Latest news with #PeacefulAssembly
Free Malaysia Today
02-07-2025
- Politics
- Free Malaysia Today
Suaram urges govt to clarify moratorium on Peaceful Assembly Act
Suaram executive director Azura Nasron said Sections 9(5) and 11 of the PAA 2012 had long operated to entrench an authorisation-centric culture where peaceful assemblies were treated as privileges subject to approval. PETALING JAYA : An NGO has called on the government to clarify the nature of its moratorium on legal proceedings under Section 9(5) of the Peaceful Assembly Act (PAA) 2012, warning that ambiguity on the matter could undermine ongoing reform efforts. Suara Rakyat Malaysia (Suaram) executive director Azura Nasron said home minister Saifuddin Nasution Ismail's remarks yesterday on the moratorium requires clarification. 'It remains unclear whether this is a new policy shift or a misstatement of the Cabinet decision that focussed only on Section 11,' she said in a statement. On Feb 13, Saifuddin said the government would place a moratorium on Section 11 of the PAA, which mandates that organisers seek the consent of venue owners or occupants before holding an assembly at a particular venue. He said this was in view of the government's plan to amend the section. 'This means no action will be taken on the organisers of any assembly until the amendments are approved (by the Dewan Rakyat),' he said. Saifuddin said yesterday an amendment to Section 11 would be tabled in the next Parliament meeting. He said his ministry would also examine the Federal Court's ruling that Section 9(5), which criminalises failure to notify the police five days in advance of holding a peaceful assembly, was unconstitutional. He said Prime Minister Anwar Ibrahim had also enforced a moratorium on any legal proceedings under Section 9(5) of the PAA as part of his agenda to reform the law. Azura said the moratorium must be explicitly announced and fully enforced on all ongoing investigations and prosecutions, until legislative repeal was completed. 'The government must not miss this critical opportunity to deliver the 'comprehensive reform of laws related to the right to assemble' it has pledged to implement,' she said. She also called on the government to repeal Section 9(5), consult civil society on the amendment, and review other restrictive provisions such as the age limit under Section 4(d) prohibiting those below 21 years old from organising assemblies. 'While the move to amend Section 11 of the PAA is necessary, it must not distract from the urgent need to repeal Section 9(5) in full. '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,' she said.
Free Malaysia Today
02-07-2025
- Politics
- Free Malaysia Today
Home ministry to table peaceful assembly amendment in next Dewan sitting
Home minister Saifuddin Nasution Ismail said Malaysians had become more mature in peacefully and responsibly exercising their right to assemble. PETALING JAYA : The home ministry will table an amendment to Section 11 of the Peaceful Assembly Act (PAA) 2012 in the next Parliament sitting, says minister Saifuddin Nasution Ismail. Section 11 of the PAA requires organisers of assemblies to obtain the consent of the location's owner or occupier. 'The government will always uphold the democratic principles and the constitutional rights of the people by ensuring they are able to assemble peacefully,' he said. In a statement today, Saifuddin said his ministry would also examine the Federal Court's ruling today that deemed it unconstitutional to criminalise the failure to notify the police five days in advance of holding a peaceful assembly. Chief Justice Tengku Maimun Tuan Mat said Section 9(5) of the PAA was 'a disproportionate intervention' and amounted to a prohibition rather than a restriction of that right. Saifuddin said his ministry would consider proposals to amend the provision so that it would be in line with the constitution. He also noted that over 10,000 rallies had been held since 2023 with no restrictions placed on 98% of them. He said this number rose to 99% out of 7,000 rallies in 2024, showing Malaysians' maturity in peacefully and responsibly exercising their right to assemble. Saifuddin went on to say that Prime Minister Anwar Ibrahim had enforced a moratorium on any legal proceedings under Section 9(5) of the PAA as part of his agenda to reform the law. The section imposes a punishment that exceeds the limits permitted under Article 10(1)(b) of the Federal Constitution, which guarantees the freedom of speech, assembly, and association.
