Media Statement – 17/3/2023
Peaceful Assembly Act which violates peoples’ REAL right to peaceful assembly must be repealed
Police must stop harassment of participants of peaceful assembly like Women's March Malaysia (WMMY) 2023
The police subsequent crackdown on participants of Women's March Malaysia (WMMY) 2023 held on 12/3/2023 in conjunction of the International Women's Day, which saw about 200 participants.
At night the police said that they were now investigating pursuant with regard offences under Peaceful Assembly Act 2012 and Minor Offences Act 1995.(NST, 12/3/2023) Worse, notices to be present at police station for investigation were send out to about 7 in the middle of the night according to the organisers of the March.(Star, 13/3/2023)
Peaceful Assembly is a RIGHT, recognized in Article 10(1)(b) of the Federal Constitution, whereby Article 10 also gives us the right to freedom of speech and expression. Thus, participants in a peaceful assembly can shout out and even hold placards calling out for matters, issues, concerns or rights that even the government of the day may not support.
Peaceful Assembly is a means of advocating issues and concerns to the public to create awareness and garner more support. That is why a peaceful assembly rightly should be organised in a place where it can be seen and heard by the public. So many times, have permission to have a peaceful assembly in Dataran Merdeka been denied when really it is a good venue for a peaceful assembly. It should be a right to have a peaceful assembly in any public space.
A peaceful assembly attracts participants from all walks of society, not just members of organisation or political parties, and, as such, it is absurd to hold responsible the organiser for actions of some individual participants who may have come to join the protest on becoming aware of it.
Draconian Peaceful Assembly Act Enacted Despite Protest
It must be remembered that the Peaceful Assembly Act 2012 was enacted despite protest from the Malaysian Bar, SUHAKAM, civil society and many others.
On 29/11/2011, the Malaysian Bar organized the “Walk for Freedom 2011: Peaceful Assembly Bill Cannot and Must Not Become Law!”, which reportedly was attended by about 1,500.
Peaceful Assembly Act 2012 is a draconian law that restricts and deters the exercise of the REAL right to peaceful assembly.
Police the ‘permission giver’ for a human right to be exercised makes no sense
It simply gives the police too much power even to impose conditions and restrictions. Even after ‘giving approval, the police can suddenly change their mind and impose other restrictions.
On 17/6/2022, Malaysian Bar’s ‘Walk for Judicial Independence’ attended by about 500 lawyers were suddenly prevented by the police from marching to Parliament from the assembly point in Padang Merbok. Previously, the could march to Parliament and restriction was placed on number of representatives that could go beyond the Parliament gate.
No immediate peaceful assembly in Malaysia
People in Malaysia cannot speedily exercise the right to peaceful assembly because of the 5-day notice to police requirement and the other onerous obligations imposed by the law. So, for example, when Israel commits atrocities against the Palestinians or the government tables a ‘bad’ law, people in Malaysia can no longer can organize an immediate peaceful assembly, something which often happened before the Act. A protest more than 5 days later is simply too late, and will likely not get much public support or media attention.
No right for children, and even18, 19 and 20 year olds who already can vote
UNDI18 allows those who are 18 or above to vote but the PAA says they cannot organize a peaceful assembly unless they are 21 and above. It denies the right of children to organize and participate in peaceful assemblies despite Malaysia being a signatory of the United Nations Convention on the Rights of the Child.
Denial of non-Malaysians the right to peaceful assembly
PAA unjustifiably denies Non-Malaysians the right to peaceful assembly. Hence, Myanmar nationals could not protest the violation of rights of the Rohingya people, or even dangerous rare earth factories.
Onerous obligations and duties imposed on ‘organisers’
The organisers are, amongst others, made responsible for all participants not breaking any laws, arranging ‘security’ to be in charge of the orderly conduct. bear the clean-up cost and get the consent of the owner or occupier of the place of assembly.
Peaceful Assembly Act 2012 is a tool to control and restrict the exercise of the right to peaceful assembly. It is also used to deter, as often actions like that taken against the participants of the of Women's March. All in all it deters, when it should be protecting the exercise of the right. The government, including the police, should be protecting those that exercise this right, and not the opposite.
