Peaceful Assembly Act
Encyclopedia
The Peaceful Assembly Act 2011 (PAA; ) is the law which regulates public protests in Malaysia. According to the Barisan Nasional
government, the Act allows citizens to organise and participate in assemblies peaceably and without arms, subject to restrictions deemed necessary and in the interest of public order and security.
The Act was drafted four months after the Bersih 2.0 rally
and two months after the government announced its intention to amend the Police Act
. It was tabled in Parliament
on 22 November 2011 and passed by the lower house on 29 November.
The PAA has been strongly criticised by the opposition, which says that the new law if passed will crackdown on the right to protest instead of safeguarding it. The Bar Council
and various civil society leaders have also spoken out against the Act.
address on 15 September 2011, including repealing the Internal Security Act
and abolishing permits for the print media.
An editorial by the United Malays National Organisation
(UMNO)-owned New Straits Times
said the PAA "is a step, among recent others, [by Najib] to fulfil the promises made in his Malaysia Day address, which included a repeal of stringent laws that had outlived their usefulness." It said the the bill "will enable peaceful airings of grievances and other expressions through public assemblies" without being a "carte blanche for unruly street protests". According to the NST, this is a step by Najib "to take the country’s constitutional democracy to a higher and more mature plane."
While debating the law in Parliament, Najib described it as "revolutionary in nature and a giant leap in terms of improving on current laws." Two government members of parliament have hailed the proposed Act as a step towards the government becoming more accepting of public assemblies. Former Prime Minister Mahathir Mohamad praised the PAA as having "good intentions... besides preventing certain quarters from taking advantage of a situation, so that violence does not become a problem to the country."
The PAA was passed by the Dewan Rakyat
on 29 November 2011 with no dissenting votes after opposition members of parliament staged a walkout during the final debate. Some 500 people staged a protest outside Parliament during the vote.
, which means police permits for mass assemblies will no longer be required. Instead, organisers must notify the officer in charge of the police district (OCPD) within 10 days before the gathering date. The OCPD will respond to the notification within five days, outlining the restrictions and conditions imposed.
An organiser may appeal to the Minister of Home Affairs
if he/she feels aggrieved by the restrictions and conditions and the minister will respond within two days. Any person convicted of failing to comply with the restrictions and conditions can be fined up to RM
10,000.
The PAA also bans any assembly in the form of street protest.
Any person below the age of 21 cannot be an organiser. Any person below the age of 15 cannot participate in an assembly.
The proposed Act also bars any gathering within 50 m of "prohibited places" such as hospitals, petrol stations, airports, railway stations, places of worship and schools.
said the Bill "gives absolute powers to the police, with which the appeal rests with the minister. This is not democractic." Democratic Action Party
MP Lim Kit Siang warned against "forcing" the Bill through Parliament without public consultation.
Bar Council
president Lim Chee Wee said the new legislation is more restrictive than the present one. "History is full of civil disobedience and events, which have led to changes for the better in the country... Processions or assemblies in motion are very much deep in the history of Malaysia ... which is why we urge the government — do not, with the stroke of the pen, strike back against the very foundation of this nation," he said. On the day of voting, the Bar Council led hundreds of lawyers in a "Walk for Freedom" march from Lake Gardens
to Parliament house.
Bersih 2.0 leader Ambiga Sreenevasan
has also voiced her opposition to the PAA, saying, "This Bill restricts our rights as much as possible. It gives unfettered powers to the minister and the police to further restrict the freedom to assemble. It impinges on free speech. In short, it will stymie legitimate dissent in our country."
Barisan Nasional
Barisan Nasional is a major political coalition in Malaysia, formed in 1973 as the successor to the Alliance . Along with its predecessor, it has been Malaysia's federal ruling political force since independence...
government, the Act allows citizens to organise and participate in assemblies peaceably and without arms, subject to restrictions deemed necessary and in the interest of public order and security.
