Suhakam's Recommendations and Its Application In The Peaceful Assembly Act 2012

Mazita Mohamed,Azlin Namili Mohd Ali,Rohana Abdul Rahman,Haslinda Mohd Anuar,Rusniah Ahmad,Muhammad Firdaus Bidin

doi:10.32890/uumjls.7.2016.4639

Mazita Mohamed, Azlin Namili Mohd Ali + Show 4 more

Open Access

https://doi.org/10.32890/uumjls.7.2016.4639

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Abstract

In Malaysia, a provision on peaceful assembly is stipulated under Article 10 of the Federal Constitution which combines the freedom of speech, peaceful assembly and association. However, these freedoms have restrictions which are usually justified under the broad stroke of maintaining racial harmony and public order. Prior to 23 April 2012, section 27 of the Police Act was implemented to govern a public assembly, and the enactment of the Peaceful Assembly Act 2012 (PAA 2012), then, gives some light to the right of assemble peacefully. The objective of this article is to examine by comparing SUHAKAM’s recommendations with the Peaceful Assembly Act 2012. To achieve the objective, the doctrinal legal research has been used, specifically the analytical and comparative methods. Keywords: Peaceful Assembly, Act, Police, SUHAKAM, Recommendation

Highlights

The National Key Result Areas 1 (NKRA 1) under the Government Transformation Plan (GTP) has been introduced in 2009 by the Prime Minister of Malaysia to reduce crime
The focus areas are improving the justice system and increasing public satisfaction with the Royal Malaysian Police performance. In conjunction with this effort, the Prime Minister had announced on 15 September 2011, during the Malaysian Day Message, that ‘The Government will review section 27 of the Police Act 1967, taking into consideration Article 10 of the Federal Constitution regarding freedom of assembly and so as to be in line with international norms on the same matter.’
It is discovered that the Peaceful Assembly Act 2012 (PAA) 2012 complies with only a few of the recommendations made by Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM) in 2002, namely on: a) the details to be submitted for applying permits (c.f. notification); b) the appointment of ‘marshall’; c) guidelines for organiser; d) communication between police and organiser; e) the requirement of notification instead of permit; f) conditions to be imposed on organiser in maintaining public order; g) 10 days notification to the police before procession is scheduled; h) conditions to be imposed on organiser of procession as for assemblies; i) amendment, deletion and reversal of section 27 of the PA

Summary

INTRODUCTION

The National Key Result Areas 1 (NKRA 1) under the Government Transformation Plan (GTP) has been introduced in 2009 by the Prime Minister of Malaysia to reduce crime. The focus areas are improving the justice system and increasing public satisfaction with the Royal Malaysian Police performance In conjunction with this effort, the Prime Minister had announced on 15 September 2011, during the Malaysian Day Message, that ‘The Government will review section 27 of the Police Act 1967, taking into consideration Article 10 of the Federal Constitution regarding freedom of assembly and so as to be in line with international norms on the same matter.’. SUHAKAM suggested some improvements in granting the police permit; a clear guideline to the organiser; a good communication between the police and organiser; a clear procedure of dispersal of an assembly J) A provision should be included to allow external parties, such as the Commission, the Bar Council and other relevant statutory bodies, to monitor public assemblies

DISCUSSION

CONCLUSION