Before Peaceful Assembly Act, things were generally better?
Before the enactment of Peaceful Assembly Act 2012, there was a better right to peaceful assembly but the problem then was the gathering of more than 3 or 5 was considered a crime, and as such the risk was being charged for taking part in a peaceful assembly – but then when peaceful assemblies do happen, the police ask the people after some time to disperse and that it that. Seldom did we find persons investigated or charged, save for the later 1998 Reformasi protests which saw hundreds arrested and charged.
Section 141 of the Penal Code – that prevents the assembly of 5 or more
It must be noted, that despite the enactment of Peaceful Assembly Act 2O12, Section 141 of the Penal Code strangely is still not repealed, where it says that ‘An assembly of five or more persons is designated an "unlawful assembly", if it, amongst others, cause mischief or criminal trespass, or other offence. As we know excessive noise is an offence under the Minor Offences Act, and we recall that in 2015, 11 workers from National Union of Tobacco Industry Workers (NUTIW) was arrested from the legal picket for ‘excessive noise’.
MADPET(Malaysians Against Death Penalty and Torture) calls for the immediate repeal of the Peaceful Assembly Act 2012. Another Act that truly respects the right of peaceful assembly could always be later enacted.
MADPET also calls for the repeal of Section 114 of the Penal Code that criminalizes or deters the right to peaceful assembly.
MADPET calls for the police to stop ‘harassing’ participants of Women's March Malaysia (WMMY) 2023 and other persons who exercised their right of peaceful assembly.
MADPET calls for Malaysia to recognize and defend peoples’ right to peaceful assembly.
Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
Women's March Malaysia organisers slam police action against speakers, participants
KUALA LUMPUR: The organising committee of the Women's March Malaysia (WMMY) 2023 today condemned the actions taken by the police towards its participants, speakers, organisers and observers.
It said the Notice 111 sent out to seven participants, speakers, and organisers of WMMY in the middle of the night marked a troubling precedent against democratic action under the newly-elected unity government.
"We recall and remind this current government of its long history of democratic actions and expressions and the use of public assembly and protests over the last several decades before it came to power.
"We are disheartened and disappointed at being penalised for exercising our democratic right to fight for a better Malaysia."Do we not deserve to express our thoughts, talk about the issues that plague the lives of one too many people, and ask for changes that will create the Malaysia Madani that the unity government wants," it said in a statement today.
It said Article 10 of the Malaysian Federal Constitution clearly states that every citizen has the right to freedom of speech and expression, and all citizens have the right to assemble peaceably and without arms.
"The organisers took all the necessary steps to inform relevant authorities and follow the rules and regulations in place before the march."
The committee said Malaysia has an obligation as a signatory to the Convention on the Elimination of All Forms of Discrimination Against Women to ensure the full protection of human rights for women and girls, including transgender people and sexual minorities.
"The heavy-handed reaction of the police against peaceful protesters at the Women's March will reflect badly on Malaysia's upcoming CEDAW review this year, shining light on the disproportionate use of police powers on a national and international level."
It said the police should desist from investigating and charging anyone merely for exercising the fundamental right to peacefully assemble, instead of allocating priority towards more pressing injustices raised during the march, such as child marriage, online and physical gender-based violence, and protecting groups facing marginalisation.
"This is a critical time for the newly elected government to show their commitment towards improving its human rights record by making it an obligation to assess the impact towards citizens' rights in peaceful assemblies.
"We urge the government to address the trust deficit of citizens towards our core institutions, and restore public confidence by acting on the accepted UN recommendation 151.147: revise the Peaceful Assembly Act to eliminate discrimination and hindrance to the freedom of association and peaceful assembly."
Yesterday, Dang Wangi district police chief, ACP Noor Dellhan Yahaya, said the police are investigating the assembly and march that took place in front of the Sogo Complex and Dataran Merdeka.
He said police had opened an investigation paper under Section 9 (5) of the Peaceful Assembly Act 2012 and Section 14 of the Minor Offences Act 1995.
