Counter-demonstrations cannot claim protection under the right to peaceful assembly if these are to "intimidate" others from assembling, the National Human Rights Commission (Suhakam) says.

"Suhakam is of the view that the right to counter-demonstrate should not be an act of intimidation to inhibit the right of others to demonstrate.

"If the intention of the organisers of a counter-demonstration is to prevent another assembly from taking place, or to interfere with it, the counter-demonstration will cease to enjoy the protection afforded by the right to freedom of peaceful assembly," Suhakam chairperson Razali Ismail said in a statement.

The statement is believed to be referring to the threat by the red-shirts to hold a counter-demonstration against the Bersih 5 rally on Nov 19.