logo
Consult us before amending the Peaceful Assembly Act, say civil society groups

Consult us before amending the Peaceful Assembly Act, say civil society groups

KUALA LUMPUR: Putrajaya should consult civil society groups before finalising any amendments to the Peaceful Assembly Act , said Human Rights Commission of Malaysia (Suhakam) commissioner Ragunath Kesavan.
He said this was to ensure the regulations reflect and protect the public's rights.
Ragunath said the involvement of such groups would help strengthen the provisions and ensure they align with international best practices.
"The government should make it a point to consult us so the regulations are not only stronger but also more reflective of people's rights.
"Our input would come from a broad range of perspectives, based on their experiences and observations.
"They would have also considered the best practices elsewhere," he told the New Straits Times today.
Ragunath said among the groups the government should engage with were Suhakam, the Bar Council and other civil society organisations, noting that such engagement would also help build public trust in the review process.
He said the review should not only focus on technical or procedural amendments, but also key changes that could strengthen democratic freedoms.
"This includes decriminalising street protests, shortening the notice period for assemblies, and removing the requirement for organisers to get permission from venue owners when a gathering is held in a recognised public space like Dataran Merdeka," he said.
Asia Human Rights Labour Advocates director Phil Robertson said Putrajaya would share the draft of their proposed amendments and work closely and transparently with civil society groups at every stage of the process, including each revision of the amendments.
He said the goal should be to build civil society support that champions the final amendments passed in Parliament.
"The government needs to move decisively away from its preferred method of having government lawyers draft amendments behind closed doors while shutting out external proposals and commentary.
"This law involves people's rights, so changes must involve the people at every step," Robertson said.
He said the guidelines for revising the law should be based on the requirements of the International Covenant on Civil and Political Rights (ICCPR).
"It must also take into account comments and clarifications made by the Human Rights committee, which is the expert body that interprets the convention."
He added that the Act must create the presumption in law that peaceful assemblies are worthwhile and should be encouraged, recognising that freedom of expression and peaceful assemblies are the cornerstones of a functioning, participatory democracy.
"The government needs to stop fearing people's voices and demands, and understand that protests often highlight problems that need to be fixed, not covered up," Robertson said.
.
They were commenting on Home Minister Datuk Seri Saifuddin Nasution Ismail's statement that the government was reviewing the Peaceful Assembly Act 2012 following the Federal Court's ruling last month that a key provision of the law is unconstitutional.
The Federal Court struck out the provision criminalising failure to give police 5 days notice before holding an assembly, stating that it contravened the constitutional right to peaceful assembly.
Former Chief Justice Tengku Maimun Tuan Mat said Section 9(5) of the Peaceful Assembly Act 2012 imposed a penalty that exceeded what is allowed under Article 10(1)(b) of the Federal Constitution, which guarantees freedom of speech, assembly, and association.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Urgent action needed to protect indigenous land rights in Malaysia
Urgent action needed to protect indigenous land rights in Malaysia

