WHAT'S WRONG WITH HOLDING A LAWFUL RALLY FOR UNITY ?


These days, Malaysian political leaders of all sides of the divide seem to be taking part in an undeclared contest which involves putting their various degrees of duplicity to the test.
The more duplicitous a political leader is, it would seem, the more he or she would have a chance of winning this contest.
How could this not be the case when weeks after the Bersih 4 illegal rally at Dataran Merdeka, Kuala Lumpur on August 29 and 30, another group of citizens planning to hold a rally at Padang Merbok are now challenged by none other than the leaders who backed the Bersih 4 rally in the first place?

News reports have indicated Penang Chief Minister Lim Guan Eng as stating that the rally was “racial” in nature, and his father, DAP veteran and Gelang Patah MP Lim Kit Siang said the rally would be the “straw that breaks the camel’s back for Malaysia”.
Former Umno minister and prominent lawyer Datuk Zaid Ibrahim even went as far as to dub the rally “infantile and childish” for Malays to hold which, in addition to being a slap in the face towards his own kin and kind, ignores the right of citizens to assemble pursuant to Article 10(1) of the Federal Constitution, with childishness or infant-like behaviour absent from the limitations on that right spelt out in Article 10(2) thereof. 
This is despite the clarification by the rally organisers, who according to the police are Persekutuan Silat Kebangsaan Malaysia (Pesaka) – led by former Malacca chief minister Tan Sri Mohd Ali Mohd Rustam – that the rally was not racial in nature but about national unity in line with September 16 being the day on which Malaysia was formed 52 years ago.
In spite of the sheer audacity the elder Lim has in declaring that the rally is “a provocation” to a multiracial and multi-religious Malaysia and would cause shame and infamy for the nation in the international arena – something Bersih 4 itself was rather adept at doing vide its Bersih Global network – I decided to give the two Lims and Zaid the benefit of the doubt and do some research as to what were the goals of this rally and determine for myself whether it is indeed racial as alleged.
Upon doing so, I found that the rally had eight objectives, among them to defend Islam as the religion of the federation, solidarity and social justice, Malay and Bumiputera rights and the establishment of a single stream education system using the national language as the medium of instruction.
All these demands are lawful and in line with the Federal Constitution and the social contract that binds all Malaysians, regardless of race or creed.
So I asked myself, why this needless fear? If Bersih 4, which claimed not to be racial in nature but was 85% to 90% attended by those of Chinese ethnicity can have a peaceful rally (although it was smeared with the incident of stamping the face of an Islamic leader for no particular reason and Gong Tau/Black Magic to specific individuals), why not one that is in all likelihood to be attended by mostly Malays although it too, is open to all races?
Clearly something is not right here and it has a name – hypocrisy.
Malaysian politicians of all sides of the divide delight in it to the chagrin of ordinary peace loving Malaysians such as myself.
I do not support rallies of any sort. Having grown up during Tun Dr Mahathir Mohamad’s tenure as prime minister, I yearn for the sort of peace which prevailed during that era when demonstrations of any sort were met with little or no tolerance, which is why his participation in Bersih 4 shocked and dismayed me, among others my age.
But I have been advised by those of my friends and acquaintances in the legal profession that our Federal Constitution specifically provides for a right to assemble peaceably, subject to the limitations contained in the same and the Peaceful Assembly Act 2012 enacted pursuant to those limitations.
These, I was told, were complied with by this rally’s organisers resulting in the rally being declared legal by the authorities.
One other thing pointed out by my legal acquaintances is the absence of any offer by the Bar Council to observe the rally and mitigate against any tendency by the authorities to disrupt its peaceful nature by documenting the same like it did with Bersih 4.
The president of the Malaysian Bar Steven Thiru has apparently not said a whisper about this. Why this deafening silence from the Bar?
Why no press release condemning the authorities and upholding the right to assemble guaranteed by the constitution for the rally participants?
Why no offer of legal aid and counsel for the rally participants?
The Bar Council and the Malaysian Bar are not far behind in the hypocrisy department it seems and I have been told that members of the Bar who speak out against this manifest double standards more often than not tend to be targeted by the powers that be in charge at the council.
For a body set up to pursue justice “without fear nor favour” under their own Legal Profession Act 1976 this is rich indeed.
I will not be attending the coming rally as I prefer to spend Malaysia Day with my close friends and family. But those who intend to should go ahead without any hesitation as a way of teaching these hypocritical politicians and lawyers a lesson. My wishes are with you all.
But to these politicians and others who oppose the rally – be forewarned. Your hypocrisy and double standard is out in the open and seen by almost all.
Be reminded that not all of us are your zombies so it would help if you stop making statements such as those mentioned above and respect our constitution.
If you really care about national unity, then that is how to ensure that our nation remains united. – September 14, 2015.
* Wan Frany Muhtaddin Masbak is a member of Young Professionals.