Suaram seeks repeal of restrictive assembly law

The Star

3 days ago

PETALING JAYA: Suara Rakyat Malaysia (Suaram) has emphasised the need for amendments to the Peaceful Assembly Act (PAA) 2012, highlighting the importance of recognising gatherings as a constitutional right, not just a privilege.
Suaram executive director Azura Nasron said while amendments to Section 11 of the PAA are crucial, it was equally important to repeal Section 9(5) of the same law.
'Sections 9(5) and 11 have long operated in tandem to entrench an authorisation-centric culture, where peaceful assemblies are treated as privileges subject to approval rather than inalienable constitutional rights.
'Amending one without repealing the other leaves the underlying legal framework fundamentally flawed and impairs the development of a culture grounded in the presumption that peaceful assemblies are lawful,' said Azura in a statement on Thursday (July 2).
She said that under international norms, restrictions on peaceful gatherings must be the exception.
'The continued existence of Section 9(5) undermines this principle and obstructs the full realisation of the right to assemble under Article 10(1)(b) of the Federal Constitution,' she added.
Article 10(1)(a) of the Federal Constitution guarantees every Malaysian citizen the right to freedom of speech and expression.
Azura also criticised a recent remark by Home Minister Datuk Seri Saifuddin Nasution who said that close to 99% of assemblies in 2023 and 2024 proceeded without restrictions.
'Assemblies critical of government-linked corruption or human rights violations remain more vulnerable to surveillance, investigation, and administrative obstruction.
'These figures do not reflect the chilling effect of selective enforcement, nor do they counteract the entrenched perception - enabled by laws like Section 9(5) - that peaceful assembly is conditional on state approval,' said Azura.
Section 9(5) of the PAA provides a criminal penalty on organisers of public gatherings who failed to give police at least five days' notice before holding an assembly.
Section 11 in the PAA provides that an organiser of an assembly, other than a religious assembly or funeral procession, must obtain the consent of the owner of the place of the assembly.
On Tuesday (July 1), the Federal Court's five-member bench ruled that a provision under Section 9(5) of the Peaceful Assembly Act 2012, which penalised an organiser who failed to provide the police with a five-day prior notice before holding an assembly, is unconstitutional.
Saifuddin said the Home Ministry will table amendments to Section 11 of the PAA in the upcoming parliamentary sitting that begins this month.
He also said Prime Minister Datuk Seri Anwar Ibrahim implemented a moratorium on legal proceedings under Section 9(5) of the PAA as part of the government's broader agenda to reform the law.
Commenting further, Azura asked Putrajaya to clarify the status of the moratorium, as it remains unclear whether this is a new policy shift.
'A moratorium on Section 9(5) must be explicitly announced and enforced—covering all ongoing investigations and prosecutions—until formal legislative repeal is completed,' she said.
Azura also urged the government to consult civil society before the next parliamentary sitting on the proposed PAA amendments to ensure they reflect current realities and international human rights standards.
'Review and amend other provisions of the PAA that are incompatible with international standards - including Section 4(d), which unjustifiably prohibits individuals below 21 years old from organising assemblies,' she added.
The next Parliamentary sitting will sit from July 21 till Aug 28.