Saturday, December 10, 2011

Malaysia's Peaceful Assembly Act


(Dec. 09, 2011) Malaysia's parliament has passed a bill on peaceful assembly that has been called a threat to the basic freedom in that country. The law has been described by United Nations' experts as designed to "arbitrarily and disproportionately restrict the right to assemble peacefully." (Malaysia: New Bill Threatens Right to Peaceful Assembly with Arbitrary and Disproportional Restrictions, U.N. Office of the High Commissioner for Human Rights [OHCHR] website (Dec. 7, 2011).) The law would limit access of the media to public gatherings, ban street protests, and prohibit non-citizens and citizens under the age of 21 from peacefully assembling. (Id.) In addition, the draft puts in place broad restrictions and conditions on public assemblies, including a notification procedure for assemblies. The legislation has been attacked as having only a vague definition of "assembly" and for giving too much power to law enforcement officers and the Home Affairs Minister to record and control assemblies. (Id.) The new law is designed to replace sections 27-27C of the Police Act of 1967, which required a police permit for any rally or march; anyone who organized or took part in a gathering without a permit or who did not follow police directions in connection with an assembly could be fined or imprisoned for up to one year. The new law will have more detailed provisions than the Police Act sections it is replacing. (Amanda Whiting, Malaysia – Assembling the Peaceful Assembly Act, NEW MANDALA (Dec. 6, 2011).)

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