I feel that the Bar Council’s decision to call off their walk in commemoration of Human Rights Day is wrong and disappointing. There does not seem to be any clear indication as to why the walk has been called off apart from some vague reference to the need to apply for a police permit.

It is indeed disappointing and ironic that the Bar Council has to kowtow to undemocratic and unjust laws on the very occasion it celebrates and advances human rights in our country. In light of the recent events, I believe there is all the more reason that the Bar Council and Malaysian Bar should be taking the lead to fight for the rights and freedoms every Malaysian is entitled to.

Despite what the federal constitution and some laws say require, we must first acknowledge that the right to freedom of assembly is an inherent and inalienable right of each person, irrespective of race, religion and political beliefs. This is one of the freedoms that guarantee the dignity of the human person. After all, we must remember that this is what human rights are all about - human dignity. (See the Universal Declaration of Human Rights , in particular Article 20; bear in mind that Malaysia is a proud member of the United Nations.)

In Malaysia, not only are laws restrictive of peaceful assemblies, it appears that the application of such laws are done in bad faith. The manner in which the police dealt with the recent large assemblies as well as the venomous reactions of various government ministers are good starting points.

Right from the start, the police denied permits for the peaceful assemblies using the feeble excuse of maintaining public order. I wonder if such concerns only arise when organisations unrelated to the ruling Umno organise events. I note a particular rally against the United States led by the Umno deputy youth chief last year that seemed to last three hours without wasting a drop of water from the police water cannons.

Indeed, I know that the Royal Malaysian Police, if they want to, are capable of handling peaceful assemblies and maintaining public order. I witnessed the recent demonstrations including several marches from embassy to embassy in Kuala Lumpur by a few thousand Burmese nationals against the cruelty of the Burmese military junta.

There ought to be a presumption that assemblies are peaceful and instead of giving excuses that the police should make effort to maintain public order. The role of the police at peaceful assemblies ought to be supervisory not to create chaos.

Moreover, if I am not mistaken, recently a government minister has made a blanket statement that police permits will not be given for assemblies. This indicates that laws on peaceful assemblies are only for show. There is no intent whatsoever to respect basic human and democratic rights. Further, the recent absurd charges on Hindraf supporters for attempted murder and the denial of bail reeks of malicious and punitive prosecution. This is clearly an abuse of the legal system.

There appears to be a mistaken belief amongst most Umno and Barisan Nasional politicians that democracy means an absolute absence of dissent and opposition. They continue to delude themselves that they have the full support of the people because they keep winning the heavily-rigged elections where voters do not have the benefit of press freedom.

Just as we ought to pray for wisdom and strength to overcome difficulties, the government should be working towards policies that addresses people’s issues and concerns. If the government has confidence in its own policies then it ought to have the courage to face public debate and discuss issues openly. In a democracy, differing views and criticisms are normal. It ought to be encouraged for the country’s progress, not stifled and hammered down by using brute force.

Thus, the Malaysian Bar ought to take the lead in defending justice and in reclaiming our rights and freedom in Malaysia. If we have to defy some unjust laws in the process, so be it.