Latest news with #peacefulassembly
Free Malaysia Today
8 hours ago
- Politics
- Free Malaysia Today
AGC wrong on legality of civil servants rally ban, says LFL
LFL director Zaid Malek said the right to freedom of expression and peaceful assembly cannot be extinguished by regulations, general orders, letters of undertaking or circulars. PETALING JAYA : Rights group Lawyers for Liberty (LFL) has fired back at the Attorney-General's Chambers (AGC) for saying there is legal basis to a government directive prohibiting civil servants from taking part in the upcoming 'Turun Anwar' rally. LFL director Zaid Malek said it was unacceptable for the AGC to issue a statement that was 'blatantly' contrary to the Federal Constitution and mislead the public on the application of Articles 10(1)(a) and (b) of the constitution. 'These provisions guarantee freedom of expression and the right to peacefully assemble, and they cannot be extinguished by mere regulations, general orders, letters of undertaking or circulars,' he said in a statement. Zaid acknowledged that Articles 10(2)(a) and 10(2)(b) allowed certain restrictions within specified categories and by way of laws passed by Parliament. However, he said the Public Officers (Appointment, Promotion, and Termination of Service) Regulations 2012 and other documents relied on by the AGC did not fall within the permitted restrictions, nor were they laws passed by Parliament. 'These regulations have no legal authority to restrict public servants' right to free speech and peaceful assembly,' Zaid added. Yesterday, the AGC said the rights under Articles 10(1)(a) and 10(1)(b) were not absolute. According to the AGC, civil servants are bound by letters of undertaking pursuant to Regulation 20(3) of the Public Officers (Appointment, Promotion and Termination of Service) Regulations. It said the undertakings include complying with all regulations, including the Public Officers (Conduct and Discipline) Regulations 1993, general orders, circulars, and directives issued by the government from time to time. Both sets of regulations state that civil servants must not behave in any manner that could tarnish or bring disrepute to the civil service or make public statements that could embarrass or tarnish the reputation of the government. Zaid accused the AGC of painting a false picture that the chief secretary could limit fundamental rights by way of regulations. 'It's unlawful for him to do so. Has the attorney-general forgotten that the constitution is the supreme law of the land pursuant to Article 4(1), and that it cannot be defeated by any government regulations or ancillary directives?' he said. He also said it was not the job of the AGC to issue press statements defending the interests of the ruling government, whom the rally is targeting. On Sunday, Chief Secretary Shamsul Azri Abu Bakar said it was inappropriate for civil servants to take part in the rally 'because the action is not in accordance with the principle of loyalty to king and country as espoused by the Rukun Negara'.
Zawya
6 days ago
- Politics
- Zawya
Angola: Authorities must respect and ensure the right to freedom of peaceful assembly
Angolan authorities must respect and ensure the right of peaceful assembly and guarantee that nationwide protests planned for 19 and 26 July against high cost of living, are facilitated and protected, said Amnesty International. The organization has documented how members of the Rapid Intervention Police and the Service for Criminal Investigation repressed similar protests held in Luanda, on 12 July where at least two people were critically injured, and 17 others were arrested. 'Police must refrain from violating the right to freedom of peaceful assembly, including through the use of unnecessary and excessive force against protestors as witnessed in past protests, including on 12 July, where some of the protesters were arbitrarily arrested and others injured following unlawful use of force by the police,' said Vongai Chikwanda, Amnesty International's Deputy Regional Director for Campaigns in East and Southern Africa. 'Angolan authorities must immediately open independent, thorough and impartial investigation into the allegations of human rights violations committed by members of the Angola Police and to bring the perpetrators to account in a fair trial'. 'Authorities must refrain from harassing and intimidating those who exercise their right of peaceful assembly'. Background Members from civil society organizations, such as Movement Fúria 99, from the Union for Total Independence of Angola (UNITA) and from the Angola Students Movement called for a two-day protest on 12 and 19 July 2025, following high fuel and transportation costs. On 12 July, thousands of people joined the protest, which was planned to start at the São Paulo Square and to end at the Maianga Square, in front of the National Assembly, in Luanda. The protest was impeded by the Police. Distributed by APO Group on behalf of Amnesty International.
Free Malaysia Today
6 days ago
- Politics
- Free Malaysia Today
Spontaneous assemblies part and parcel of democratic life, Saifuddin told
Suaram executive director Azura Nasron said the absence of criminal penalties for non-notification did not eliminate the possibility of prior notice altogether. PETALING JAYA : A civil rights NGO has accused home minister Saifuddin Nasution Ismail of overstating the impact of spontaneously organised peaceful assemblies on police operations, noting that such gatherings are 'part and parcel of democratic life'. Suara Rakyat Malaysia (Suaram) executive director Azura Nasron said it was of great concern that Saifuddin believes the Federal Court decision to strike down Section 9(5) of the Peaceful Assembly Act (PAA) 2012 had weakened police capacity to manage assemblies. 'The constitutional right to assemble cannot – and should not – be made contingent on police convenience. 'Saifuddin's claim misconstrues the court's decision and overstates the operational impact. Police forces are expected to plan adaptively, respond proportionately, and rely on discretion and intelligence – not blanket deployments,' she said in a statement today. On July 1, the apex court struck down the PAA provision criminalising the failure to give police 10 days' notice before holding an assembly, saying it contravened the constitutional right to peaceful assembly. Yesterday, Saifuddin said while the government respected and would uphold the court's decision, the ruling limited the ability of the police to plan and ensure the smooth running of assemblies. He said prior notice helps the police plan effectively, including knowing the time, location, estimated crowd size and number of personnel required. 'This isn't about restricting anyone's rights. It's about facilitating assemblies. Without advance notice, the police are forced to mobilise all available resources just to prepare for unknown scenarios,' he said. However, Azura rejected Saifuddin's defence of legally required prior notice, saying the 'absence of criminal penalties for non-notification does not eliminate the possibility of prior notice altogether'. 'Suggesting otherwise implies a false choice between facilitation and chaos, and undermines public confidence in the police's ability to facilitate assemblies efficiently while upholding constitutional freedoms,' she said. Azura also panned Saifuddin's statement that organisers were still required to obtain permission from venue owners under Section 11 of the PAA, saying it contradicted Prime Minister Anwar Ibrahim's announcement in February of a moratorium related to the section. 'The government must urgently clarify its position on the enforcement of Section 11, as continued ambiguity risks misleading organisers and deterring legitimate assemblies,' she said.
