Suhakam today distanced itself from comments by its deputy chairperson Harun Hashim, who had said last Saturday that public rallies had contributed to the racially-motivated riots of May 13, 1969.

"(Harun's comment) is his personal statement. It is not a statement of Suhakam. I would like to state that he did not make it on behalf of Suhakam," commissioner Dr Chiam Heng Keng said.

She said this in response to a formal complaint lodged this afternoon by DAP national chairperson Lim Kit Siang, in protest of Harun's "spurious argument" to link the 1969 racial riots with the subsequent police decision to ban public rallies.

In the Utusan Malaysia report, Harun was quoted as saying: "Even in 1969 (when public rallies were allowed), there were killings. We don't want history to repeat itself."

Lim said Harun's statement is not just factually wrong, but also goes against Suhakam's August 2001 Report on Freedom of Assembly.

This declares that freedom of assembly is "the right of every individual in a democratic country" and that it "does not disrupt peace and stability".

Chiam reiterated that the commission's stand on public rallies remains the same as in that report.

Speaking to reporters later, he said Harun should have made it clear that he was speaking in a personal capacity when he made the statement.

"It is unfortunate that (Harun) has taken a position to the contrary. Maybe he has forgotten his own report," said Lim.

Mistake repeated

However, Lim noted that Harun was not alone in wrongly suggesting that public rallies were the cause of the May 13 riots.

According to him, many political leaders and media commentators have also drawn from the same "distorted history", including New Straits Times, The Star, Berita Harian and Utusan Malaysia .

"Despite DAP pointing out this error several times in the past week, such a canard has still been perpetrated by The Star 's 'comment' column today," he pointed out.

The ban over public rallies only came into effect in June 1978, and not in the aftermath of May 13, 1969.

The veteran politician said the ban was imposed due to expectations that guerilla attacks against the police would increase, following the assassination of the Inspector-General of Police Abdul Rahman Hashim and a number of former Special Branch Chinese officers.

"When public rallies were banned, it was not because they posed a security threat to the country, but because of the impending 30th anniversary of the Malayan Communist Party's armed struggle," said Lim.

"Political leaders hostile to human rights oppose (any change towards) greater democratisation and human rights, under the 'security first' pretext. The latest examples are Wanita Umno chief Rafidah Aziz, MCA president Ong Ka Ting and Deputy Home Minister Chor Chee Heung."

Two weeks ago, Election Commission chief Abdul Rashid Abdul Rahman announced the decision to allow public rallies during the election campaign period.

Since then, numerous political leaders, including Prime Minister Dr Mahathir Mohamad, have voiced their opposition to the change.

'Make a stand'

Lim said Suhakam should make its own stand clear, in view of the findings of its report on public rallies.

"Suhakam should end its wishy-washy stand by reaffirming its own report and calling for the 25-year-old ban to be lifted," he said.

"(This is) so that public rallies can be held now - just like Barisan Nasional 's (BN) '50 years of power sharing' public rally in Stadium Merdeka last Saturday," he added, taking a dig at the ruling coalition's apparent double-standards.

Since many references have been made to the May 13 riots in recent days, Lim further suggested that Suhakam conducts an inquiry into the causes of the racial riots in order to end exploitation of the incident during each general election.

He said Suhakam should recommend that no reference be made to May 13 during the election run-up, either by political candidates or the media.

"Over the past three decades, BN leaders have threatened voters at every general election that there could be (a repeat of) May 13 and racial riots if they did not return BN with a strong two-thirds majority," he said.

"After 34 years, it is time to exorcise the spectre of May 13 to ensure it does not continue to be abused to stifle the fundamental human rights of Malaysians to vote freely without coercion or fear."

He also called on Suhakam to stop being a mere bystander in the next elections.

"Suhakam should set up a task force and conduct consultations with all political parties, NGOs and concerned Malaysians to formulate a plan of action to promote human rights during the 11 th general election," he added.

"The role of ensuring freedom of speech, expression, assembly, media and the just rule of law falls squarely on Suhakam."