Groups welcome PAA amendment but note room for improvement

Summary

• Suara Mahasiswa UMS and Suaram welcome the government's plan to amend the Peaceful Assembly Act 2012 and impose a moratorium on investigations under Section 11.

• Still, they urge further reforms to prevent harassment of rally organisers and participants.

• Suaram calls for easing notification requirements, including allowing online submissions, while Bersih urges wider stakeholder consultation and an end to intimidation against activists.

The student group Suara Mahasiswa UMS, which had organised a series of anti-corruption rallies, has welcomed the government’s plans to amend the Peaceful Assembly Act 2012 and impose a moratorium on investigations under one of its provisions.

However, it said the government should go further by ensuring that organisers of such rallies do not face any harassment from the authorities.

“There are still aspects that should be studied by the government in amending this Act, such as guaranteeing there won’t be any form of intimidation from the authorities.

“There should be no threats or pressure against the rally organisers or participants of peaceful assemblies, whether before, during, or after the assembly,” it said in a statement today.

Likewise, the human rights group Suaram also welcomed the government’s move saying that it removes a significant bureaucratic barrier that gave authorities discretionary power to grant or deny permission for an assembly to be held.

“For assemblies held in public spaces, this proposed amendment not only rightly acknowledges that these spaces belong to the public, but also strengthens the police’s role in facilitating, rather than restricting, assemblies,” it said.

Nevertheless, it said further changes need to be made to the PAA’s notification process to ensure the right to peaceful assembly is fully protected.

Among others, it said the requirement for the notification to be made at least five days in advance should not be rigidly applied, as this curtails spontaneous assemblies responding to urgent developments.

The process should also be improved by reducing bureaucratic barriers, such as by making the form available online and allowing digital submissions of the form.

“In past assemblies such as last year’s Women’s March, notices given in-person by organisers were not accepted by the police on the basis of technicalities such as the non-completion of all questions on the form.

“Suaram calls for a review of the current notification form and procedures to ensure that only essential information required for the police to facilitate assemblies is requested, preventing unnecessary administrative hurdles that undermine the right to peaceful assembly,” it added.

Consult all stakeholders

In a separate statement, the electoral reform group Bersih urged the government to consult all stakeholders to ensure the amendments will reflect the needs and wants of the people.

It also urged the government to cease all forms of intimidation against activists and human rights defenders if it is truly committed to upholding the freedom of expression and peaceful assembly.

Earlier today, Prime Minister Anwar Ibrahim said the government has agreed to amend the Peaceful Assembly Act by removing the Section 11 requirement for rally organisers to obtain permission from a venue owner.

All ongoing investigations under Section 11 would be halted, Anwar said.

However, the prime minister dismissed a suggestion to reduce the five-day notification period to two days, saying that larger rallies require more preparation and procedures.

Meanwhile, Suara Mahasiswa UMS, which held an anti-corruption rally in Kota Kinabalu on New Year’s Eve last year, said it will continue to pressure Sabah Chief Minister Hajiji Noor to resign over the corruption scandal in the state and oppose Musa Aman’s appointment as governor.

“As students, we believe assemblies and demonstrations are among the most important democratic mechanisms for the people’s voices to be heard and to demand change.

“Thus, Suara Mahasiswa UMS will continue to play the role of a radical voice in ensuring this right is not only enshrined in law but fairly exercised and implemented,” it said.

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