Yahoo
03-07-2025
- Politics
- Yahoo
Outgoing CJ Tengku Maimun's ruling on right to peaceful assembly a ‘fitting farewell gift', says former Malaysian Bar president
Former Malaysian Bar president Salim Bashir Bhaskaran has praised outgoing Chief Justice Tengku Maimun Tuan Mat (main image) for yesterday's landmark Federal Court ruling that redefined the constitutional right to peaceful assembly. Salim expressed his gratitude for Tengku Maimun's leadership in delivering a judgment he described as 'a farewell gift'. Tengku Maimun retires today as Malaysia's 16th Chief Justice. She was the first woman to helm the judiciary, having been appointed in 2019. Salim was referring to the unanimous judgment delivered by a five-member panel of the Federal Court, which struck down Section 9(5) of the Peaceful Assembly Act (PAA) 2012, deeming it unconstitutional. The provision had previously criminalised the failure of organisers to notify the police at least five days before holding a peaceful assembly. The apex court ruled that such a penalty exceeded the limits permitted under Article 10(1)(b) of the Federal Constitution, which guarantees Malaysians the fundamental right to freedom of speech, assembly and association. 'According to Section 9(1) of the Peaceful Assembly Act, organisers are required to inform the police about the proposed assembly by giving notice within a specified time limit,' said Salim. 'In its groundbreaking and progressive judgment, the Federal Court took cognisance of citizens' constitutional rights by striking down the provision in the Act that penalised organisers for failing to give prior notice for peaceful assembly. 'The exigencies of the notice requirements from organisers and permissions from authorities have created a chilling effect, which the Federal Court characterised as more 'prohibitory' in nature than as 'restrictions' under Article 10(2)(b) of the Constitution.' Salim said that with this judgment, the Federal Court acknowledged the noble intentions behind the creation of the Peaceful Assembly Act by Parliament, in line with constitutional rights to peaceful assembly. 'The apex court emphasised that laws passed by Parliament must be fair and proportionate to the objectives of the restrictions, to prevent any unnecessary actions that could suppress the law's worthy objectives and good intentions,' said Salim. He added that the government should take heed of the decision and place a moratorium on any enforcement of the notice requirements under the Peaceful Assembly Act until the impugned provision is repealed by Parliament. 'The decision has effectively ended the conflicting views previously raised by the Court of Appeal regarding the notice requirements under the Peaceful Assembly Act.' The Federal Court ruling arose from a constitutional challenge by former Muda secretary-general Amir Hariri Abd Hadi, who was charged in 2022 with failing to give the police five days' notice before organising a protest calling for the ministers responsible for the failure of the littoral combat ship project to be sacked or brought to justice. The High Court later referred the question to the Federal Court. Tengku Maimun also directed that Amir's ongoing criminal proceedings be remitted to the High Court and disposed of in line with the apex court's judgment.
Malay Mail
01-07-2025
- Politics
- Malay Mail
Failure to tell police five days before peaceful rally no longer a crime in Malaysia, Federal Court rules
PUTRAJAYA, July 1 — The Federal Court today decided that a legal provision which makes it illegal for an organiser to not inform police five days before a peaceful rally — the Peaceful Assembly Act 2012's Section 9(5) — is unconstitutional and is no longer a valid law in Malaysia. The Federal Court's five-judge panel unanimously decided to strike down Section 9(5). This means that it is now no longer a crime in Malaysia if an organiser fails to give a five-day advance notice to the police of a peaceful rally. Under Section 9(5), a person who fails to give the five days' notice commits an offence, and will be fined a maximum RM10,000 if convicted in court. Chief Justice Tun Tengku Maimun Tuan Mat, who chaired the panel, said Section 9(5) cannot be seen as a valid restriction on the constitutional right to peaceful assembly under the Federal Constitution's Article 10(1)(b), but that it amounts to a prohibition and also a disproportionate incursion of this right. 'Section 9(5) therefore violates the right to peaceful assembly under Article 10(1)(b) and must be struck down as null and void under Article 4(1),' she said when delivering her decision here. The four other judges who agreed with the decision are President of the Court of Appeal Tan Sri Abang Iskandar Abang Hashim, Federal Court judges Datuk Nallini Pathmanathan, Datuk Rhodzariah Bujang and Datuk Mohd Nazlan Mohd Ghazali. MORE TO COME
