Freedom of association is a right not privilege, Suhakam reminds ROS

UPSET with the Government’s decision to reject the application of two new political outfits, the Human Rights Commission of Malaysia (Suhakam) urged the former to review the Societies Act 1966, and make it compatible to the Federal Constitution’s guarantee to the right of association.

“In line with the Federal Constitution and the spirit of democracy, Suhakam calls upon the Government to review the Societies Act 1966 and we are ready to assist on this matter.

“In the interim, Suhakam hopes that the Registrar of Societies (ROS) carries out its functions and duties in a fair-minded and human rights compliant approach,” it said, in a statement.

Two days ago, the ROS rejected Muar MP Syed Saddiq Syed Abdul Rahman’s application to register his new political party, Malaysia United Democratic Alliance (Muda).

Similarly, the registrar had also rejected former Prime Minister Tun Dr Mahathir’s Mohamad’s move to register his newly-minted party, Parti Pejuang Tanah Air (Pejuang).

It was said that the ROS had not given any reason for its decision, triggering outcry from even Mahathir’s political rival, PKR president Datuk Seri Anwar Ibrahim.

“The rights of association are enshrined within the Federal Constitution and should not be used by the Government as a political tool to be abused.

“And the ROS is not a political tool for the Government to use and manipulate to suit their agenda.

“Transparency and accountability must be enforced so that all members in that department realise their responsibility, and that they will be called to account for their actions,” the Port Dickson MP was reported saying.

At present, the Home Minister holds the sole discretion on whether to approve or reject an application of a new society or political party.

Suhakam said that it had made several recommendations to the Government in the past on reforms to be made to the Societies Act.

Among the reforms proposed includes: the proportionate exercise of powers by the ROS, the review on the absolute discretion of the Minister to declare a society unlawful and the provision of a specific timeframe for the ROS’ decision on an application.

“We also proposed for the ROS to furnish reasons for declining an application or not responding to an application for registration of associations,” it said.

On that note, Suhakam proposed for the registration of societies, including political parties, to be administered by an independent entity instead of a Government department.

“This would further guarantee the impartiality and neutrality in the administration of matters relating to the registration of societies,” it opined. – Jan 9, 2021

Subscribe and get top news delivered to your Inbox everyday for FREE