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New Straits Times
a day ago
- Politics
- New Straits Times
Bersih, Suaram want rally law amendments expedited
KUALA LUMPUR: Civil society non-governmental organisations Coalition for Clean and Fair Elections (Bersih) and Suara Rakyat Malaysia (Suaram) have called on the government to expedite amendments to the Peaceful Assembly Act 2012. Bersih chairperson Muhammad Faisal Abdul Aziz said the Federal Court's declaration that it is unconstitutional to criminalise failure to give notice to the authorities would open up Malaysia's democratic space. "It's a commendable decision by the court, given the provision is punitive and exceeds the fundamental liberties as enshrined in our Constitution. "We agree that every action, including peaceful rallies, needs to be regulated, but it must be proportionate. "Bersih urges the government to expedite the amendment of the act to give more space for the people to hold peaceful rallies." Suaram executive director Azura Nasron called on the government to fully repeal Section 9(5) of the act in the Parliament session in October. Azura added: "We urge the police to incorporate clear, rights-based guidelines on facilitating peaceful assemblies into its human rights training module developed jointly with the Human Rights Commission of Malaysia (Suha-kam)." She said Section 9(5) of the act was consistently used as a tool of intimidation against assembly organisers, especially human rights defenders. Suaram was investigated 13 times over the notice requirement in Section 9(1) from 2020 to 2024, but was never charged. On Tuesday, the Federal Court declared it unconstitutional to criminalise the failure to notify police five days before a peaceful assembly. In delivering the unanimous decision by a five-member bench, Chief Justice Tun Tengku Maimun Tuan Mat said Section 9(5) of the act imposes a penalty that goes beyond what is allowed under Article 10(1)(b) of the Federal Constitution, which guarantees the freedom of speech, assembly and association.
Free Malaysia Today
a day ago
- Politics
- Free Malaysia Today
Suaram urges govt to clarify moratorium on Peaceful Assembly Act
Suaram executive director Azura Nasron said Sections 9(5) and 11 of the PAA 2012 had long operated to entrench an authorisation-centric culture where peaceful assemblies were treated as privileges subject to approval. PETALING JAYA : An NGO has called on the government to clarify the nature of its moratorium on legal proceedings under Section 9(5) of the Peaceful Assembly Act (PAA) 2012, warning that ambiguity on the matter could undermine ongoing reform efforts. Suara Rakyat Malaysia (Suaram) executive director Azura Nasron said home minister Saifuddin Nasution Ismail's remarks yesterday on the moratorium requires clarification. 'It remains unclear whether this is a new policy shift or a misstatement of the Cabinet decision that focussed only on Section 11,' she said in a statement. On Feb 13, Saifuddin said the government would place a moratorium on Section 11 of the PAA, which mandates that organisers seek the consent of venue owners or occupants before holding an assembly at a particular venue. He said this was in view of the government's plan to amend the section. 'This means no action will be taken on the organisers of any assembly until the amendments are approved (by the Dewan Rakyat),' he said. Saifuddin said yesterday an amendment to Section 11 would be tabled in the next Parliament meeting. He said his ministry would also examine the Federal Court's ruling that Section 9(5), which criminalises failure to notify the police five days in advance of holding a peaceful assembly, was unconstitutional. He said Prime Minister Anwar Ibrahim had also enforced a moratorium on any legal proceedings under Section 9(5) of the PAA as part of his agenda to reform the law. Azura said the moratorium must be explicitly announced and fully enforced on all ongoing investigations and prosecutions, until legislative repeal was completed. 'The government must not miss this critical opportunity to deliver the 'comprehensive reform of laws related to the right to assemble' it has pledged to implement,' she said. She also called on the government to repeal Section 9(5), consult civil society on the amendment, and review other restrictive provisions such as the age limit under Section 4(d) prohibiting those below 21 years old from organising assemblies. 'While the move to amend Section 11 of the PAA is necessary, it must not distract from the urgent need to repeal Section 9(5) in full. 'Sections 9(5) and 11 have long operated in tandem to entrench an authorisation-centric culture, where peaceful assemblies are treated as privileges subject to approval rather than inalienable constitutional rights. 'Amending one without repealing the other leaves the underlying legal framework fundamentally flawed and impairs the development of a culture grounded in the presumption that peaceful assemblies are lawful,' she said.
