Asia Times 4th August 2001

By Anil Netto

PENANG - The much-maligned Human Rights Commission of Malaysia (Suhakam) has astonished its critics by calling on the authorities to ease restrictions on freedom of expression and to relax curbs on free assembly.

The release of a candid 32-page report on freedom of assembly on Friday puts the authorities in an awkward position. Police have been enforcing a blanket ban on all political gatherings, hauling in activist after activist under the harsh Internal Security Act (ISA).

The use of the ISA, which allows indefinite detention without trial, reflects a hardening in the official attitude towards ceramahs (political forums). Prime Minister Mahathir Mohamad, in power for 20 years, is therefore unlikely to be thrilled with Suhakam's frank report.

Despite being periodically slammed by rights groups for being too deferential, the government-appointed human rights commission has at times risen to the occasion with refreshingly forthright views.Suhakam's candor comes not a moment too soon. The latest ISA detainee is Norashid Sakip, a youth committee member of the opposition

Pan-Malaysian Islamic Party (PAS) - the first PAS activist to be detained since the latest ISA sweep began in April. According to Harakahdaily, the PAS news website, police had asked Norashid Sakip to report to the police station for discussions regarding a permit for a ceramah scheduled for August 12. He was then escorted to his house, which was then raided for 45 minutes, before being detained, the website added.

The ISA routinely denies detainees the right to meet lawyers and places them at the mercy of interrogators who are trained to "turn over" and "neutralize" their captives. Of the 13 activists detained under the ISA since April, eight are still in custody. As of July 3, there were 69 ISA detainees - not all of them political activists - at the infamous Kamunting Detention Center, north of Kuala Lumpur.In April, police swooped down on reformasi (reform) activists involved in street demonstrations. They then turned their attention to critical university students.

The arrests of reformasi activists hurt the National Justice Party (Keadilan) of ousted deputy premier Anwar Ibrahim, depriving it of its key campaigners. It also effectively crippled mass reformasi demonstrations around the capital. The subsequent arrests of two university student activists - who were later released - appeared aimed at silencing what was becoming an increasingly vocal student movement.

Since then, the police have turned their sights on ceramahs. The clampdown on these informal talks - often held in obscure rural locations and usually attended by crowds ranging from several hundred to a few thousand - is likely to hurt PAS the most.

Whereas Keadilan activists once relied heavily on mass demonstrations in addition to ceramahs to raise their profile, PAS has consistently banked on its proven formula of regular ceramahs across the nation almost every night. No other political party in Malaysia can match PAS' grueling ceramah schedule. It's a formula that has enabled the party to reach out to the public despite its lack of access in the mainstream media.

A local daily reported that hundreds of riot policemen were deployed to block 33 gatherings organized by PAS across central Selangor state on July 31. Police also dispersed a crowd of some 500 people at a rally in PAS-controlled northeastern Terengganu state the same night.PAS' other channel of information dissemination, its party newspaper, Harakah, has already had its circulation restricted after the party made sharp inroads into territory controlled by Mahathir's United Malays National Organization (UMNO) in the 1999 general election.By banning ceramahs, the authorities are hoping to tighten its grip over opposition activity. Ruling parties have little problem securing mainstream media coverage.

The ban has been enforced at a sensitive time for UMNO with the departure of powerful finance minister Daim Zainuddin, whose tenure was marked by several controversial bail-outs, and the impending government takeover of well-connected United Engineers, a shareholder of Renong, Malaysia's largest corporate debtor.

In its 32-page report, Suhakam observed that "the present mindset of political leaders is that assemblies are intrinsically dangerous and are liable to become a threat to national security or public order".The commission wants laws on public assembly to be relaxed. Under the Police Act, organizers have to apply well in advance for a police permit for an assembly of three or more persons. The Suhakam report noted several cases in which police had turned down permit applications for assemblies without good or, for that matter, any reason. It also cited instances when police had used excessive force to disperse demonstrators.

The 13-member commission, chaired by former deputy premier Musa Hitam, wants the Police Act to be amended so that innocent onlookers cannot be prosecuted for being at the scene of an "unlawful assembly".In previous demonstrations since 1998, the majority of people arrested for unlawful assembly were not charged, observed Suhakam. Many of those charged were later acquitted, proving that they should not have been detained at all, it added.

Suhakam also called on the authorities to designate a Speakers' Corner "at a populous spot in every state capital where individuals may express their views on any matter, provided they do not infringe any laws".

For now, the commission has called on police to approve all applications for public assemblies as a matter of course and to exercise restraint in dealing with demonstrators. It said police should maintain a discreet presence and allow adequate time for demonstrators to disperse after issuing a warning. Only "reasonably necessary" force should be used against those who resist, it recommended.

The Suhakam report, prepared by the commission's working committee on law reform, has been submitted to the Home Affairs Ministry.The timing of the Suhakam report will be cause for concern for the Mahathir administration. In comes in the wake of what looks like a revival in the independence of another key institution, the judiciary. Though the Suhakam report is not legally enforceable, it adds moral force to calls from rights groups for greater freedom of assembly.

Whether Mahathir heeds Suhakam's call to lighten up remains to be seen. He can be expected to dig in even deeper and ignore the report. It would be a pity - not least for the credibility of UMNO and the ruling coalition - if dissent continues to be bottled up and allowed to simmer.