By Tan Sri Lee Lam Thye, Chairman Alliance for a Safe Community
KOTA KINABALU: The Alliance for a Safe Community welcomes the Government’s decision to review the Peaceful Assembly Act 2012 following the recent landmark ruling by the Federal Court that a certain provision of the Act is unconstitutional.
This ruling is a timely reminder that our laws must always be consistent with the fundamental liberties guaranteed under the Federal Constitution, particularly the right to freedom of assembly.
We also fully support the call by SUHAKAM for the Government to engage civil society groups, legal experts, and all relevant stakeholders in this review process.
Inclusive consultation is vital to ensure that any amendments made are practical, balanced, and reflective of the aspirations of a democratic society.
In reviewing the Act, it is essential that the amended law:
1. Fully aligns with Article 10 of the Federal Constitution, which guarantees the right to assemble peacefully without arms, subject only to reasonable restrictions in the interest of national security, public order, and morality.
2. Removes provisions that impose excessive or disproportionate penalties for organisers or participants, so as not to deter lawful public assemblies.
3. Provides clear, reasonable, and non-burdensome procedures for organising assemblies, ensuring that administrative requirements do not become barriers to exercising constitutional rights.
4. Upholds the principle of proportionality — any restrictions must be strictly necessary and the least intrusive means to achieve a legitimate aim.
5. Protects participants from harassment or arbitrary action, with clear guidelines for law enforcement to manage assemblies in a way that prioritises dialogue and de-escalation.
The right to peaceful assembly is a hallmark of a mature democracy. It must not be seen as a threat, but rather as a legitimate avenue for citizens to express opinions, participate in public discourse, and hold decision-makers accountable.
We urge the Government to ensure that the amended Peaceful Assembly Act not only complies with the Federal Court’s decision but also strengthens Malaysia’s reputation as a nation that respects human rights, democratic freedoms, and the rule of law.
