On 22 July, at least 50 people, including human rights defenders and civil society groups, marched to Malaysia’s Parliament, where the lower house (Dewan Rakyat) is currently in session, to demand meaningful change to the Peaceful Assembly Act (PAA) 2012 and the repeal of the Sedition Act 1948. Authorities have routinely used both laws to suppress dissent and restrict freedom of expression and the right to freedom of assembly. When the group arrived at Parliament, police obstructed them and prevented them from handing over their memorandum for lawmakers instead of facilitating the process. ARTICLE 19 condemns this response from the police, and their undermining of the rights to freedom of expression and peaceful assembly, as guaranteed under Article 10 of the Federal Constitution.
‘The authorities have a duty to facilitate an enabling environment that respects and promotes Malaysians’ right to exercise their right to peacefully assemble,’ said Nalini Elumalai, Senior Malaysia Programme Officer at ARTICLE 19. ‘This basic freedom is enshrined in our Federal Constitution. Instead of taking steps to protect this right, it is disappointing to see the police resorting to heavy-handed actions. They should not obstruct peaceful protesters, particularly in public places such as Parliament.’
Parliament is meant to be a place where people have access to their elected representatives to voice their issues and concerns. However, in recent years, the police have claimed that Parliament is a prohibited area, effectively restricting protests near its gates. ARTICLE 19 has significant concerns regarding the First Schedule of the PAA, which outlines various prohibited places. Notably, Parliament is not even listed as a location that falls under the prohibited areas defined in the PAA. The police’s excuses for not allowing peaceful assemblies near the gates of Parliament undermine the right to peaceful assembly.
According to international standards, peaceful assemblies are allowed in all spaces the public has access to and to be within sight and sound of their target audience. Any restrictions must meet the three part-test of legality, legitimate aim, proportionality and necessity.
Youth and human rights groups organised the rally, which began at Tugu Negara and travelled to Parliament at 11am. Participants met with heavy presence from police and the Light Strike Force (LSF), a riot control unit. As the group marched closer to Parliament, they were met by police enforcement officers, who had formed a human line barricade just outside the gates of the legislature’s grounds, preventing protesters from advancing further.
Earlier this year, the Prime Minister announced that the government plans to amend the PAA, particularly to repeal Section 11 to remove the consent requirement from a location’s owner or occupier prior to an assembly. We urge the government to comprehensively review all sections of the PAA that impose unnecessary and disproportionate restrictions on the right to freedom of assembly as set out in international standards.
‘Peaceful assemblies are crucial in bringing to light topics of legitimate public interest. Yet, those who call for accountability, including the reform of archaic laws that are not in line with international standards, are often repressed or silenced. The Malaysian government must show it is serious about upholding its promises and take steps to revise problematic laws to strengthen freedom of expression and assembly. Such measures will be positive steps towards strengthening Malaysia’s democratic institutions and promote a more accountable and equitable society,’ added Nalini Elumalai.