A HUMAN rights group has urged the Government to retract the charges laid against two politicians and a student activist for failing to notify the police over separate peaceful gatherings they held to protest rising costs of living. 

Suara Rakyat Malaysia (SUARAM) also called on the authorities to amend the Peaceful Assembly Act (2012), which governs public assemblies, to ensure the law truly facilitates assembly instead of being a “political tool that stifles dissent”. 

Earlier today, Amanah Youth chief Hasbie Muda, Batu PKR Youth chief Muhd Sabda Suluh Lestari Yahya and International Islamic University Malaysia (IIUM) student union president Aliff Naif Mohd Fizam were charged under Section 9(5) of the PAA. 

According to media reports, the trio failed to notify the police five days before protest gatherings were held in Kuala Lumpur – at Masjid Jamek on July 1; outside the SOGO shopping complex on July 9, and; outside SOGO on July 23, respectively. 

All three men pleaded not guilty and were allowed bail between RM3,000 to RM7,000. 

In a statement today, SUARAM executive director Sevan Doraisamy expressed concern with the call for investigations and subsequent charging of the trio, saying the protests were peaceful ones and which were also monitored by the police. 

“Therefore, the charges laid are an assault to the right of peaceful assembly as enshrined under Article 10 of the Federal Constitution,” Sevan said. 

He added that based on SUARAM’s documentation, there were no charges in 2020 and 2021 under Section 9 of the PAA over instances of allegedly not notifying the police over public assemblies. 

This, he said, shows that most assemblies that happened during the COVID-19 pandemic era in Malaysia were conducted in a civil and peaceful manner. 

“Therefore, SUARAM questions the necessity of these charges. 

“Given that the timing of these charges also coincides with the date of an impending general election, SUARAM also wonders whether these charges were applied for political expediency,” he added.  

“Time to walk the talk”

The “curtailment” of the right to peaceful assembly does not bode well with the fact that Malaysia is a member of the United Nations (UN) Human Rights Council (HRC), Sevan noted further. 

“This is all the more concerning when the same HRC, in the recent 50th session, called for the promotion and protection of human rights in the context of peaceful protests. 

“It is imperative that the Government should walk the talk by realising the commitments that they are promising internationally,” Sevan said. 

Sevan also noted that while the Pakatan Harapan administration made “feeble amendments” to the PAA in 2019 to address shortcomings in the law, it remains “susceptible to abuse”. 

This, he said, is evident from all the times since then when activists were “harassed” by the police whenever there is a public assembly, including those from SUARAM. 

“The Act in its present form fails to address long-standing criticism from civil society,” he said. “It still remains as a harassment tool subject to abuse from the state.” 

For instance, the recent amendment shortened the 10-day notice to five, which Sevan said was an “improvement” but still does not address the “fundamental issue” with the need for notice if there are spontaneous assemblies. 

“Public rallies are often spontaneous as they react to current events, so it may be impossible or unfeasible to give a five-day notice,” Sevan explained.  

A notice period is acceptable for pre-planned rallies and gatherings as organisers would have “ample time” to coordinate themselves and liaise with the police, he clarified.  

“However, additional provisions must be made available for rallies of a spontaneous nature, such as the recent protests of rising prices.” – Aug 18, 2022