Bar Council urges Senators to reject the Peaceful Assembly Bill
December 20, 2011
Bar Council urges Senators to reject the Peaceful Assembly Bill
With the controversial Peaceful Assembly Bill 2011 just moments away from being made into law, the Bar Council has launched its final attempt to block its passing by pleading with lawmakers not to put “blind obedience to party and partisanship”.
In an open letter to Dewan Negara senators today, Council President Lim Chee Wee (picture) reminded the group of their duties as “servants to the people”, insisting that the proposed law would infringe on Malaysians’ rights as guaranteed under the Federal Constitution.
“The rakyat should not be made to suffer the consequences of party politics. PA 2011 is an unjust law, being made in undue haste, which has received the condemnation of the rakyat.It is not an exaggeration to say that you hold the liberty of the rakyat in your hands. We ask that you treat it with the deference it deserves. Now, more than ever, you must remember that you were elected as a representative of the people, to carry out responsibilities as a senator,” the lawyer wrote in the letter, made available by email this afternoon.
The Dewan Negara is currently debating the controversial Bill which was earlier passed in the lower House after opposition politicians from Pakatan Rakyat (PR) staged a protest walkout.
“Do not pass PA 2011. Support our alternative Bill and our call for a parliamentary select committee (PSC),” Lim pleaded, referring to the Council’s proposed alternative to the Bill.
He said the council would not back down from its stand that the Bill, in its currrent form, should undergo amendments before it is made into law.
He said all stakeholders must be consulted, including opposition lawmakers and civil society groups. “At the second reading of PA 2011, we ask that you, as a senator, support our call,” he said.
The Council had earlier staged a “Walk for Justice” involving hundreds of lawyers from the iconic Lake Gardens to Parliament to protest the Bill which they said “imposes unreasonable and disproportionate fetters on the freedom of assembly that is guaranteed under the Federal Constitution.”
Lim repeated today that the proposed law was far more restrictive that current regulations, such as the banning of “street protests” (assemblies in motion or processions) and the “unlimited” powers vested in the police to dictate the time, date, place and conduct of an assembly.
“There are also provisions in PA 2011 that are simply illogical. As an example, although the Police do not need to be notified of a religious assembly, such an assembly cannot be held at a place of worship.
“Furthermore, a person living within 50 metres of a kindergarten or school cannot hold an open house for a festival, a funeral procession or a wedding reception,” he said.
Lim said Malaysia was founded on such street assemblies, adding that it was “ironic” that the government would now want to prohibit “the very processions that led to the founding of our nation and that moved the prime minister to promise legislative reforms.
“These promised reforms now strike back at the very demonstrations that catalysed them,” he said.
I appeal to our Government to listen to the voices and concerns of Malaysians regarding the Peaceful Assembly Bill. No pride or reputation is lost if the Senate sends the Bill back to the drafting board as this will enable all stakeholders to offer their views. That is Democracy. We all want the best for our country.
Forcing an unpopular Bill on us is a retrogressive step for our system of governance, where the constitution is the supreme law of our nation. Please, Mr. Prime Minister, do what is right, and keep the promise you made to the nation on the eve of Malaysia Day (September 16, 2011). Win back our confidence in your leadership. You have nothing to fear but fear itself (to quote Franklin Delano Roosevelt).
To the Senators on both sides of politics, please do your job and reject the Bill in the name of democracy, justice and human rights in our country.Debate conscientiously and then vote with your conscience and that must tell you that if it becomes law, you have failed in your duty to protect the rights enshrined our constitution of citizenry.–Din Merican
dinobeano - December 20, 2011 at 3:52 pm
Democracy? What democracy. Dont you know the BN is laying the groundworks to convict Anwar and to prevent people from public protest. This Act is in to crackdown on peoples right to disent. Go home quielly and let the UMNO BN coninue to theivin in the name of Malay race and Islam.
OM Shakti
anakmalaysia - December 20, 2011 at 4:07 pm
Asking Senators to “do your job”? What do you think they have been doing all this time — if not “their job”. Their job is to rubber stamp all bills passed by the Lower House. Don’t believe me? Look up Article 45(2) Federal Constitution of Malaysia 1957.
Ignorance of the law as they say is no excuse.
Mr Bean - December 20, 2011 at 6:21 pm
What about our Yang Behormat sitting in the Lower House “doing the business of the people”. Do you really think they are there as representatives of their constituents and doing the business of the people? Having shouting matches, screaming obscenities at each other and making obscene gestures is the “business of the people”?? Gimme a break! Forget being servants to anybody but to their greed.
Mr Bean - December 20, 2011 at 6:42 pm
“Council President Lim Chee Wee (picture) reminded the group of their duties as “servants to the people”, insisting that the proposed law would infringe on Malaysians’ rights as guaranteed under the Federal Constitutio”.
You need to re-read the country’s constitution. Where in the Federal Malaysian Constitution of 1957 does it say we are guaranteed of our rights to freedom of speech, assembly and association? Or for that matter our rights to anything? Freedom of religion? Don’t start that with me.
Mr Bean - December 20, 2011 at 7:35 pm
When this Bill becomes law (and not if) you guys are free to challenge it in our courts as unconstitutional ultra vires the Federal Malaysian Constitution 1957 and therefore null and void ab initio. Don’t give up hope on our federal justices just yet. But if you do, I’ll buy you a plate of char koay teow and we can sit huddled together under a banyan tree and trade vibes.
Mr Bean - December 20, 2011 at 7:40 pm
Please, Mr. Prime Minister, do what is right, and keep the promise you made to the nation on the eve of Malaysia Day (September 16, 2011). Win back our confidence in your leadership. You have nothing to fear but fear itself (to quote Franklin Delano Roosevelt). — Din Merican
Do what is right? Isn’t the Prime Minister from the far right?
Mr Bean - December 20, 2011 at 7:46 pm
It was passed. As expected.
didi - December 20, 2011 at 9:29 pm