Specific public areas should be identified by the authorities for the holding of peaceful assemblies, said the Human Rights Commission (Suhakam) in its first annual report presented in Parliament today.

"These should include locations and public spaces in major urban centres, including Kuala Lumpur," it added.

It also recommended a standardised procedure for organisers of such public rallies to follow.

As for applications for permits to hold indoor assemblies such as stadiums, halls and private properties, Suhakam said that the police should approve such permits as a general rule.

However, Suhakam's interim recommendations on freedom of assembly failed to made any recommendations to oppose stringent provisions in the Police Act which leaves this right entirely to the discretion of the authorities, which are sometimes arbitrary.

"Within the last few years, Malaysians across the board of political affiliations have asserted themselves in exercising the right to peaceful assembly. Most of them were allowed to enjoy this right but the more high profile, politically controversial attempts have met with failure for approval by the authorities," lamented Suhakam, in its report.

"In a number of cases, the assemblies are held even without permits. Force had to be used to disperse these attempted assemblies, inevitably resulting in unnecessary violence," the report added.

However, Suhakam reiterated its stand that peaceful assemblies should be allowed, but called for them to be orderly which it said can only be achieved by mutually acceptable procedures.

The report said Sukaham's law reform working group was still in the process of studying laws and regulations in other countries on how public assemblies are regulated.

"Its final report will recommend amendments to the laws, and a full code of procedure and conduct to facilitate a more reasonable and consistent approach to the regulating of public gatherings to enable citizens to exercise their right to peaceful assembly," the report said.

Static assemblies

While awaiting its final report on freedom of assembly, Suhakam's 'urgent' interim recommendations for the government are:

- That applications for permits to hold static assemblies (as opposed to processions) in premises such as stadiums, halls and private properties be approved as a general rule, without restrictions on freedom of expression. The organisers are to ensure that no disturbance to public order occurs.

- That other specific outdoor areas, compounds, spaces be determined by the authorities for the holding of peaceful assemblies. These should include locations and public spaces in major urban centres, including Kuala Lumpur.

- That the procedure for applying for permits be simplified by using a standard form to be issued to organisers to fill in the following details such as names of sponsoring organisations, names of at least three organisers, identify card numbers and addresses, location where assembly will be held, date of assembly, purpose of assembly, estimated starting and ending times and estimate of crowd expected.

On rights of remand prisoners, another priority area identified, Suhakam reported it is continuing its research on remand prisoners.

Testimonies from detainees and concerns of Bar Council Legal Aid Centre lawyers who are representing them have been recorded, said Suhakam.

It added that the commissioners have also visited prisons in Sungai Buloh and Kota Kinabalu and detention centres for illegal immigrants to inspect conditions of people in detention.

However, Suhakam is silent on the fact that it needed to obtain permission from the authorities prior to their inspection and visitations, which puts a restriction on the commission's independence to carry out certain duties.

'Under review'

Suhakam has also identified areas which restrict the liberty of a person's freedom of speech, expression and association but no recommendations has been made to repeal 'oppressive' laws restricting such rights.

Over the past year, several memorandums calling for the repeal of 'draconian' laws by various non-governmental organisations have been submitted to Suhakam but there has been no commitment on when or how these laws are to be dealt with.

Some of the laws identified by Suhakam as affecting the right to liberty (Article 5 of the Federal Constitution) are the:

- Internal Security Act 1960 (Revised 1972), Act 62

- Prevention of Crime Act 1959 (Revised 1983), Act 297

- Emergency (Public Order and Prevention of Crime) Ordinance 1969

- Essential (Security Cases) Regulations 1975 made under section 2 of the Emergency (Essential Powers) Act 1979, Act 216 and the

- Dangerous Drugs (Special Preventive Measures) Act 1985, Act 316.

Some of the laws that have been identified as affecting the freedom of speech and expression (Article 10 (1)(a) of the Federal Constitution) are the:

- Internal Security Act 1960 (Revised 1972), Act 62

- Sedition Act 1948 (Revised 1969), Act 15

- Printing Presses and Publications Act 1984, Act 301

- Officials Secrets Act 1972, Act 88

- University and University Colleges Act 1971, Act 30 and Discipline of Staff Rules.

Some of the laws that have been identified as affecting the freedom of association (Article 10 (1)(c) of the Federal Constitution) are:

- The Societies Act 1966 (Revised 1987), Act 335

- Trade Unions Act 1959 (Revised 1981), Act 262

- University and University Colleges Act 1971, Act 30.

Public debate

Other issues which Suhakam is reviewing is the right to equality and the legislative process which should respectively support gender neutral laws and consultation with public interest groups prior to legislation.

In rights to equality, recommendations are made to include gender as a prohibited ground for discrimination in Article 8(2) of the Federal Constitution.

"(That) the Constitutional amendment also defines discrimination in terms of Article 1 of the Cedaw (Convention on the Elimination of all forms of Discrimination Against Women) which recognises that any action which has the effect (not just the intention) of discriminating on the basis of sex constitutes an act of discrimination," the report said.

"For example, even though a law is not purposely intended to discriminate, if the effect of its implementation denies equality between men and women, then that law has discriminated against women," the report added.

In the legislative process, Suhakam recommended that Bills should be referred to a select committee of parliament and state assemblies after the first reading.

"This will provide experts, public interest groups and other concerned individuals with the opportunity to give their views and inputs into Bills that will have a direct impact on their lives," Suhakam said in the report.

There were also recommendations to cease the common practise of declaring draft legislation as an 'official secret' before it is tabled in the legislative bodies.

"Major legislation should be drafted in consultation with public interest groups and with the benefit of a well-informed public debate," the report added.

Universal declaration

The report also touched on limitations of the Suhakam Act 1999 (Act 597) which have been aired by several NGOs and political parties.

"Suhakam will make recommendations regarding the Act only after it has had time to carry out its functions, during which time the limitations and weaknesses of the Act and consequently the changes needed to overcome them will become more apparent," the report said on this matter.

In line with Section 4(4) of the Suhakam Act, where there is a mandatory duty to have regard to the Universal Declaration of Human Rights, Suhakam recommended that Malaysia ratifies the:

- International Convenant on Civil and Political Rights

- International Convenant on Economic, Social and Cultural Rights

- Convention Against Torture.

Apart from urging the government to ratify the above human rights instruments, Suhakam has also recommended that the Malaysian judiciary be more responsive in interpreting the definition of 'human rights' in the Federal Constitution.

"If human rights are indivisible and universal, then they are an inherent and integral part of the common law of Malaysia and should be enforced accordingly," said the report.