Peaceful Assembly Act review must uphold Constitution, democratic values
Its chairman, Tan Sri Lee Lam Thye, said the ruling served as a timely reminder that national laws must remain consistent with the Federal Constitution, particularly the right to freedom of assembly under Article 10.
"We call on the government to ensure that the revised Peaceful Assembly Act not only aligns with the Federal Court's ruling but also enhances Malaysia's standing as a country that upholds human rights, democratic principles and the rule of law.
"The right to peaceful assembly is a hallmark of a mature democracy. It must not be seen as a threat, but rather as a legitimate avenue for citizens to express opinions, participate in public discourse and hold decision-makers accountable," he said in a statement.
Lee said the revised Act must fully align with Article 10 of the Federal Constitution, allowing peaceful assembly subject only to reasonable restrictions in the interest of national security, public order and morality.
It should also remove provisions that impose excessive or disproportionate penalties on organisers or participants, so as not to deter lawful public assemblies.
"It must provide clear, reasonable and non-burdensome procedures for organising assemblies, ensuring that administrative requirements do not become barriers to exercising constitutional rights.
"It should also uphold the principle of proportionality, whereby any restrictions are strictly necessary and represent the least intrusive means to achieve a legitimate aim.
"In addition, it must protect participants from harassment or arbitrary action, with clear guidelines for law enforcement to manage assemblies in a way that prioritises dialogue and de-escalation."
Lee said the organisation also supports the Human Rights Commission of Malaysia's call for the government to involve civil society groups, legal experts and other relevant stakeholders in the review process.
"Inclusive consultation is vital to ensure that any amendments are practical, balanced and reflective of the aspirations of a democratic society," he said.
On Thursday, Home Minister Datuk Seri Saifuddin Nasution Ismail had said that the government is reviewing the Peaceful Assembly Act 2012 following the Federal Court ruling last month.
He said the government is examining all provisions of the Act to ensure they align with democratic principles, human rights and the nation's current needs.
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