The Bar Council said freedom of assembly is an essential right for a democracy and is thus backing three groups intending to rally on July 9. 

NONE Bar Council chairperson Lim Chee Wee ( right ) said freedom of assembly was also protected under Article 10 of the Federal Constitution and the authorities should take heed of this.

He said that Home Minister Hishammuddin Hussein should not be clamping down on the rallies, reminding him that his grandfather Onn Jaafar had also once taken to the streets in the name of democracy.

"It should be recalled that it was the United Malays National Organisation led by Onn Jaafar, the then-president of Umno, who is the grandfather of our present Home Minister, which led the public to the streets nationwide to protest the setting-up of the Malayan Union.

“Subsequent Umno leaders have also led street demonstrations, for example to call for independence and those in support of the Palestinians,” he said.

Lim emphasised that public rallies have therefore been very much part and parcel of our history, whether to protest injustices of the colonial administration or other injustices, such as those we are currently experiencing with the electoral system.

“Those who say the street protests are not part of our culture are clearly ignorant of our nation’s rich history,” he said.

Breaking international conventions

Lim said that the government to must respect the right for a clean and peaceful walk while participants must ensure that the assembly is peaceful and that there be no form s of provocation.

Lim explained that the a street demonstration was of different significance from a protest in a stadium or other fixed venue.

NONE “The purpose of a public demonstration is to invite public attention to a particular cause or concern. The right to advocate one's views and opinions in the public arena in a peaceful manner is foundation to human rights principle.

“This is a fundamental feature of democracy contained in the Universal Declaration of Human Right (UDHR)... Malaya in 1957 and Malaysia in 1963 embraced and accepted the UDHR when admitted to the UN.

“How can Malaysia ascribe to be in UN Human Rights Council when it does not allow peaceful demonstrations?” he asked.

Lim also points out that the Human Rights Commission (Suhakam) and Royal Commission Enhance the Operation and Management of the Royal Malaysian Police had recommended to the Agong in 2007 that that Section 27 of the Police Act 1967 – which stipulates the need for a police permit for public assemblies of three persons or more - be abolished.

Police have allowed rallies before

Moreover, he said that the police had demonstrated the ability to manage peaceful rallies professionally as seen in Walk and Rawk for Change on March 2011 in Kuala Lumpur and two protests in Kuantan against the Lynas rare earth refinery.

“In these three events the police allowed a public rally and demonstrations to take place, notwithstading that no police permit had been applied for.

“The police monitored the routes and managed traffic flows in order to allow those participating in these marches to walk and express their viewpoints in safety,” he said.

He said that since it has been demonstrated that such events can be held peacefully, it should be encouraged as it is a common feature in mature democracies.

On the part of the Bar Council, it would be dispatching a team of 15 lawyers to monitor the rallies planned for July 9 by Bersih 2.0, Umno Youth and Perkasa.

Additionally, a team of up to 50 lawyers would be on standby to provide legal assistance for the demonstrators.

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