RIGHTS OF PEACEFUL ASSEMBLY AND

GOOD GOVERNANCE

Literature review

BY
Yogganantniy Kannuvu Naidu
(012016090794)
Sharvin Shaji
(012016090971)

Prepared for
Dr Saslina Binti Kamaruddin
CONTEXT

Article 10 (1) of the Federal constitution of Malaysia grants Malaysian residents freedom of
speech, the right to assemble peaceably, and the right to form association1. But, those freedom
and rights aren't absolute because Articles 10 (2),(3) and (4) permits Parliament to impose
restrictions inside the interest of the security of the Federation, friendly members of the family
with different nations, public order, morality, to guard the privileges of Parliament, to offer
against contempt of courtroom, defamation, or incitement to any offence2.

Below the public Order (Preservation) Act 1958, the Minister may temporarily claim any place in
which public order is critically disturbed or seriously threatened to be a confined area for a sure
time period3. This gives the police full-size powers under the Act to preserve public order in
proclaimed areas. those encompass the energy to shut roads, erect obstacles, impose curfews,
and to restrict or modify processions, meetings or assemblies of five person or more4.

Every other regulation that formerly curtailed the freedoms underneath Article 10 is the Police
Act 1967, which criminalised the collection of five or greater humans in a public vicinity without a
permit5. however, the applicable sections of the Police Act managing such gatherings were
repealed via the Police (Amendment) Act 2012, which came into operation on 23 April 2012.
The Peaceful Assembly Act 2012, which got here into operation on the identical day, replaced
the Police Act as the most important regulation managing public gatherings6.

1
(n.d.). FEDERAL CONSTITUTION. Retrieved March 12, 2019, from
http://www.agc.gov.my/agcportal/uploads/files/Publications/FC/Federal%20Consti%20(BI%20text).pdf
2
(n.d.). Federal Constitution Article 10: Freedom of Speech, Assembly and .... Retrieved March 12, 2019,
from ​http://www.rsog.com.my/media/558.pdf
3
(2010, January 21). Restrictions of Article 10 of the Federal Constitution. Retrieved March 12, 2019,
from
http://www.eraconsumer.org/eraconsumer/index.php?option=com_content&view=article&id=245:restrictio
ns-of-article-10-of-the-federal-constitution&catid=77:malaysian-law-a-legal-system&Itemid=103
4
(n.d.). public order (preservation) act 1958 - Police and Human Rights .... Retrieved March 12, 2019,
from
http://policehumanrightsresources.org/wp-content/uploads/2016/07/Public-Order-Preservation-Act-Malays
ia-1958.pdf
5
(1988, October 6). Police Act 1967. Retrieved March 12, 2019, from
http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Act%20344%20-%20Police%20Act
%201967.pdf
6
(n.d.). Peaceful Assembly Act 2012 – Global Bersih. Retrieved March 12, 2019, from
https://www.globalbersih.org/resources/malaysian-laws/peaceful-assembly-act/
The peaceful assembly Act offers citizens the right to organise and take part in peaceful
assemblies subject to the regulations under the Act. underneath the regulation, residents are
allowed to hold assemblies, which include processions furnished that prior note is given to the
police. No notice is required for positive styles of assemblies, along with wedding ceremony
receptions, funeral processions, open homes all through gala's, own family gatherings, non
secular assemblies and assemblies at precise places of assembly. section 15 empowers the
police to offer restrictions on assemblies7.

However, street protests although, which encompass mass marches or rallies, are not
approved. section 4(1) states that the proper to bring together does not encompass a “street
protest”. consequently a “street protest” is illegal by way of distinctive feature of Peaceful
Assembly Act 201289.

So, while we have legal guidelines to allow freedom of meeting, we additionally have laws which
are greater essential to protect public order. The Constitution plus the Acts of Parliament are
very clear on this.

