Wednesday, May 23 2012
Much ado about free speech
Thursday, 04 February 2010 13:11

By Himanshu Bhatt.

SOON after the political tsunami of March 2008, when opposition parties which had for long clamoured for democracy and liberty of expression wrested control of the Penang government, a quaint new development had begun to take place for free speech on the island.

Non-governmental organisations (NGOs), civil society groups and political parties found a corner in George Town where they could converge to hold candlelight vigils and minor rallies. It began on a small scale, with groups gathering on some evenings to express views or exhibiting solidarity on issues. But the venue gradually evolved, apparently growing in importance, with more and more people showing up when informed mainly by SMS and though emails.

The area, on a paved compound before the Dewan Seri Pinang, the state’s grand public hall, seemed apt enough. For not only did it lie in front of a main traffic artery that led to George Town’s commercial heritage inner city area; it also faced, from across the street, an ornate and imposing 200-year-old colonial complex that housed the courts, a veritable icon of righteousness and justice.

It was in this "candlelight square" that some of the liveliest public expressions of free speech to be seen for decades on the island were held from time to time. No doubt the mood was precipitated and bolstered by the change of government, with none other than the DAP, the party that had for years
battled for freedom of expression, at the helm, and with PKR and PAS, both of which had espoused "reformasi", or reformation in the country.

So it came with a bit of a surprise when people noticed last month that the square had been fenced off. The human rights NGO, Suaram, protested, questioning the move to seal off the public space. Ironically, state executive councillors who were questioned about the matter by the press were also puzzled; apparently the decision had been made by someone in the state secretariat’s office which administers the Dewan Seri Pinang.

State executive councillor Chow Kon Yeow, who is also Penang DAP chairman, queried the matter and was told that the compound had been renovated and the fencing was put up to protect ornamental plants. Chow reacted by making a surprise announcement that the state was willing to designate a special site, such as the field at the Esplanade in George Town, as a formal venue for candlelight vigils, open forums and demonstrations.

It would, in effect, become a formal "Speaker’s Corner," for use by NGOs and activists. If implemented, Penang would become the first state government to provide a public space for such a purpose.

Most NGOs welcomed the idea, but with caution. Although a venue provided by officialdom was appreciated, the last thing the forum needed was for it to be regulated and subjected to conditions, as has been observed in the Speakers’ Corner in Singapore.

But the move would be a positive note for many who have called for peaceful democratic expressions to be allowed in the country. As it is, the Pakatan Rakyat administration’s early announcement that it was devising a landmark "Freedom of Information" policy had already been hit by a setback.

Soon after it came into power, the administration had started to gather feedback in earnest from various quarters, including representatives of the press corps, on what would be expected from such a policy. The effort, however, seemed to have fizzled out after some time, and much later the state announced it was unable to pursue the matter due to legal complications.

It reasoned that the state legal adviser had said that such a move comes under the ambit of the federal government and it would be unconstitutional for Penang to go ahead with such a policy without federal backing. So the state said it would instead observe the outcome of the Selangor government’s move to table a similar bill some time this year, before implementing its own policy.

So, for many, the new Speakers’ Corner, if allowed to be implemented in a truly civil and liberal environment, would be a historic milestone in the pursuit of democratic expression in Malaysia. It would make for a reassuring stride, a powerful symbol, in the long-drawn struggle to make mature the country’s social and political institutions.

Certainly, it would at least come a long way from a notorious protracted era when freedom of speech has been viewed as something to be fenced off by the authorities.

** Reproduced with permission. This article first appeared in the February 4, 2010 issue of theSun. Himanshu is the newspaper's Penang bureau chief. The opinions expressed herein are those of the author and do not necessarily reflect those of iGeorgetown. 

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