A progressive ruling for the right to dissent

Harapandaily

By: Mandeep Singh

The Federal Court has just delivered one of the most important rulings on peaceful assembly in Malaysia.

The Peaceful Assembly Act 2012 (PAA) came into force on 24 April 2012, just four days before one of the most historic rallies in the country, BERSIH 3.0.

The PAA was intended to replace Section 27 of the Police Act, and was meant to promote and facilitate peaceful assemblies.

However, over the years, it has been used as a tool to criminalise peaceful protesters. Politicians, activists, students, members of the public, and many others have been charged under this Act.

I’ve always argued that there’s no need for the 10-day advance notification requirement (prior to the amendment) under Section 9(5).

This is because enforcement authorities are usually already aware when a rally is being organised.

In many cases, no approval is granted, even when organisers have complied with all conditions.

Often, after submitting a notice, the rally would be declared ‘illegal’.

Yesterday’s landmark decision is not just any ruling. It marks progress toward one of BERSIH’s key demands under BERSIH 4 and 5: the right to dissent.

As a former leader of the movement, I applaud the Federal Court’s decision. The irony is that this demand was finally achieved through legal reform via the courts.

Let us now celebrate what is enshrined in our Federal Constitution, which under Article 10(1)(b) guarantees:

“All citizens have the right to assemble peaceably and without arms.”

Kudos to all of you who have participated in peaceful gatherings or supported this journey over the years.

Mandeep Singh is a former BERSIH activist.