ARTICLE 19 is alarmed by statements made by Dang Wangi District police chief Sulizmie Affendy Sulaiman and Home Minister Saifuddin Nasution Ismail, who both claimed that organisers of the Himpunan Rakyat Benci Rasuah (The People Against Corruption rally) must obtain permission from Kuala Lumpur City Hall (DBKL) to gather outside the Sogo department store and Dataran Merdeka (Independence Square) according to the Peaceful Assembly Act 2012 (PAA).
The anti-corruption rally, which is scheduled to take place on 25 January, will proceed from the Sogo department store to Dataran Merdeka. Four days before the demonstration, the rally organisers were reprimanded by the Home Minister and the Dang Wangi police chief.
‘People have an unequivocal right to peaceful assembly in public spaces, and the authorities must facilitate, not obstruct, this right. Protests and assemblies empower people to make their voices heard beyond the ballot box. It is a fundamental right and must be given the utmost protection. We want to remind both the Home Minister and the Prime Minister that street protests have historically served as a powerful tool for those in the current government to voice their opposition to corruption and various governance challenges. It is crucial to recognise that the right to peaceful assembly and freedom of expression should be upheld consistently, without any double standards. Everyone should have the same opportunity to express their views, regardless of their political stance,’ said Senior Malaysia Programme Officer Nalini Elumalai. ‘The suggestion that DBKL’s permission is required to assemble at Dataran Merdeka is entirely unfounded and against the constitutional rights to peaceful assembly,’ said Nalini.
The PAA requires organisers to provide notification to the authorities, not to seek authorisation. Authorities have repeatedly ignored this critical distinction. These officials’ remarks are a gross misinterpretation of the PAA and constitute an unacceptable restriction on the right to peaceful assembly as enshrined in Article 10 of the Federal Constitution and international law and standards.
‘The Peaceful Assembly Act is routinely misused to restrict fundamental freedoms. The police must stop demanding that protesters require permission from them to undertake a protest, when all that is required is a notification. Such scare tactics call into question the reformist credentials of the Anwar Ibrahim government and its commitment to respect the right to peaceful assembly” said Josef Benedict, CIVICUS Asia Researcher. ‘The government must also take steps to revise the Peaceful Assembly Act 2012 to ensure it is consistent with international law and standards. This includes allowing space for spontaneous protests and removing discriminatory provisions in the law,’ said Benedict.
Issues of public interest such as corruption have been widely spoken about in the media, and scrutiny of further conversations and public expression, including demonstrations, undermine trust in public institutions and violate international human rights obligations. The right to peaceful assembly is a cornerstone of democracy, ensuring that the public can voice dissent and demand accountability. The authorities’ statements and threats of punitive action against rally participants are part of a worrying trend to create a climate of fear and stifle freedom of expression in Malaysia.