The Act was drafted four months after the Bersih 2.0 rally
Bersih 2.0 rally
The Bersih 2.0 rally was a demonstration in Kuala Lumpur held on 9 July 2011 as a follow-up to the 2007 Bersih rally. The rally, organised by the Coalition for Clean and Fair Elections , was supported by Pakatan Rakyat, the coalition of the three largest opposition parties in Malaysia, but was...
and two months after the government announced its intention to amend the Police Act
Police (Malaysia) Act 1967
The Police Act 1967 of Malaysia is the Act of Parliament governing which governs the constitution, control, employment, recruitment, funds, discipline, duties, and powers of the Royal Police of Malaysia including Royal Malaysia Police Reserve and the Royal Malaysia Police cadet Corps. It was...
. It was tabled in Parliament
Parliament of Malaysia
The Parliament of Malaysia is the national legislature of Malaysia, based on the Westminster system. The bicameral parliament consists of the House of Representatives and the Senate. The King as the Head of State is the third component of Parliament....
on 22 November 2011 and passed by the lower house on 29 November.
The PAA has been strongly criticised by the opposition, which says that the new law if passed will crackdown on the right to protest instead of safeguarding it. The Bar Council
Malaysian Bar
The Malaysian Bar is a professional body which regulates the profession of lawyers in peninsular Malaysia. In Malaysia, there is no distinction between a barrister and a solicitor, in that, it is a fused profession. Membership into the bar is automatic and mandatory. The bar was created under the...
and various civil society leaders have also spoken out against the Act.
Background
Prime Minister Najib Razak promised multiple reform initiatives on his Malaysia DayMalaysia Day
Malaysia Day is held on September 16 every year to commemorate the establishment of the Malaysian federation on the same date in 1963. It marked the joining together of Malaya, North Borneo, Sarawak, and Singapore to form Malaysia...
address on 15 September 2011, including repealing the Internal Security Act
Internal Security Act (Malaysia)
The Internal Security Act 1960 is a preventive detention law in force in Malaysia. The legislation was enacted after Malaysia gained independence from Britain in 1957. The ISA allows for detention without trial or criminal charges under limited, legally defined circumstances...
and abolishing permits for the print media.
An editorial by the United Malays National Organisation
United Malays National Organisation
The United Malays National Organisation, is Malaysia's largest political party; a founding member of the National Front coalition, which has played a dominant role in Malaysian politics since independence....
(UMNO)-owned New Straits Times
New Straits Times
The New Straits Times is an English-language newspaper published in Malaysia. It is Malaysia's oldest newspaper still in print , having been founded as The Straits Times in 1845, and was reestablished as the "New Straits Times" in 1965. The paper served as Malaysia's only broadsheet format English...
said the PAA "is a step, among recent others, [by Najib] to fulfil the promises made in his Malaysia Day address, which included a repeal of stringent laws that had outlived their usefulness." It said the the bill "will enable peaceful airings of grievances and other expressions through public assemblies" without being a "carte blanche for unruly street protests". According to the NST, this is a step by Najib "to take the country’s constitutional democracy to a higher and more mature plane."
While debating the law in Parliament, Najib described it as "revolutionary in nature and a giant leap in terms of improving on current laws." Two government members of parliament have hailed the proposed Act as a step towards the government becoming more accepting of public assemblies. Former Prime Minister Mahathir Mohamad praised the PAA as having "good intentions... besides preventing certain quarters from taking advantage of a situation, so that violence does not become a problem to the country."
The PAA was passed by the Dewan Rakyat
Dewan Rakyat
The Dewan Rakyat is the lower house of the Parliament of Malaysia. All bills must usually be passed by both the Dewan Rakyat and the Dewan Negara , before they are given Royal Assent by the Yang di-Pertuan Agong...
on 29 November 2011 with no dissenting votes after opposition members of parliament staged a walkout during the final debate. Some 500 people staged a protest outside Parliament during the vote.
