authorities and far-reaching amendments to the Police Act as a long-term solution to uphold citizens' right to unrestricted and legal peaceful assemblies.

In the immediate short and medium-term, Suhakam proposed that a more lenient approach is taken by police in granting permits for assemblies as well as the introduction of speakers' corners.

"The present mind-set of political leaders is that assemblies are intrinsically dangerous and are liable to become a threat to national security and public order," said Suhakam in its 32-page ground-breaking report on freedom of assembly which was released today.

The report was prepared by the commission's working committee on law reform and has been submitted to the Home Affairs Ministry.

The report, the first by the commission on a specific subject, was prepared following various complaints into strict legal requirements and police crackdowns on peaceful assemblies.

Suhakam has earlier submitted its maiden annual report to the Parliament on April 19 this year.

In making its recommendations, Suhakam proposed short and long-term measures, saying that the former was to "tackle current problems as expeditiously as possible" while long-term targets are set to adopt a "more holistic undertaking towards the matter".

The commission said that its recommendations were founded on the belief that "it is definitely possible to have peaceful assemblies" for participants to voice out their concerns.

Amendments to Police Act needed

Suhakam suggested that the authorities need to change their attitude as Malaysian civil society has strengthened and the demand for civil and political rights has become louder.

"This has meant that government action that infringes the fundamental rights of its citizens no longer remains unchallenged," it said.

"It is imperative for the government to respond to the changing political climate and to the changing aspirations of the society."

Suhakam proposed that for the authorities to understand the values of civil society, democracy and the rule of law, dialogue sessions and training programmes involving the policymakers, police, political parties, non-government organisations and Suhakam be held.

The commission also said that the Police Act should be amended so that organisers of public assemblies need to only inform the police, rather than apply for a permit, to hold assemblies.

It added that the amendments must include the removal of provisions so that innocent bystanders are not persecuted for being at the assembly.

Counter-demonstrations

At present, the 1988 amendments to the Police Act provides that "all persons attending, found at or taking part in such (unlawful) assembly ... shall be guilty of an offence".

This means mere presence at the assembly would be sufficient for prosecution and possible conviction.

The report also called for the repeal of provisions under the Police Act which at present do not give the court the powers to discharge an offender with conditions or to be lenient towards first offenders.

Generally, the Suhakam report states that amendments to the relevant laws must provide that assemblies are not prohibited but conditions may be imposed on organisers to prevent any public disorder and damage to public property.

However, such conditions should not restrict freedom of expression, it stressed.

In the event of any opposition or counter-demonstration to the assembly, the report proposed that rather than preventing the assembly from taking place, the police should allow the counter-demonstration to take place within sight but at a distance to maintain public order.

On processions, the report said added that similar conditions may be imposed on organisers as for assemblies, noting that the processions may be barred if the police officer-in-charge applies to the district council for a prohibiting order on grounds of possible public disorder.

The report continued that for these changes to take place, a drafting committee, comprising of representatives from Suhakam, the Attorney-General's chambers, NGOs and the police must be set up to prepare the necessary amendments to be tabled in Parliament.

Suhakam ignored by police

On its short-term recommendations, Suhakam made similar recommendations as it did in its annual report four months ago, calling for a more lenient procedure by police in granting permits. [Guidelines]

However, the police have to date ignored the recommendations by Suhakam.

Instead, police have recently enforced an indefinite ban on political rallies and a number of people have been arrested over the past few days for participating and organising ceramah (political gatherings), mostly by opposition party PAS.

Suhakam also proposed that speakers's corners are set up in every state capital for individuals to express their views on any matter, provided they do not infringe any laws.

The report also suggested that a line of communication between the police and organisers of public assemblies and processions be established and kept open to enable friendly negotiations to take place, particularly in relation to conditions to be imposed on organisers.

Other short-term proposals include the review of methods used by the police to disperse the crowd.

"Police must maintain a discreet presence, concentrating on minimising disruption to traffic, commercial life and business, and ensuring free movement of other users of public space. Riot police (the FRU and Poru) may be on standby but out of sight."

The commission concluded that peaceful assemblies are a healthy way for members of civil society to express dissatisfaction over matters that affect their lives.

"In this context, peaceful refers to the absence of violence and does not necessarily mean silent. Speeches and cheering do not render an assembly not peaceful."