The Star

time9 hours ago

  • The Star

Urgent action needed to protect indigenous land rights in Malaysia

AS THE world commemorates the 2025 International Day of the World's Indigenous Peoples on Aug 9, the Human Rights Commission of Malaysia (Suhakam) joins the global community in reaffirming our commitment to protect the rights, dignity and heritage of Indigenous communities in Malaysia. This year's theme, 'Indigenous Peoples and AI: Defending Rights, Shaping Future,' reminds us that while technology holds promise, it must not deepen existing inequalities. Land - The soul of indigenous identity For Malaysia's Indigenous Peoples, the Orang Asli in Peninsular Malaysia and the natives of Sabah and Sarawak, land is not merely a resource. It is the life of their culture, identity and survival. Yet, in 2025, land dispossession continues to uproot communities and erode centuries of heritage. Despite legal protection in our Constitution, statutory provisions, and Malaysia's endorsement of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), Indigenous communities continue to struggle for the recognition and protection of their customary territories. Article 26 of UNDRIP affirms that Indigenous Peoples have the right to the lands, territories, and resources which they have traditionally owned, occupied or otherwise used or acquired. Article 27 further obligates states to establish impartial and transparent mechanisms for recognition and adjudication of Indigenous land claims, consistent with their customs, traditions and land tenure systems. Yet, implementation remains sorely lacking. From inquiry to action The 2013 National Inquiry into the Land Rights of Indigenous Peoples, conducted by Suhakam, laid bare these injustices. Over 6,500 Indigenous individuals gave testimony through public consultations across 23 districts, 892 recorded statements and 57 submissions from indigenous organisations, government agencies, and civil society groups. The Inquiry gathered issues revolving around land encroachments, forced evictions, and a troubling absence of free, prior and informed consent (FPIC) in developments affecting their lands. Eleven years on, the root problems persist. Without secure land, Indigenous communities lose access to forests, rivers, food, and spiritual spaces. The impacts extend beyond physical displacement, causing cultural loss, food insecurity, and disempowerment. Among the Inquiry's 18 recommendations were recognition of customary rights to land, establishing grievance mechanisms, mandating FPIC, and creating an independent National Commission on Indigenous Peoples. As of today, much of the report's spirit remains unfulfilled. Legal and policy gaps still persist Malaysia's legal framework, including the Aboriginal Peoples Act 1954 and the land codes in Sabah and Sarawak, does not adequately recognise Indigenous native customary land rights (NCR). Key concepts such as pemakai menoa, pulau galau and kawasan rayau remain unrecognised and uncodified in law. Despite favourable court decisions like Nor Nyawai, Sagong Tasi and Adong Kuwau, affirming recognition of NCR, the failure to integrate these rulings into administrative procedures has perpetuated legal uncertainty. Institutional gaps Institutions tasked with safeguarding the well-being of the Orang Asli, notably the Department of Orang Asli Development (JAKOA), are under-resourced, lack transparency, and have poor coordination between federal and state authorities. Indigenous land claims are frequently delayed, mishandled, or ignored altogether. Ignoring consent, ignoring rights One of the most significant findings of the inquiry was the widespread violation of the right to Free, Prior and Informed Consent (FPIC). Development projects, from plantations and logging to infrastructure expansion, have frequently proceeded without meaningful consultation or community consent. This undermines Indigenous Peoples' right to self-determination and violates Malaysia's commitment under international law, including the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), which mandates the FPIC of indigenous peoples for any project affecting their territories. The consequences are devastating: environmental degradation, cultural erasure, and forced displacement. AI to empower, not to erase The denial of land rights has cascading impacts on the right to food, housing, and self-determination. Without land, Indigenous communities lose access to forests, rivers, and resources that are vital for their survival. Climate change, deforestation, and commercial encroachments are further threatening traditional food systems and eroding traditional knowledge, passed down through generations. As Malaysia embraces digitalisation, it is critical that these technologies are not used to further exclude Indigenous Peoples' voices or erase ancestral claims. AI-driven land mapping, and automation in land registries must be designed inclusively, respecting traditional knowledge and community participation. Technology must be harnessed to empower Indigenous communities, to document their histories, protect sacred sites, improve participatory land governance, and preserve culture and languages. A call to action Over a decade ago, Suhakam released the National Inquiry Report, and its findings remain as relevant and urgent as ever. Despite the Government's formal acceptance of 17 out of 18 recommendations, progress has been slow and fragmented, reflecting a wider lack of political will to place Indigenous rights at the forefront of national priorities. In commemorating this year's International Indigenous Peoples Day, Suhakam renews its call for the Government to: - Develop and implement a comprehensive National Action Plan on Indigenous Rights and enshrine constitutional recognition to safeguard the dignity, identity, and rights of the Indigenous Peoples; - Establish an Independent National Commission on Indigenous Peoples, as recommended under Recommendation 18 of the National Inquiry, with a mandate to advise on legislation, monitor development, and represent the voices of Indigenous communities; - Amend Article 153 of the Federal Constitution to explicitly recognise the Orang Asli as equal beneficiaries of constitutional protections and affirmative action measures alongside the Malays and the Natives of Sabah and Sarawak; and - Harmonise Federal and State-level laws and policies, especially regarding the gazettement and legal protection of ancestral and Indigenous customary lands. The protection of Indigenous land rights is not a matter of policy convenience; it is a question of justice, dignity, and survival. Governments have a moral and legal duty to safeguard the lands, resources, and cultures of Indigenous Peoples, in accordance with international human rights standards. As UNDRIP's Article 8(2) affirms: States must prevent and redress any actions that aim to dispossess Indigenous Peoples of their lands, territories, or resources. The time for action is now, before more of what is irreplaceable is lost forever. PAREMESWARI SUBRAMANIAM Principal Assistant Secretary, Policy Division, Suhakam

