The government should stop prosecuting activists and opposition figures involved in the "Black 505" rallies held in protest against the general election resutls, international NGO Human Rights Watch (HRW) says in a letter to Prime Minister Najib Abdul Razak.

"Prosecuting activists for organising peaceful protests makes a mockery of the prime minister's promises to establish a rights-respecting government in Malaysia.

"The government should drop the charges against the six activists and publicly pledge to cease bringing cases against organisers of peaceful protests,"HRW's deputy director for Asia Phil Robertson said.

At least six organisers of the "Black 505" rallies have been charged with violating the Peaceful Assembly Act 2012 for failing to give police the required 10-day advance notice.

NONE Police on May 22 also arrested 18 peaceful protesters at a candlelight vigil outside the Jinjang police station in Kuala Lumpur.

HRW noted that the protest rallies in Selangor, Penang, Perak, Negri Sembilan, Johor and in the other parts of Malaysia were orderly and generally confined to clearly defined spaces or venues, such as sports stadiums and open fields.

Statements by prominent public officials also called into question the government's commitment to protect the right to peaceful assembly, HRW said in the letter.

The letter also quotes Home Minister Ahmad Zahid Hamidi's warning that "if they still want to continue (the rallies), then they will have to pay the price", and Kuala Lumpur police chief Mohmad Salleh's declaration that police would not tolerate the candlelight vigil, "as it will only cause agitation among the public".

Peaceful protests must not be seen as a threat

HRW said the 10-day notice provision under the Peaceful Assembly Act was contrary to international human rights standards and should be amended, along with other problematic parts of the law to protect public assembly and free expression.

The NGO pointed out that the United Nations special rapporteur on freedom of assembly and of association, Maina Kai, had reported to the UN Human Rights Council in April 2013 that "peaceful protests should not be viewed as a threat" by governments.

Robertson also flagged lengthy notification periods and recommended a maximum notice requirement of 48 hours.

Therefore, HRW said, the authorities should drop the charges against the rally organisers, end harassment and police investigations against other organisers, and amend the Peaceful Assembly Act and other laws that infringe on the rights to peaceful assembly and freedom of association.

"Najib should understand that addressing the issues surrounding the May general election means listening to his opponents - not prosecuting them for asserting the right to have their voices heard," Robertson added.

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