Citing 'durian' protest, MP asks why cops unaware of PAA amendments
Alyaa Alhadjri, Hariz Mohd & N Faizal Ghazali
Published: Oct 22, 2024 6:29 PM
PARLIAMENT | A backbencher today questioned the Home Ministry about the alleged failure by certain district police chiefs to comply with the amended provision of the Peaceful Assembly Act 2012.
Specifically, Chow Yu Hui (Harapan-Raub) said assembly organisers are now required under the PAA to submit a notice five days ahead, however, Raub district police chief Mohd Shahril Abdul Rahman cited a previous 10-day notice requirement, denying a group of durian farmers their right to gather.
“Why are some police still unaware of the change in the assembly notice period from 10 days to five days before the assembly?
“And how can the police urge the public not to attend a peaceful assembly, when freedom to assemble is guaranteed in Article 10 of the Federal Constitution and also the PAA?,” Chow (above) said to Deputy Home Minister Shamsul Anuar Nasarah during the Minister’s Question Time in the Dewan Rakyat.
Shamsul (BN-Lenggong), however, said he did not have specific information about the case and promised to provide Chow with a written answer.
On Sept 5, Malaysiakini reported that Raub police advised the public not to participate in a planned gathering of durian farmers at Dataran Pasar Sungai Klau in Raub.
At the time, Shahril said strict action would be taken against any party participating in the assembly, as it did not obtain the permission of the owner of the location as required under PAA.
Save Musang King Alliance (Samka) chairperson Wilson Chang, however, cited Inspector-General of Police Razarudin Hussain’s statement that peaceful assemblies do not require any police permit, and organisers are only required to provide a five-day advance notice.
Shamsul today said while the government respects the right to freedom of expression at all levels, the freedom of speech and assembly guaranteed under the Federal Constitution is not absolute.
Shamsul Anuar Nasarah
“The enforcement of the Public Assembly Act 2012 based on Article 10(2)(b) is aimed at maintaining order and in the context of the assembly it is to avoid unwanted things happening during the assembly.
“The actions and SOPs taken by the police based on the provisions of this Act, which was amended in 2019, include the notification period shortened from 10 to five days. Regardless, we give freedom for any party to hold an assembly,” he explained.
“The enforcement of the Public Assembly Act 2012 based on Article 10(2)(b) is aimed at maintaining order and in the context of the assembly it is to avoid unwanted things happening during the assembly.
“The actions and SOPs taken by the police based on the provisions of this Act, which was amended in 2019, include the notification period shortened from 10 to five days. Regardless, we give freedom for any party to hold an assembly,” he explained.
PDRM has never been receptive of the "Peaceful Assembly Act" , stuck as they are in the past mentality of any Public Assembly must be approved by the police, even though the PAA make clear Police Permits are no longer necessary.
ReplyDeleteThere are , of course, conditions that have to be met on ensuring traffic flow, and if the Assembly passes through private property , the owner's.agreement is required.