Malaysia

‘Law on public protests a tool for harassment, needs amending’

Rights group calls for charges against protesters to be dropped

Updated 4 years ago · Published on 18 Aug 2022 2:14PM

‘Law on public protests a tool for harassment, needs amending’
Sevan Doraisamy notes that there had been no charges under Section 9 of the PAA in the past two years and questions if the charges today were applied for political reasons in light of a looming general election. – Screen grab pic, August 18, 2022

KUALA LUMPUR – Human rights group Suara Rakyat Malaysia (Suaram) has called for amendments to the Peaceful Assembly Act (PAA) 2012, following charges against three youth politicians and activists over their participation in recent protest gatherings. 

Earlier today, Amanah Youth chief Hasbie Muda, Batu PKR Youth chief Muhd Sabda Suluh Lestari Yahya, and International Islamic University Student Union president Aliff Naif Mohd Fizam were charged at separate magistrates’ courts here. 

All three pleaded not guilty to their charges of failing to notify police five days before staging gatherings, an offence under Section 9(1) of the PAA. 

Following the charges, Suaram executive director Sevan Doraisamy called the legal action an assault on the constitutional right of peaceful assembly.

“Despite the PAA having been amended, it is still susceptible to abuse as countless activists – including those from Suaram – have been harassed by police investigations whenever a public assembly is called,” he said in a statement.

He pointed out that there had been no charges under Section 9 of the PAA in the past two years and questioned if the charges today were applied for political reasons in light of a looming general election.

“Most assemblies conducted during the pandemic era were civil and peaceful. (What are) the necessity of these charges? Given how the timing coincides with an impending general election… were these charges applied for political expediency?” he questioned. 

Sevan also pointed out that the act in its present form fails to address long-standing criticism from civil society groups and remains a “harassment tool subject to abuse by the state.” 

“Additional provisions must be made available for rallies of a spontaneous nature,” he said, noting that since public rallies are often held in reaction to public issues, a five-day notice might be “impossible or unfeasible”. 

Calling on authorities to retract the charges against the trio, he stressed that the government must “walk the talk” by realising its international promise, seeing as how Malaysia is a member of the United Nations’ Human Rights Council. 

Hasbie’s charge today was related to an event he had organised at Masjid Jamek, Kg Baru in July, while Sabda’s charge concerned a protest in front of the Sogo shopping complex on July 9. 

Aliff’s charge also involved a protest at the latter location on July 23.   

Hasbie and Aliff were both allowed bail of RM3,000 while Sabda was granted bail of RM7,000. 

If convicted, the three youths could be fined a maximum of RM10,000. – The Vibes, August 18, 2022

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