BERSIH Rally: Bar Council makes a point
There are obvious attempts to prevent Malaysian citizens from submitting a memo on reforms of electoral system to the Agong. Why?
How has the Bar Council responded to the warning by Inspector-General of Police Musa Hassan?
Through Bernama yesterday, IGP Musa reminded members of the public not to attend the gathering planned for Saturday at the Dataran Merdeka.
The IGP was quoted as saying that the rally, organised by Coalition for Clean and Fair Elections (BERSIH), is capable of creating chaos and disturbing public order.
He also said the proposed gathering did not have a permit, and police would not hesitate to take stern action to break up the assembly.
Musa said police were doubtful of the real objective of the rally, and claims it would be a peaceful gathering. Reasons? Quote:
"This is because they (the organisers) are found to have announced the gathering widely, whether at ceramah functions, forums, via SMSes, websites, through the distribution of handbills and so on for the past few months," he said in a statement Thursday.
At the same time, he said, they had also issued tips to members of the public on how to face the police in the websites.
Screenshots contacted Edmond Bon, chairperson of the Bar Council Human Rights Committee for an official statement. Here it is:
The points made by the IGP are noted. They have been made before.
Nevertheless, we have participated and witnessed many assemblies in the country which were planned, and turned out to be peaceful. The last major one of course was the Bar's Walk for Justice. A common thread in these assemblies has been the commendable, non-interventionist approach taken by the police, Special Branch and FRU.
At the other spectrum, we have seen for example at the KESAS highway and KLCC incidents (both the subject of public inquiries by SUHAKAM) how the authorities have exercised some force in dispersing the crowds, in addition to accounts alleging the involvement of Special Branch involvement in inciting disorder. Not to forget the peaceful protests against the Myanmar government which saw participation by both government and opposition representatives.
It therefore calls on one to be more nuanced in discussing similar events, and issuing threats would be less helpful than constructively facilitating assembly rights. Consistent with international human rights law and the state practices of many countries, it also demands that a gradual mindset change be effected in Malaysia by looking to the authorities to assist rather than to impede the exercise of our rights.
The Bar and SUHAKAM oppose the necessity for police permits to assemble, and this position is the way forward if Malaysia is to become a developed nation by 2020.
Edmund Bon
Meanwhile BERSIH is set to go ahead with the 2-hour rally tomorrow.
High-powered delegation to submit BERSIH memo
A delegation of political and civil society leaders has been identified to submit a memorandum from BERSIH to the Agong’s representative at the end of the rally tomorrow.
The team will comprise of PKR president Wan Azizah Wan Ismail, DAP leader Lim Kit Siang, PAS secretary-general Kamaruddin Jaffar, MTUC president Syed Shahir Syed Mohamud, DAP publicity secretary of DAP Teresa Kok, Writers Alliance for Media Independence chairperson Wong Chin Huat, one representative each from student groups Gamis, SMM, Dema, Centre for Independent Journalism executive director V Gayathry, Women’s Development Collective executive director Maria Chin Abdullah and Penggerak Demokrasi Rakyat coordinator Anuar Tahir.
Opposition heavyweights, such as PKR de facto leader Anwar Ibrahim and PAS president Abdul Hadi Awang are slated to attend the rally and procession.
In a late development today, BERSIH issued a statement informing the public to gather at four locations in the city should the designated venue, Dataran Merdeka, be sealed off by the police.
“The four meeting points are the Sogo department store, Masjid India, Masjid Negara and Pasar Seni (Central Market),” said BERSIH committee member Tian Chua.
BERSIH gives point-by-point rebuttal to police
Yesterday, BERSIH submitted an appeal to Kuala Lumpur chief police officer Zulhasnan Najib Baharuddin after its application for a permit for tomorrow's rally was rejected earlier this week.
Three members of the organising committee signed the appeal, namely coordinator of activist group ‘Penggerak Demokrasi Rakyat’ Anuar Tahir, PKR vice-president R Sivarasa, and DAP’s chief election strategist Liew Chin Tong -
(Read related Malaysiakini story here.)
Media blackout ordered
Meanwhile, Fear Factor has been again invoked to thwart the rally that calls for reform of the electoral system.
According to Malaysiakini, the print media has been instructed by the government not to carry any statements issued by Bersih on the rally or to highlight the event.
Industry sources quoted by Malaysiakini said they are only allowed to run the authorities’ side of the story.
Several video montages of violent demonstrations worldwide, including the recent riot in Batu Buruk in Terengganu, have been played repeatedly on RTM1 and RTM2 over the week.
