Amended Peaceful Assembly Act Must Reflect Constitutional Freedom – Lee

KUALA LUMPUR, Aug 9 (Bernama) -- The Alliance for a Safe Community has called for a review of the Peaceful Assembly Act 2012 to fully uphold the constitutional right to freedom of assembly, following a Federal Court ruling that declared a provision of the law unconstitutional.

Its chairman, Tan Sri Lee Lam Thye, said the landmark decision is a timely reminder that laws must always be consistent with the fundamental liberties guaranteed under the Federal Constitution.

“We also fully support the call by the Human Rights Commission of Malaysia (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,” he said in a statement today.

Lee outlined several key principles to be considered in the review, including ensuring that the amended law 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.

He said the amended law should also remove provisions that impose excessive or disproportionate penalties for organisers or participants so as not to deter lawful public assemblies.

Lee added that it should provide clear, reasonable and non-burdensome procedures for organising assemblies to ensure administrative requirements do not become barriers to exercising constitutional rights.

He said the law should likewise uphold the principle of proportionality, where any restrictions must be strictly necessary and the least intrusive means to achieve a legitimate aim.

It should also protect participants from harassment or arbitrary action, with clear guidelines for law enforcement to manage assemblies in a manner that prioritises dialogue and de-escalation, he added.

Lee also stressed that the right to peaceful assembly is a hallmark of a mature democracy and 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 freedom, and the rule of law,” he added.

-- BERNAMA