Rally will proceed – Bersih Sabah

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KOTA KINABALU: Bersih Sabah will go ahead with its rally on August 29 and 30 although the police and Kota Kinabalu City Hall (DBKK) have rejected its request to use Tanjung Lipat for the peaceful gathering.

Its chairperson, Jannie Lasimbang, said the Pesta Demokrasi Bersih 4 KK would definitely proceed despite “unconstitutional use of intimidation by the authorities”.

“Bersih Sabah will not allow the rights of Sabahans to be trampled down and this only serves to invigorate our spirit to exercise our constitutional rights to assemble and urge the general public not to be intimidated by the authorities,” said Lasimbang yesterday.

Bersih Sabah decries the statement by Sabah Police Commissioner Datuk Jalaluddin Abd Rahman that the rally would not be allowed citing that it did not have the permission to use the area from DBKK.

Lasimbang said that by doing so, the police have not only again interfered with the lawful right to assemble peacefully but have also breached their own promise made on August 21 to allow the organisers five days to discuss this with City Hall.

She pointed out that the Human Rights Commission of Malaysia (Suhakam) has affirmed that the burden is on the authorities to provide “convincing and compelling” reasons to justify interferences to the right to assemble as provided under the Peaceful Assembly Act, in relation to Bersih 4. To not allow Bersih 4 because DBKK has not given a reply does not justify disallowing the event.

Suhakam chairman Tan Sri Hasmy Agam said the concept of illegal assembly no longer existed in the law, which meant the Bersih 4 rally could not be banned (or disallowed) and that an assembly is to be considered peaceful if its organisers have clarified that its intentions are peaceful and have duly conveyed this to the authorities.

Suhakam also reiterated that any restriction must be lawful, and in pursuit of a legitimate aim such as in the interest of the security of the country or public order or the protection of the rights and freedoms of others, she said.

“We deplore the attempt by the Sabah Police Commissioner to threaten people with arrest under the Peaceful Assembly Act 2012 and also legal action under Section 124 of the Penal Code for undermining parliamentary democracy,” added Lasimbang.

Yesterday afternoon, Bersih Sabah received DBKK’s response to its request to hold the gathering at Tanjung Lipat.

Mayor Datuk Abidin Madingkir turned down the request to use Tanjung Lipat for the rally on three grounds; 1. that the Taman Awam Teluk Likas only allows recreational programme; 2. that DBKK does not want disturbance of peace and quality time of park visitors; and 3. the activities will cause traffic congestion.

“Bersih Sabah views these as pathetic reasons to disallow use of the park. Since DBKK has never requested for the programme from the organisers, we find it strange that the variety of festival-like programmes planned by the organisers can be deemed unsuitable and will disturb park visitors.

“In any case, we ourselves are the park visitors so how can that disturb our peace? The park is a large area and the organisers have already planned to only use one section of Taman Awam Teluk Likas. The third reason is not under DBKK’s purview and that the Kota Kinabalu OCPD has already assured the organisers that they recognise facilitating traffic is their responsibility,” said Lasimbang.

Bersih Sabah had applied for Padang Merdeka as a venue for the Himpunan May Day and DBKK also denied use of it citing that Padang Merdeka was for official government use only.

“As a compromise, Bersih Sabah only requested for the toilets and power source at Tanjung Lipat to be made available for the use and enjoyment of the public. Now, it seems Bersih Sabah is not considered as public and is prohibited from enjoying their constitutional rights to gather as enshrined under Article 10 of the Federal Constitution of Malaysia.

“Therefore, Bersih Sabah would like to know if the authorities even understand what is a constitutional right or are these merely words which do not afford such constitutional protection?” said Lasimbang who urged the public to exercise their rights as peace loving Malaysians for the betterment of Malaysia and our future generation.