The Malaysian Human Rights Commission (Suhakam) will be present to observe the May 1 Rally in Sabah, despite the local magistrate’s court banning several key political leaders and activists from taking part in it.

The situation has been smoother for a similar protest being planned in Kuala Lumpur, also to be held tomorrow, with only the police calling on organisers to abide by their instructions.

"The commission has received requests to monitor the assemblies at both locations and will carry out its responsibility accordingly as the national human rights body," Suhakam chairperson Hasmy Agam said in a statement today.

As for the ban in Sabah, Hasmy ( left ) said, the authorities have a duty to strike a fair balance between the fundamental right to assemble peacefully and the competing rights of those who may be affected by the assembly.

"The commission advises that opposition to an assembly is not a good reason to impose prior restrictions on it.

"Furthermore, while it is acknowledged that public assemblies may cause some level of temporary interference with, or disruption to, routine daily activities, assemblies are, by definition, temporary activities," Hasmy added.

Order bars 16 individuals

On Tuesday, police obtained a magistrate’s to bar 16 individuals from taking part in the May Day rally in Padang Merdeka, Kota Kinabalu.

Even though the protest is to only take two hours on May 1, the court order granted police a wide-ranging prohibition.

The ban covers five areas in Kota Kinabalu and is in effect from April 27 to May 3.

The court order is currently facing a legal challenge from individuals named in the ban.

Among those banned by the court order are DAP's Kota Kinabalu MP Jimmy Wong ( left ) and Kapayan assemblyperson Edwin Bosi, PKR's Penampang MP Darrel Leiking and STAR's Bingkor assemblyperson Jeffrey Kittingan.

Legal groups such as Lawyers for Liberty have criticised the court order, pointing out that a similar order against Bersih 3.0 was overturned by the Court of Appeal in 2012.