Malay Mail
02-07-2025
- Politics
- Malay Mail
Home minister: Peaceful Assembly Act amendments will be tabled this month, to be consistent with Constitution, Federal Court decision
KUALA LUMPUR, July 2 — The Home Ministry (KDN) will table amendments to Section 11 of the Peaceful Assembly Act 2012 (Act 736) in the upcoming parliamentary sitting this month, said Minister Datuk Seri Saifuddin Nasution Ismail. In a statement, Saifuddin Nasution said the Madani Government remains committed to upholding democratic principles and the supremacy of the Constitution by protecting the people's right to peaceful assembly. He said that Prime Minister Datuk Seri Anwar Ibrahim, as the key driver of the Madani Government's reform agenda, takes the issue of freedom of assembly seriously, announcing the Cabinet decision to impose a moratorium on prosecutions under Section 9(5) of the Peaceful Assembly Act 2012 as an initial step towards comprehensive reform of laws related to the right to assemble. On the Federal Court's ruling that a provision under Section 9(5) of the Peaceful Assembly Act 2012 is unconstitutional, Saifuddin Nasution said the ministry acknowledges the decision and will scrutinise it for appropriate action. He said this includes considering proposed amendments to the affected legal provisions to ensure they are in line with the Federal Constitution and consistent with the country's highest court's decisions. 'The Madani Government will continue to ensure a balance between individual freedom and the need to maintain public order and security. It is a priority of the Madani Government to ensure that every right guaranteed by the Constitution is exercised in a peaceful, orderly and responsible manner,' he added. Earlier, 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. Chief Justice Tun Tengku Maimun Tuan Mat, who chaired the panel, stated that it is inconsistent with Article 10(2)(b) read in conjunction with Article 8(1) of the Federal Constitution (equality before the law). — Bernama
Yahoo
01-07-2025
- Politics
- Yahoo
Suaram urges Putrajaya, police to embrace Federal Court ruling on Peaceful Assembly Act
KUALA LUMPUR, July 1— The Federal Court's decision to strike down a controversial section of the Peaceful Assembly Act offers the Malaysian government a critical chance to reaffirm its democratic commitments, said rights group Suaram today. The apex court ruled that Section 9(5), which penalised organisers for failing to give prior notice of assemblies, violates constitutional protections under Article 10(1)(b). Suaram said the ruling challenges years of repressive enforcement and state overreach that treated peaceful protests as criminal acts. It noted that the clause had been used as a political tool, with cases like Fadhil Kasim's highlighting how it was deployed to stifle dissent. The group said the court's decision obliges the state to actively support, rather than obstruct, citizens exercising their right to protest. 'To this end, we call on the government to honour this landmark decision by immediately imposing a moratorium on the use of Section 9(5) and ensuring its full repeal in the upcoming PAA amendments slated for October this year,' it said in a statement. It further urged Parliament to take this opportunity to strengthen participatory democracy by embedding protections for urgent and spontaneous assemblies into law. The group also pushed for the police to incorporate new, rights-based protocols into their training programmes, as previously agreed with Suhakam. Suaram reminded authorities that Malaysia had accepted international recommendations to improve assembly rights during its last Universal Periodic Review. This morning, a five-judge panel at the Federal Court unanimously ruled the provision requiring five days' notice to the police prior to public rallies to be unconstitutional.
Malay Mail
01-07-2025
- Politics
- Malay Mail
Suaram urges Putrajaya, police to embrace Federal Court ruling on Peaceful Assembly Act
KUALA LUMPUR, July 1— The Federal Court's decision to strike down a controversial section of the Peaceful Assembly Act offers the Malaysian government a critical chance to reaffirm its democratic commitments, said rights group Suaram today. The apex court ruled that Section 9(5), which penalised organisers for failing to give prior notice of assemblies, violates constitutional protections under Article 10(1)(b). Suaram said the ruling challenges years of repressive enforcement and state overreach that treated peaceful protests as criminal acts. It noted that the clause had been used as a political tool, with cases like Fadhil Kasim's highlighting how it was deployed to stifle dissent. The group said the court's decision obliges the state to actively support, rather than obstruct, citizens exercising their right to protest. 'To this end, we call on the government to honour this landmark decision by immediately imposing a moratorium on the use of Section 9(5) and ensuring its full repeal in the upcoming PAA amendments slated for October this year,' it said in a statement. It further urged Parliament to take this opportunity to strengthen participatory democracy by embedding protections for urgent and spontaneous assemblies into law. The group also pushed for the police to incorporate new, rights-based protocols into their training programmes, as previously agreed with Suhakam. Suaram reminded authorities that Malaysia had accepted international recommendations to improve assembly rights during its last Universal Periodic Review. This morning, a five-judge panel at the Federal Court unanimously ruled the provision requiring five days' notice to the police prior to public rallies to be unconstitutional.