7
(n.d.). Freedom of Peaceful Assembly Act Chapter One - ILO. Retrieved March 12, 2019, from
http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/106007/129796/F1856810830/MDV106007.pdf
8
(2016, October 5). Malaysia: Drop Charges for 'Street Protests' | Human Rights Watch. Retrieved March
12, 2019, from ​https://www.hrw.org/news/2016/10/05/malaysia-drop-charges-street-protests
9
(2016, October 5). Malaysia: Drop Charges for 'Street Protests' | Human Rights Watch. Retrieved March
12, 2019, from ​https://www.hrw.org/news/2016/10/05/malaysia-drop-charges-street-protests
The problem and challenges

The right to form associations, clubs, and other groups, as well as to meet or talk with people
individually without government interference, is identified as a fundamental freedom under
Article 20 of the ​Universal Declaration of Human Rights​, and is an essential component of any
society. This freedom can be exercised by practicing one’s faith with fellow believers, forming
labor unions and other civic groups, peacefully protesting unjust government policies, or simply
forming human connections, in person or online, on issues of common interest. But in more than
half of the world, this right is regularly infringed upon by governments, especially when it takes a
form that anti democratic regimes find threatening.

The government had several issues and challenges to apply the law and regulation of peaceful
assembly 2012 Faced with rising public opposition, the Malaysian government is also cracking
down on individuals involved in protests. The government initially did so by invoking section 9(5)
of the Peaceful Assembly Act (PAA)10, which makes it a criminal offense to hold a public
assembly without giving the government 10 days’ advance notice. Despite the fact that this
provision was held unconstitutional by the Malaysian Court of Appeal on April 25, 2014, the
government continued to invoke section 9(5) when arresting protesters until as late as April
2015, while also adding charges of “unlawful assembly” under section 143 of the penal code11.

A series of peaceful protests held in the wake of the Federal Court conviction of Anwar Ibrahim
The Kita Lawan rallies resulted in the arrest of numerous opposition politicians and activists,
many of whom were arrested at night and held in custody for several days. As Rafizi Ramli, one
of the opposition politicians who has been repeatedly arrested and held by the police points out
that the police are increasingly using that route to frighten, harass, and keep people away from
important functions12.

10
(n.d.). Malaysia: new Bill threatens right to peaceful assembly with arbitrary .... Retrieved March 12,
2019, from
https://newsarchive.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=11694&LangID=E
11
(​ n.d.). Malaysia - OHCHR. Retrieved March 12, 2019, from
https://www.ohchr.org/Documents/Issues/Defenders/GA73/states/Malaysia.pdf
12
(2016, November 11). The right to peaceful assembly - A Humble Submission | The Star Online.
Retrieved March 12, 2019, from
https://www.thestar.com.my/opinion/online-exclusive/a-humble-submission/2016/11/11/the-right-to-peacef
ul-assembly-unlike-the-police-act-before-this-the-peaceful-assembly-act-allows-as/
A demonstration on March 23, 2015, at the Kuala Lumpur Customs House intended to raise
questions about the imposition of the new goods and services tax resulted in the arrest of 79
people, including S. Arutchelvan, then secretary general of the Parti Sosialis Malaysia (PSM)
(Socialist Party of Malaysia). On April 23, 2015, 50 of those activists and politicians were
charged under section 447 of the penal code and section 21(d)(1) of the Peaceful Assembly Act
for criminal trespass and not abiding by an order to disperse. A largely peaceful rally against the
goods and services tax, held on May 1, 2015, resulted in another wave of arrests, including that
of prominent lawyer Ambiga Sreenevasen, who was detained for sedition and illegal assembly
and held overnight13.

Public indignation at reports implicating Prime Minister Najib in the 1MDB scandal and at the
government’s response to that reporting led to an August 1 protest organized by student
activists calling for Najib to resign. A much larger 34-hour protest, organized by Bersih and held
on August 29 and 30, also called for Najib’s resignation or for a vote of no confidence against
him, and for a host of institutional reforms to tackle corruption. Despite the fact that both
protests were peaceful, the organizers were accused of activity detrimental to parliamentary
democracy and arrested or summoned for questioning, as were some of the participants. No
charges related to those protests have yet been filed.

13
(2016, November 18). Malaysia's Bersih 5 rally: protesters weigh the cost of action under a ....
Retrieved March 12, 2019, from
http://theconversation.com/malaysias-bersih-5-rally-protesters-weigh-the-cost-of-action-under-a-repressiv
e-regime-68723