Kuala lumpur: The Alliance for a Safe Community has advocated for a review of the Peaceful Assembly Act 2012 to ensure it fully upholds the constitutional right to freedom of assembly. This call follows a Federal Court ruling that deemed a provision of the law unconstitutional. Tan Sri Lee Lam Thye, the chairman, emphasized that this landmark decision serves as a crucial reminder that laws must align with the fundamental liberties enshrined in the Federal Constitution.
According to BERNAMA News Agency, Lee supports the Human Rights Commission of Malaysia’s (SUHAKAM) call for the government to engage civil society groups, legal experts, and other key stakeholders in the review process. He stressed that inclusive consultation is essential to ensure that any amendments are practical, balanced, and reflective of the aspirations of a democratic society.
Lee highlighted several key principles for consideration in the review, including ensuring the amended law aligns with Article 10 of the Federal Constitution. This article guarantees the right to assemble peacefully without arms, subject only to reasonable restrictions related to national security, public order, and morality. He further suggested that the amended law should eliminate provisions imposing excessive or disproportionate penalties on organizers or participants to avoid deterring lawful public assemblies.
Lee also noted that the law should offer clear, reasonable, and non-burdensome procedures for organizing assemblies, ensuring that administrative requirements do not obstruct the exercise of constitutional rights. Additionally, the principle of proportionality should be upheld, with restrictions being strictly necessary and the least intrusive means of achieving legitimate aims.
The law should protect participants from harassment or arbitrary actions, with clear guidelines for law enforcement to manage assemblies with a focus on dialogue and de-escalation. Lee underscored that the right to peaceful assembly is a hallmark of a mature democracy and should be seen as a legitimate avenue for citizens to express opinions, engage in public discourse, and hold decision-makers accountable.
Lee concluded by urging 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.