Federal Court Ruling: Suaram Calls on Government & Police to Uphold Peaceful Assembly Act
Kuala Lumpur, July 1 – Following the Federal Court's landmark decision to invalidate a key section of the Peaceful Assembly Act (PAA), Suaram, a prominent Malaysian human rights organization, is urging the government and the police force to fully embrace and respect the court's ruling. This ruling presents a pivotal opportunity for Malaysia to strengthen its commitment to freedom of expression and peaceful assembly, fundamental rights enshrined in the Federal Constitution.
The PAA, enacted in 2012, has been widely criticized for its restrictions on public gatherings, particularly the requirement for advance notification and the broad powers granted to the police to prohibit assemblies. Section 4(2)(e) of the Act, which was deemed unconstitutional by the Federal Court, had been a particular point of contention, as it prohibited assembly that could cause public annoyance or alarm. Suaram and other civil society groups have consistently argued that this provision was overly broad and susceptible to abuse, stifling legitimate dissent and hindering the exercise of democratic rights.
“The Federal Court’s decision is a significant victory for human rights and democratic freedoms in Malaysia,” stated Kua Kia Show, Suaram’s Coordinator. “It reaffirms the importance of upholding the principles of freedom of expression and peaceful assembly, and it sends a clear message that the government cannot unduly restrict these fundamental rights.”
Suaram’s call to action extends to both the government and the police. The government is urged to formally repeal the problematic section of the PAA and to review the entire Act to ensure it is consistent with constitutional principles and international human rights standards. The police are expected to cease enforcing the invalidated provision and to adopt a more permissive and respectful approach to managing public assemblies. Instead of proactively suppressing peaceful gatherings, the police should focus on facilitating them and ensuring the safety and security of all participants.
“We urge the police to view public assemblies not as threats to public order, but as legitimate expressions of citizens’ rights,” Kua added. “Their role should be to maintain neutrality and to ensure that participants can exercise their rights without fear of harassment or intimidation.”
The organization also highlighted the importance of ongoing dialogue and collaboration between the government, the police, and civil society organizations to develop a more conducive environment for peaceful assembly in Malaysia. This includes establishing clear guidelines for police conduct during assemblies and providing training to police officers on human rights principles and best practices for crowd management.
The Federal Court’s ruling is a watershed moment for Malaysia’s human rights landscape. It presents a unique opportunity for the government to demonstrate its commitment to democratic values and to foster a society where citizens can freely express their views and participate in public life. Suaram remains committed to advocating for these rights and to working towards a more just and equitable Malaysia for all.
Moving forward, Suaram will continue to monitor the government's and police's response to the Federal Court ruling and will advocate for the full implementation of its recommendations. The organization believes that a vibrant and participatory democracy requires the protection and promotion of freedom of expression and peaceful assembly, and it will continue to champion these rights for the benefit of all Malaysians.