Suhakam opposes restricting peaceful rallies to city centre spots
"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.
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