 |
| From: Suqiu Committee <suqiu@t...> Date: Fri Feb 23, 2001 4:49pm Subject: Walkathon arrest exhibits the absurdity of law and its enforcement Date : 22 February 2001 Walkathon arrest exhibits the absurdity of law and its enforcement Peaceful assembly should require only informing police not permit The Suqiu Committee proposes that the peaceful assembly should only require informing the police for the purpose of maintaining public order and facilitating traffic, and not obtaining the police’s permission. The recent events in Sabak Bernam, Kubang Pasu, Kuala Lumpur and Kulim have again shown the police’s negative attitude towards ctiziens exercising constitutional right of peaceful assembly. The existing provision of law against peaceful assembly and its enforcement have exhibited the height of absurdity when 47 individuals were arrested last Sunday simply because they took part in a walkathon without police permit. The peaceful assembly guidelines to be proposed by Suhakam to the Parliament in April must therefore do away permit from the Police. The organizer of the SJKC Damansara’s“Save Our School”walkathon have informed the police in advance and successfully kept the event peaceful and in order. However, 47 out of 99 participants were arrested. The “offence” they committed apparently was their failure to walk in “two by two”with a distance of minimum 20 feet between each couple. The arrested citizens were also ordered to take off the “Save Our School” T-shirt they wore and gave to police as evidence. What can be more alarming than the police who even have the absolute power to determine whether the walking manner and dress code of citizens, otherwise they will be arrested for “illegal assembly”? Every citizen is entitled to the right to assemble peacefully and without arms under the Article 10 (1) (b) of the Federal Constitution. The Police should not be given power to determine whether, when and how the people shall exercise such right. The absurdity in the walkathon arrest has showed to the nation that this power can be abused to the extent of violating citizen’s very personal freedom. This is a shocking precedent that cannot go unnoticed by every segment of the society, definitely not the Suhakam in drafting their proposal for assembly guidelines. Suqiu Committee |
|
| Thursday March 1 D’sara school villagers appeal to Suhakam Zakiah Koya 5:43pm, Thu: The action committee to save SRJK (C) Damansara today presented a memorandum to the Human Rights Commission (Suhakam) requesting an inquiry into alleged violation of human rights in the controversial relocation of the Chinese school in Petaling Jaya. Ten villagers from the Damansara New Village, accompanied by a representative of the Malaysian Chinese Organisations’ Elections Appeal Committee (Suqiu), presented the memorandum to Suhakam commissioner Anuar Zainal Abidin at the Suhakam office. According to the memorandum, the villagers’ human rights are being violated because the school which the villagers have helped to build is closed down with no valid reason given by the authorities. The villagers, speaking in broken Malay, told Anuar that all they want to do is preserve the school which they believe is their right as they have had the school for over 70 years. “The villagers have poured in money and sweat to expand the school to what it is today. Yet there is no valid reason given to the villagers when the authorities wanted to close down the school,” said the memorandum. Students to be expelled Early this year, students from the school were directed by the Education Ministry to temporarily transfer to SRJK (C) Puay Chai (II) - a few kilometres away - while awaiting the completion of a new school in Tropicana. The majority of the students have since moved to Puay Chai (II) but 67 have stayed put, and are continuing their classes at a neighbourhood temple. The memorandum presented to Suhakam also stated that since Malaysia had signed the United Nations Convention on the Rights of the Child in 1995, a statement issued by the education minister has clearly gone against the convention. On Feb 26, Education Minister Musa Mohamad said that those students who refused to move to Puay Chai (II) by tomorrow would be expelled. The memorandum also said that under the Article 10 of the Constitution, it is the right of citizens to assemble peacefully, and to voice their opinions. “The excess and unnecessary use of police force against the villagers and supporters to retain the school is in clear violation of the Constitution. The placing of the Federal Reserve Unit and the police force outside the temple after the notice to disperse was given to the crowd last weekend gives the impression of coercion being used,” said the memorandum. Arrests ‘not fair’ The villagers’ leader Tommy Chin also informed Anuar of the arrest of 47 people who took part in a walkathon organised to support the retention of the old school two weeks ago. He said that the participants were arrested at traffic lights while they were waiting to cross the road. “At any given time, there will definitely be a crowd at the traffic lights,” said Chin. Anuar said his personal opinion on the arrests is that “it is not fair”. The villagers requested Anuar to visit the old school to get a clearer picture on the controversy. Anuar replied that he would not make any promises but that he would give “close attention” to the issue. Suqiu representative Wong Chin Huat said that they are hoping Suhakam would give its views on the matter as they believe that the organisation could put “pressure” on the authorities. Anuar, however, said that Suhakam will not take sides and that all actions taken by the human rights body will be on the basis of “humanity”. “If humanity is threatened, then we will try to solve the issue, but not with power. This is because Suhakam has no power to take any action. We only have the power to present our views and advice, and it is up (to the other party) to follow that advice,” said Anuar. |
 |
 |