Suhakam opposes restricting peaceful rallies to city centre spots
Suhakam opposes restricting peaceful rallies to city centre spots

New Straits Times

time9 hours ago

  • New Straits Times

Suhakam opposes restricting peaceful rallies to city centre spots

KUALA LUMPUR: The Human Rights Commission of Malaysia (Suhakam) has opposed limiting peaceful assemblies only to specific gazetted sites in the city centre, saying this would restrict the constitutional right to gather. "The choice of venue should primarily rest with the organisers, unless there is a genuine and demonstrable risk to security or public safety," it said. Suhakam said that the role of authorities, including Kuala Lumpur City Hall (DBKL) and the police, was to facilitate assemblies by managing traffic, ensuring safety, and providing access to amenities, not by imposing fixed venues unless there is a clear and present danger. "If gazetted sites are introduced, they must be in addition to other available public spaces, not the sole legal option," it added. The commission cited Article 10(1)(b) of the Federal Constitution, which guarantees every citizen the right to assemble peaceably and without arms, as well as Sections 9 and 14 of the Peaceful Assembly Act 2012 (PAA) and relevant international law. "The constitutional default is freedom, and restrictions are exceptions that must be justifiable, proportionate and non-discriminatory," Suhakam said. Yesterday, Kuala Lumpur mayor Datuk Seri Dr Maimunah Mohd Sharif said that the city council was considering gazetting specific locations in the city centre for future peaceful assemblies and demonstrations. Maimunah added that the proposal was under consideration as the capital is frequently chosen as the venue for such events.

Govt strengthening legal framework to better protect children from sexual crimes
Govt strengthening legal framework to better protect children from sexual crimes

The Star

time13 hours ago

  • The Star

Govt strengthening legal framework to better protect children from sexual crimes

KUALA LUMPUR: The government is intensifying efforts to safeguard children from sexual crimes through legislative improvements and more comprehensive implementation strategies. These include amendments to the Sexual Offences Against Children Act 2017 (Act 792), the expansion of special criminal courts, and ongoing training for legal officers, said Thiyagu Ganesan, the deputy director-general (Legal Reform Sector) of the Legal Affairs Division (BHEUU) under the Prime Minister's Department. He said several key amendments were made to the Act in 2023, which include replacing the term "child pornography" with "child sexual abuse material", introducing new offences such as live-streaming of sexual crimes and sexual extortion, and mandating compensation for victims. "Additionally, the government has recently passed the Online Safety Act 2025, which places the responsibility on digital platforms to remove child sexual abuse content. "It also introduces the safety-by-design concept to ensure a safer online environment for children,' he said during an interview on Bernama TV's Apa Khabar Malaysia programme on Monday (Aug 11). To broaden access to justice for victims, Thiyagu noted that the number of Special Courts for Sexual Crimes Against Children has been increased to 81 nationwide, along with the introduction of child-friendly mobile courts. "These mobile courts are equipped with a child witness room and will travel to where the child is located, eliminating the need for the child to travel to a physical courtroom, which may be distressing,' he said. Thiyagu also underscored the importance of specialised training for prosecutors, judges, and lawyers to improve the handling of child-related cases, in line with the 2023 legal reforms regulating the manner in which child witnesses are examined, cross-examined, and re-examined in court. He said the BHEUU is actively expanding awareness campaigns related to Section 19 of Act 792, which mandates all individuals to report suspected cases of child sexual crimes to the authorities. Touching on the Human Rights Commission of Malaysia (Suhakan) Act 1999, he said amendments in 2023 led to the creation of a full-time position for a chief children's commissioner, along with two children's commissioners and one additional commissioner, all dedicated to strengthening oversight of government policies related to child protection. "Their role is to provide assistance, commentary and recommendations on government plans and policies, as well as to announce improvements. "If issues arise, they will actively speak out to ensure continuous progress,' he added. – Bernama

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store