Suaram has criticised the police for insisting on a permit to hold a rally despite no such requirement indicated under the Peaceful Assembly Act 2012 (PAA).

This comes after Harian Metro reported Kota Kinabalu district police chief Kasim Muda saying earlier today that Universiti Malaysia Sabah (UMS) students cannot hold the “Kami Mahu Air” rally tomorrow because they did not receive approval from the authorities.

“No permits are needed to organise peaceful assemblies. This fact was reinforced by the inspector-general of police on March 4.

“It is also enshrined in the PAA via the requirement of organisers to notify the police five days before the assembly,” said Suaram executive director Sevan Doraisamy in a statement.

Students from UMS are planning to hold a rally tomorrow outside Menara Kinabalu, the main administration building for the Sabah government, due to frequent water cuts at the university.

On June 5, UMS vice-chancellor Kasim Mansor advised students against organising or participating in public gatherings or campaigns in protest over ongoing water issues.

He said the university did not endorse any activities that could lead to public disorder or discomfort.

“UMS has never encouraged its students to hold gatherings or activities in public places without authorisation from the authorities,” the New Straits Times reported him as saying.

Facilitate rallies

It is worth noting that under Section 12 of the PAA, a person of interest may, in writing, inform of his or her concerns or objections to a rally to the district police chief within 48 hours of being informed of the assembly.

Under Section 15 of the same act, the district police chief may impose certain restrictions on the assembly based on the objections received.

However, it is unclear whether anyone had filed an objection to the UMS students’ rally.

On that note, Sevan stressed that anyone should be able to organise and participate in peaceful assemblies without facing intimidation and reprisals from any party.

This, he added, was because peaceful assemblies are a legitimate platform for someone to speak up on issues of interest.

“In this regard, Suaram urges the Kota Kinabalu police to facilitate tomorrow’s peaceful demonstration, whilst ensuring the safety of organisers and participants present.”

On a wider note, the NGO leader called for systemic reforms to ensure that the state consistently respects the right to peaceful assembly.

“The government’s openness to streamlining notifications of peaceful assemblies should be concretised by efforts to conduct stakeholder engagements, including civil society, to gather input,” Sevan added.