The Star
2 days ago
- Politics
- The Star
Suaram seeks repeal of restrictive assembly law
PETALING JAYA: Suara Rakyat Malaysia (Suaram) has emphasised the need for amendments to the Peaceful Assembly Act (PAA) 2012, highlighting the importance of recognising gatherings as a constitutional right, not just a privilege. Suaram executive director Azura Nasron said while amendments to Section 11 of the PAA are crucial, it was equally important to repeal Section 9(5) of the same law. 'Sections 9(5) and 11 have long operated in tandem to entrench an authorisation-centric culture, where peaceful assemblies are treated as privileges subject to approval rather than inalienable constitutional rights. 'Amending one without repealing the other leaves the underlying legal framework fundamentally flawed and impairs the development of a culture grounded in the presumption that peaceful assemblies are lawful,' said Azura in a statement on Thursday (July 2). She said that under international norms, restrictions on peaceful gatherings must be the exception. 'The continued existence of Section 9(5) undermines this principle and obstructs the full realisation of the right to assemble under Article 10(1)(b) of the Federal Constitution,' she added. Article 10(1)(a) of the Federal Constitution guarantees every Malaysian citizen the right to freedom of speech and expression. Azura also criticised a recent remark by Home Minister Datuk Seri Saifuddin Nasution who said that close to 99% of assemblies in 2023 and 2024 proceeded without restrictions. 'Assemblies critical of government-linked corruption or human rights violations remain more vulnerable to surveillance, investigation, and administrative obstruction. 'These figures do not reflect the chilling effect of selective enforcement, nor do they counteract the entrenched perception - enabled by laws like Section 9(5) - that peaceful assembly is conditional on state approval,' said Azura. Section 9(5) of the PAA provides a criminal penalty on organisers of public gatherings who failed to give police at least five days' notice before holding an assembly. Section 11 in the PAA provides that an organiser of an assembly, other than a religious assembly or funeral procession, must obtain the consent of the owner of the place of the assembly. On Tuesday (July 1), the Federal Court's five-member bench ruled that a provision under Section 9(5) of the Peaceful Assembly Act 2012, which penalised an organiser who failed to provide the police with a five-day prior notice before holding an assembly, is unconstitutional. Saifuddin said the Home Ministry will table amendments to Section 11 of the PAA in the upcoming parliamentary sitting that begins this month. He also said Prime Minister Datuk Seri Anwar Ibrahim implemented a moratorium on legal proceedings under Section 9(5) of the PAA as part of the government's broader agenda to reform the law. Commenting further, Azura asked Putrajaya to clarify the status of the moratorium, as it remains unclear whether this is a new policy shift. 'A moratorium on Section 9(5) must be explicitly announced and enforced—covering all ongoing investigations and prosecutions—until formal legislative repeal is completed,' she said. Azura also urged the government to consult civil society before the next parliamentary sitting on the proposed PAA amendments to ensure they reflect current realities and international human rights standards. 'Review and amend other provisions of the PAA that are incompatible with international standards - including Section 4(d), which unjustifiably prohibits individuals below 21 years old from organising assemblies,' she added. The next Parliamentary sitting will sit from July 21 till Aug 28.
Yahoo
12-02-2025
- Politics
- Yahoo
Suaram says two activists arrested over attempt to meet Home Ministry officials on Sosma issues
KUALA LUMPUR, Feb 13 — Rights group Suaram said six police officers from the Putrajaya district headquarters arrested activists Sevan Doraisamy and Azura Nasron today for allegedly entering a protected area in the Home Ministry without authorisation. The group said duo had been waiting for two and a half hours at the Home Ministry (KDN) earlier in the week for their promised entry pass but were allegedly ignored by police and Rela personnel. '''Before the police arrived this morning, they had informed the two that they were coming to serve a 111 notice, but ambushed them with an arrest instead,' the group said in Facebook post. The two had been at KDN to discuss issues related to the Security Offences (Special Measures) Act (Sosma) but were prevented from entering. Sevan is currently under arrest and is expected to be questioned by the authorities regarding the incident. Suaram condemned the arrests as an act of intimidation against human rights defenders. A lawyer representing the activists is en route to IPD Putrajaya to seek legal access and ensure their rights are upheld.