Noor Dellhan said the police were in the process of identifying all the individuals involved and would call them up to record their statements. - NST, 13/3/2023
Police open investigation into assembly in KL
KUALA LUMPUR: The police are investigating an assembly and march that took place today in front of the Sogo Complex and Dataran Merdeka.
Dang Wangi district police chief, ACP Noor Dellhan Yahaya, said the march involved 150 people comprising human rights activists, university students, and members of political parties.
"The unauthorised assembly and march were held in violation of the law. Police detected the event at 10am.
"Based on police observation, the participants were found to have gathered and marched while holding placards with words like 'Imagine If Men Are As Disgusted With Rapes As With Periods, Child Not Pride, Trans Women Are Women, Police Your Behaviour Not My Body' and others," he said in a statement.
He said police have opened an investigation paper under Section 9 (5) of the Peaceful Assembly Act 2012 and Section 14 of the Minor Offences Act 1995.
Police are in the process of identifying all individuals involved and will call them up to record their statements, he said.
"The investigation paper will be completed and referred to the deputy public prosecutor for further instructions.
"The public is advised not to participate in any illegal assembly as action will be taken against them." - BERNAMA - NST, 12/.3/2023
Women's March organisers criticise cops for heavy-handed response
PETALING JAYA: The organisers of the recent Women's March 2023 have
lambasted the police for its heavy-handed response toward peaceful
protestors.
In a statement on Monday (March 13), it condemned
the actions taken by the police against the participants, speakers,
organisers and observers of the Women's March Malaysia 2023 (WMMY).
"The press statement issued by the PDRM on March 12, which was followed by Notice 111 sent out to seven participants, speakers, and organisers of WMMY in the middle of the night, marks a troubling precedent against democratic action under the newly-elected unity government.
"We
recall and remind this current government of its long history of
democratic actions and expressions and the use of public assembly and
protests over the last several decades prior to its coming to power," it
said, adding that they were disheartened and disappointed at being
penalised for exercising their democratic rights to fight for a better
Malaysia.
It asked if they did not deserve to express thoughts,
talk about the issues that plague the lives of one too many people, and
ask for changes that will create the Malaysia Madani the unity
government wanted.
"The 'I' in Madani stands for 'ihsan' which asks for us to treat everyone, especially minorities, with empathy and kindness.
"Our
demands are meant to highlight to the government nine areas that must
be addressed immediately to ensure that the basic rights of everyone are
no longer trampled upon in Malaysia," it said, adding that Article 10
of the Malaysian Federal Constitution clearly states that every citizen
has the right to freedom of speech and expression, all citizens have the
right to assemble peaceably and without arms.
It said the
organisers of Women's March 2023 took all the necessary steps to inform
relevant authorities and follow the rules and regulations in place
before the march.
"Malaysia has an obligation as a signatory to
the Convention on the Elimination of All Forms of Discrimination Against
Women (Cedaw) to ensure the full protections of human rights for women
and girls, including transgender people and sexual minorities.
"The
heavy-handed reaction of the police against peaceful protestors at a
Womens March will reflect badly on Malaysia's upcoming Cedaw review this
year, shining light on the disproportionate use of police powers on a
national and international level," it said adding that the police should
refrain from investigating and charging anyone merely for exercising
the fundamental right to peacefully assemble, instead allocating
priority towards more pressing injustices raised during the Women's
March, such as child marriage, online and physical gender-based
violence, and protecting groups facing marginalisation.
It said
that this was a critical time for the newly-elected government to show
its commitment towards improving its human rights record by making it an
obligation to assess the impact towards citizens' rights in peaceful
assemblies.
"We urge the government to address the trust-deficit
of citizens towards our core institutions, and restore public
confidence by acting on the accepted UN recommendation 151.147: revise
the Peaceful Assembly Act in order to eliminate discrimination and
hindrance to the freedom of association and peaceful assembly.
"If
that is the vision for a new and improved Malaysia, why are the
authorities going against the very principle of what the Malaysian
Government claims it stands for?" it asked. - Star, 13/3/2023
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