Suhakam: Right to assemble denied - Federal Constitution "powerless", an insult!
The Human Rights Commission of Malaysia (Suhakam) yesterday held that the public right to peaceful assembly has been blatantly and violently denied by the authorities during Sunday night’s candlelight vigil in conjunction with the 50th anniversary of the Internal Security Act.
"The arrest of 30 people for suspected participation in the vigil held at Dataran Petaling Jaya was a violation of their human rights to peaceful assembly," said Suhakam chairman Tan Sri Hasmy Agam in a statement today.
"Suhakam was present on site to monitor the situation and we noted that the authorities did not give the crowd proper warning or ample time to disperse (before taking action)," said Hasmy.
More than 100 policemen and special branch personnel were reported to have cordoned off the area to deter the public from taking part in what police claimed was an illegal assembly.
Hasmy said the police should practise non-violent methods of crowd control or dispersal, in the event that they find it necessary to do so – instead of resorting to making arrests.
"The federal government should consider and take into account the recommendations made by Suhakam on freedom of assembly, as published in the commission’s reports related to the Kesas Highway and KLCC Bloody Sunday public enquiries," he said.
Hasmy reiterated Suhakam’s stand that the public has a right to participate in peaceful assemblies as guaranteed by article 10(1)(b) of the Federal Constitution, and Article 20(1) of the Universal Declaration of Human Rights.
"The arrest of 30 people for suspected participation in the vigil held at Dataran Petaling Jaya was a violation of their human rights to peaceful assembly," said Suhakam chairman Tan Sri Hasmy Agam in a statement today.
"Suhakam was present on site to monitor the situation and we noted that the authorities did not give the crowd proper warning or ample time to disperse (before taking action)," said Hasmy.
More than 100 policemen and special branch personnel were reported to have cordoned off the area to deter the public from taking part in what police claimed was an illegal assembly.
Hasmy said the police should practise non-violent methods of crowd control or dispersal, in the event that they find it necessary to do so – instead of resorting to making arrests.
"The federal government should consider and take into account the recommendations made by Suhakam on freedom of assembly, as published in the commission’s reports related to the Kesas Highway and KLCC Bloody Sunday public enquiries," he said.
Hasmy reiterated Suhakam’s stand that the public has a right to participate in peaceful assemblies as guaranteed by article 10(1)(b) of the Federal Constitution, and Article 20(1) of the Universal Declaration of Human Rights.
This mean the authorities had also went against the provision of the Federal Constitution in order to protect the major power holders in Putrajaya. The question here is, does the federal government has the power to overwrite the any provisions as stated in the Federal Constitution?
If they do have powers to sideline the Federal Constitution, can they explain based on which parliamentary provision or Act that empowers them to carry out such blatant violations?
So, which of the law in the country is more powerful than the other. The Federal Constitution is said to be the highest level of law that determine how our country should be administered about, but on many occasions, the country's highest law seems to be "powerless" and could not even protect our citizens at all.
We would suggest in future, if there are anymore candlelight vigils to be organized, all the participants of the said event should bring along a copy each of the Federal Constitution in order to show the authorities that their rights are stated therein, and the police should be reminded not to violate it.
And if this is happening again, the federal government and the police are openly insulting and degrading the Federal Constitution.
