Bar Council's decision not to walk

Written by Jonson Chong Kok Wei on 07 December, 2007

I feel that the Bar Council’s decision to call off the walk to commemorate 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 disappointing and ironic indeed that the Bar Council have to kowtow to undemocratic and unjust laws on the occasion that is supposed to celebrate and advance human rights in our country. In light of recent events, I believe that there is all the more reason that the Bar Council and Malaysian Bar should be taking the lead to fight for rights and freedoms that every Malaysian is entitled to.

Despite what the Federal Constitution says, and what some laws require, we must first acknowledge that the right to freedom of assembly is an inherent and inalienable right of every single person, irrespective of her race, religion or political beliefs. And this is one of those freedoms that guarantee the dignity of the human person. After all, we must remember that that is what human rights are all about – human dignity. (See the Universal Declaration of Human Rights, in particular Article 20; and bear in mind that Malaysia is a proud member of the United Nations.)

In Malaysia, not only are the laws restrictive in terms of peaceful assemblies, it appears that the application of such laws are made in bad faith. The manner in which the police dealt with the recent large but peaceful 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 by giving the feeble excuse of maintaining public order. I wonder if such concerns only arise when organisations unrelated to the ruling Umno organise events because I note that a particular rally against the U.S. led by the Umno Deputy Youth Chief last year seemed to last three hours without wasting a drop of water from police water-cannons.

Indeed, I know that the Royal Malaysian Police are capable of handling peaceful assemblies and maintaining public order if they want to because I personally witnessed the recent demonstration (that included several marches from embassy to embassy in Kuala Lumpur) by a few thousand Burmese nationals against the cruelty of the Junta in Burma.

There ought to be a presumption that people’s assemblies are peaceful, and instead of giving excuses the police should be making the effort to maintain public order. The role of the police at peaceful assemblies ought to be supervisory, not chaos creation.

Moreover, if I am not mistaken, a government minister has recently made a blanket statement that police permits will not be given for assemblies, indicating that the laws on peaceful assemblies are only for show and there is no intent whatsoever to respect basic human and democratic rights.

Further, the recent absurd charging of Hindraf supporters for attempted murder and denial of bail reeks of malicious and punitive prosecution, and is clearly an abuse of the legal system.

There appears to be a mistaken belief by most Umno and Barisan Nasional politicians that democracy means an absolute absence of dissent and opposition. And they continue to delude themselves that they have the full support of the people because they keep winning 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 and not the absence of difficulties in our lives, the government should be working towards policies that addresses people’s issues and concerns, and not the absence of these. 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 and ought to be encouraged for the progress of the country, not stifled and hammered down by using brute force.

Thus, the Malaysian Bar ought to take the lead to defend justice and reclaim our rights and freedoms in Malaysia. And if we have to defy some unjust laws in the process, so be it.

Best regards,
Jonson Chong Kok Wei