Provisions
The PAA will replace Section 27 of the Police ActPolice (Malaysia) Act 1967
The Police Act 1967 of Malaysia is the Act of Parliament governing which governs the constitution, control, employment, recruitment, funds, discipline, duties, and powers of the Royal Police of Malaysia including Royal Malaysia Police Reserve and the Royal Malaysia Police cadet Corps. It was...
, which means police permits for mass assemblies will no longer be required. Instead, organisers must notify the officer in charge of the police district (OCPD) within 10 days before the gathering date. The OCPD will respond to the notification within five days, outlining the restrictions and conditions imposed.
An organiser may appeal to the Minister of Home Affairs
Ministry of Home Affairs (Malaysia)
Ministry of Home Affairs in Malaysia is a Malaysian government ministry in charge of domestic affairs such as public safety, civil defence and immigration.- British colony :...
if he/she feels aggrieved by the restrictions and conditions and the minister will respond within two days. Any person convicted of failing to comply with the restrictions and conditions can be fined up to RM
Ringgit
Ringgit mostly refers to the Malaysian ringgit, which is the local currency in Malaysia, but it can also refer to the Brunei dollar or Singapore dollar in the Malay language. The word ringgit was originally used to refer to the serrated edges of Spanish silver dollars widely circulated in the area...
10,000.
The PAA also bans any assembly in the form of street protest.
Any person below the age of 21 cannot be an organiser. Any person below the age of 15 cannot participate in an assembly.
The proposed Act also bars any gathering within 50 m of "prohibited places" such as hospitals, petrol stations, airports, railway stations, places of worship and schools.
Criticism
Opposition leaders have called the PAA "undemocratic" and have asked for it to be withdrawn. Leader of the Opposition Anwar IbrahimAnwar Ibrahim
Anwar bin Ibrahim is a Malaysian politician who served as Malaysian Deputy Prime Minister from 1993 to 1998. Early in his career, Anwar was a close ally of Prime Minister Mahathir bin Mohamad but subsequently emerged as the most prominent critic of Mahathir's government.In 1999, he was sentenced...
said the Bill "gives absolute powers to the police, with which the appeal rests with the minister. This is not democractic." Democratic Action Party
Democratic Action Party
The Democratic Action Party, or DAP is a secular, multi-racial, social democratic Malaysian political party.The DAP is one of the three major opposition parties in Malaysia, along with the PKR and PAS, that are seen as electable alternatives to the Barisan Nasional coalition of parties...
MP Lim Kit Siang warned against "forcing" the Bill through Parliament without public consultation.
Bar Council
Malaysian Bar
The Malaysian Bar is a professional body which regulates the profession of lawyers in peninsular Malaysia. In Malaysia, there is no distinction between a barrister and a solicitor, in that, it is a fused profession. Membership into the bar is automatic and mandatory. The bar was created under the...
president Lim Chee Wee said the new legislation is more restrictive than the present one. "History is full of civil disobedience and events, which have led to changes for the better in the country... Processions or assemblies in motion are very much deep in the history of Malaysia ... which is why we urge the government — do not, with the stroke of the pen, strike back against the very foundation of this nation," he said. On the day of voting, the Bar Council led hundreds of lawyers in a "Walk for Freedom" march from Lake Gardens
Lake Gardens, Kuala Lumpur
Lake Gardens is Kuala Lumpur's first large-scale recreational park. Measuring 91.6 hectares, it is located in the heart of the city and established in 1888. Lake Gardens served as place of refuge from the hustle and bustle of the city during colonial times...
to Parliament house.
Bersih 2.0 leader Ambiga Sreenevasan
Ambiga Sreenevasan
Dato' Ambiga Sreenevasan is a Malaysian lawyer who served as the President of the Malaysian Bar Council from 2007 to 2009. She is a former student of Convent Bukit Nanas and served as the Head Prefect in 1975....
has also voiced her opposition to the PAA, saying, "This Bill restricts our rights as much as possible. It gives unfettered powers to the minister and the police to further restrict the freedom to assemble. It impinges on free speech. In short, it will stymie legitimate dissent in our country."