One such clip ends with the grim message, “demonstrations will only bring violence”, Malaysiakini said.
Response from international human rights group
Meanwhile, international human rights group, the New York-based Human Rights Watch, has called on Malaysian police to allow the BERSIH public rally tomorrow.
“The grounds for refusing the rally are nonsense,” said Brad Adams, Asia director of Human Rights Watch.
“If Malaysia wants to count itself a democracy, it can begin by upholding constitutional guarantees of free speech and assembly," he said. "The way the system works now, only the ruling coalition can get its messages out.”
“Organisers of the BERSIH rally only want to create a level-playing field for all in the coming elections, yet they are being denied the basic right of expressing their concerns in a peaceful demonstration,” said Adams.
He lamented that while Prime Minister Abdullah Ahmad Badawi has claimed to be a reformer, “but when it comes to holding onto power, he and his Umno party make one set of rules for themselves and another for everyone else”.
Internet references you can't get in the mainstream media: From Anwar Ibrahim, Dewan Pemuda PAS Wilayah Persekutian and:MP Teresa Kok.
From Malaysiakini
Bersih gives point-by-point rebuttal to police
Fauwaz Abdul Aziz
Nov 9, 07 1:32pm
Poll watchdog coalition Bersih submitted an appeal to Kuala Lumpur chief police officer Zulhasnan Najib Baharuddin yesterday after its application for a permit for tomorrow's rally for electoral reform was rejected earlier this week.
The reasons for the rejection were stated by Dang Wangi district police chief Mohd Zulkarnain Abdul Rahman in a letter received by Bersih on Wednesday.
Three members of the organising committee - co-ordinator of activist group ‘Penggerak Demokrasi Rakyat’ Anuar Tahir, PKR vice-president R Sivarasa, and DAP’s chief election strategist Liew Chin Tong - signed the appeal.
In response to Zulkarnain’s contention that Bersih is not a registered organisation, Bersih clarified to Zulhasnan (right) in a letter despatched the following day, that it was a coalition of 67 registered organisations and five political parties.
Dataran a public place
To ensure this does not become grounds for rejection, duly registered political party PKR, a member of Bersih, had stepped in as the endorser of the application for the permit, reads the letter.
Countering Zulkarnain’s statement that no approval had been issued by Kuala Lumpur City Hall (DBKL) for the use of Dataran Merdeka, Bersih said the square was a public place that cannot be equated with a building or hall owned by DBKL, thereby necessitating its permission.
DBKL has, however, been informed of the rally, it added.
The letter also pointed out that Dataran Merdeka was only a transit place for participants of the gathering before they proceed to Istana Negara to submit a memorandum on free and clean elections.
To Zulkarnain’s statement that another event was slated to take place at Dataran Merdeka at 4.30pm, Bersih said their gathering would already have dispersed by that time and therefore would not be a hindrance.
Zulkarnain had also claimed the police have information that certain quarters would take the opportunity to disturb peace and public order or threaten the safety of civilians.
To this, Bersih reiterated its assurance that it would ensure all participants gather and march in an orderly and peaceful manner.
“We welcome the presence in reasonable numbers of uniformed police to be with us from a distance as we march from Dataran Merdeka to Istana Negara.
“If there are any groups causing a disturbance, we regard as the responsibility of the police to control the situation and ensure that such individuals or groups are arrested to prevent any untoward incident.
“If the police have any information on hand regarding such groups, the police should give us their names and identities and warn them that the police will act in the event they commit violence and cause a disturbance.”
Human rights aspect
Bersih also dismissed Zulkarnain's claim that the rally would hinder traffic movement.
“It is evident that in any gathering and procession, whether medium-sized or small, will affect traffic. If this is used as an excuse, it will eliminate the right to assemble...
"Disturbances to traffic flow can be reduced and this requires the co-operation of traffic police as shown in most large processions outside our country.
“We appeal that you see this from the aspect of human rights by which members of the public have the right to assemble and to freedom of speech. This issue is among the foundations of this country’s democratic practices and its political future.
“If there is no reform of the elections system, the people of this country will lose their faith in the political system and this will lead to dire consequences.
“We hope the police can decide professionally and not be partisan to any quarter. In the event of failure, the image of the police will be affected and it will be seen as a tool of the ruling parties.”
Comments
so when KJ and mat rempit + umno goons demostrated in front of the US Embassy during US sect. of State's visit, that was OK???? Didnt they shout and jump like monkeys and burn flags?
