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19 March 2023
The police subsequent crackdown on participants of Women’s March Malaysia (WMMY) 2023 held on 12/3/2023 in conjunction of the International Women’s Day, which saw about 200 participants.
At night the police said that they were now investigating pursuant with regard offences under Peaceful Assembly Act 2012 and Minor Offences Act 1995.(NST, 12/3/2023) Worse, notices to be present at police station for investigation were send out to about 7 in the middle of the night according to the organisers of the March.(Star, 13/3/2023)
Peaceful Assembly is a RIGHT, recognized in Article 10(1)(b) of the Federal Constitution, whereby Article 10 also gives us the right to freedom of speech and expression. Thus, participants in a peaceful assembly can shout out and even hold placards calling out for matters, issues, concerns or rights that even the government of the day may not support.
Peaceful Assembly is a means of advocating issues and concerns to the public to create awareness and garner more support. That is why a peaceful assembly rightly should be organised in a place where it can be seen and heard by the public. So many times, have permission to have a peaceful assembly in Dataran Merdeka been denied when really it is a good venue for a peaceful assembly. It should be a right to have a peaceful assembly in any public space.
A peaceful assembly attracts participants from all walks of society, not just members of organisation or political parties, and, as such, it is absurd to hold responsible the organiser for actions of some individual participants who may have come to join the protest on becoming aware of it.
Draconian Peaceful Assembly Act Enacted Despite Protest
It must be remembered that the Peaceful Assembly Act 2012 was enacted despite protest from the Malaysian Bar, SUHAKAM, civil society and many others.
On 29/11/2011, the Malaysian Bar organized the “Walk for Freedom 2011: Peaceful Assembly Bill Cannot and Must Not Become Law!”, which reportedly was attended by about 1,500.
Peaceful Assembly Act 2012 is a draconian law that restricts and deters the exercise of the REAL right to peaceful assembly.
Police the ‘permission giver’ for a human right to be exercised makes no sense
It simply gives the police too much power even to impose conditions and restrictions. Even after ‘giving approval, the police can suddenly change their mind and impose other restrictions.
On 17/6/2022, Malaysian Bar’s ‘Walk for Judicial Independence’ attended by about 500 lawyers were suddenly prevented by the police from marching to Parliament from the assembly point in Padang Merbok. Previously, the could march to Parliament and restriction was placed on number of representatives that could go beyond the Parliament gate.
No immediate peaceful assembly in Malaysia
People in Malaysia cannot speedily exercise the right to peaceful assembly because of the 5-day notice to police requirement and the other onerous obligations imposed by the law. So, for example, when Israel commits atrocities against the Palestinians or the government tables a ‘bad’ law, people in Malaysia can no longer can organize an immediate peaceful assembly, something which often happened before the Act. A protest more than 5 days later is simply too late, and will likely not get much public support or media attention.
No right for children, and even18, 19 and 20 year olds who already can vote
UNDI18 allows those who are 18 or above to vote but the PAA says they cannot organize a peaceful assembly unless they are 21 and above. It denies the right of children to organize and participate in peaceful assemblies despite Malaysia being a signatory of the United Nations Convention on the Rights of the Child.
Denial of non-Malaysians the right to peaceful assembly
PAA unjustifiably denies Non-Malaysians the right to peaceful assembly. Hence, Myanmar nationals could not protest the violation of rights of the Rohingya people, or even dangerous rare earth factories.
Onerous obligations and duties imposed on ‘organisers’
The organisers are, amongst others, made responsible for all participants not breaking any laws, arranging ‘security’ to be in charge of the orderly conduct. bear the clean-up cost and get the consent of the owner or occupier of the place of assembly.
Peaceful Assembly Act 2012 is a tool to control and restrict the exercise of the right to peaceful assembly. It is also used to deter, as often actions like that taken against the participants of the of Women’s March. All in all it deters, when it should be protecting the exercise of the right. The government, including the police, should be protecting those that exercise this right, and not the opposite.
Before Peaceful Assembly Act, things were generally better?
Before the enactment of Peaceful Assembly Act 2012, there was a better right to peaceful assembly but the problem then was the gathering of more than 3 or 5 was considered a crime, and as such the risk was being charged for taking part in a peaceful assembly – but then when peaceful assemblies do happen, the police ask the people after some time to disperse and that it that. Seldom did we find persons investigated or charged, save for the later 1998 Reformasi protests which saw hundreds arrested and charged.
Section 141 of the Penal Code – that prevents the assembly of 5 or more
It must be noted, that despite the enactment of Peaceful Assembly Act 2O12, Section 141 of the Penal Code strangely is still not repealed, where it says that ‘An assembly of five or more persons is designated an “unlawful assembly”, if it, amongst others, cause mischief or criminal trespass, or other offence. As we know excessive noise is an offence under the Minor Offences Act, and we recall that in 2015, 11 workers from National Union of Tobacco Industry Workers (NUTIW) was arrested from the legal picket for ‘excessive noise’. #
Source: https://madpet06.blogspot.com/2023/03/peaceful-assembly-act-which-violates.html