Posted by: groo![[TypeKey Profile Page]](http://www.jeffooi.my/nav-commenters.gif)
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November 9, 2007 09:54 PM
In the BERSIH gathering the permit was denied out of “fear that there are irresponsible groups and undesired elements who will take the opportunity to create disorder through provocations which would eventually lead to street demonstrations and rioting"
“The police have said no, yet they still want to proceed. In that case, surely something bad is going to happen,” warned PM Abdullah at the UMNO closing
The Police are barking at the wrong tree, they should use the full force of 4000 personnel to control these small group saboteurs and the gathering can be very peaceful & incidents free. But they dare not because the SIL is there!
More details at:
http://powerpresent.blogspot.com/2007/11/free-publicity-for-kits-goblok-blog.html
Also Zam would be giving free publicity to Kit Siang's “sensational comments” in the government websites www.kempen.gov.my & www.rtm.net.my to let people “to evaluate & assess whether Uncle Kit adhered to genuine journalism ethics”. He again took offence to a comment: “that he (Zainuddin) and Umno Youth deputy chief Khairy Jamaluddin should be killed by Mat Rempit”
Posted by: mwt![[TypeKey Profile Page]](http://www.jeffooi.my/nav-commenters.gif)
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November 9, 2007 09:58 PM
It seems that he who can be away when Johor drowned can now gall with a veiled threat about the disturbance of peace to shopkeepers.
If the lawyers were peaceful when submitting a memo to his office, why should he think the rakyat won't when submitting a memo to His Majesty?
Unless there will be malfeasance and provocations afoot in the works to wreck the gathering by inserting agents provocateur, the police should be helping to make the gathering a success, rather than ignominize themselves as underlings of SEAsia's new junta on the block.
The rakyat know all this and yet are willing to go ahead - he must ask himself why. After all, he said he is for all of them.
They have no choice. They're tired of all the sandiwaras, medicine-man doublespeaks, shenanigans, deflections, and one-bald-reason followed by another.
He should ask himself and his ilk one basic question - if he is so equally keen that the election process be fair and square, he should make sure that all avenues be laid open for the rakyat, no matter who they are, big or small, to make representation in whichever they think is right, to whomsoever they think can do something to improve matters.
If the first wife's son sees a hole in the roof and tries to tell the father about it, would the father ask him to shut up but write in through his second wife?
Any step his administration takes to the contrary of the wishes of the rakyat opens his word to subjective debate and the type of scrutiny that will only aggravate matters down the line.
It doesn't matter if the gathering has opposition sentiments or not. What matters is what is being asked. Surely he doesn't want his administration to be reelected in such a way his spindoctors will have to work overtime after the event in order to re-seal the yawning gap of doubts and suspicions that will rent the very fabric of unity later down the road, does he? After all, nobody forgets how Bush was finally reelected; by order of a court. But Bush didn't have to face the meaning of 'court' in the US what the rakyat here have to face in this country. Lately, that word has become somewhat disreputed.
In sounding so arrogant and small at his own assembly, he already causes everyone to doubt all that he said there. The applause he received in that one hall only reinforced and magnified the chasm across the whole country, even the rest of the watching democracies.
You can't use the letter of the law to justify your hold on power, especially if it is your administration which also appoints the judges, appoints the enforcement, and appoints the agents provocateurs. You might as well set up some toll gates at Dataran Merdeka, and start collecting entry tickets to make some more money out of the long-suffering rakyat.
Now this reason adduced against a show of dissatisfaction - that it's not good for investment. Please explain in the same breath why the japanese ships loading timber are being kept waiting in Sarawak. Is that good for investment?
It's a simple thing. The rakyat have decided to take a walk to meet at a place, and present something to His Majesty. There's no ego being bursted unless it wants to be seen like that. Therefore, make it peaceable, so that the legacy of this country will be one of being progressive and open-minded, so that the young who now look to the stars can also look to the ground and feel this is a country which can expand horizons, external and internal, not crimp the living daylights out of our humanity.
Always remember, everyone, those who will be walking are all going to be Malaysians.
I think that term was used quite liberally during the Assembly so it should be valued as much during the Gathering.
Cheers, and be merry. X'mas ' comin'.
Posted by: Neil![[TypeKey Profile Page]](http://www.jeffooi.my/nav-commenters.gif)
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November 9, 2007 11:40 PM
People should not be afraid of their governments. Governments should be afraid of their people.
Posted by: K![[TypeKey Profile Page]](http://www.jeffooi.my/nav-commenters.gif)
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November 10, 2007 12:41 AM