The Freedom of Peaceful Assembly in Malaysia: Pre and Post the 2012 Amendment
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Freedom of assembly, despite of its pivotal role in shaping Malaysia as a democratic country and of the controversies surrounding it, is less discussed in academic debates. Looking back at the history of Malaysia’s independence, it is said the peaceful assemblies had been accorded as agents of change and good long before the right to assemble in peace was formally established in the Federal Constitution. In February 1946, the first assembly in motion was organized and attended by 15,000 individuals, objecting over the establishment of the Malayan Union which disrepute the Malay rulers and Malays’ privileges. The procession was among the successful efforts where eventually it led to Malaysia’s independence. For the past 6 decades after its formal adoption into the Constitution, the right to peaceful assembly has experiencing dynamic changes. It is also said the enactment of the Peaceful Assembly Act 2012 has illustrated some of the worst and yet the most encouraging aspects of the law and the legal culture in Malaysia, particularly after it replaced the former legislation. This article attempts to; (1) discuss the relevant laws on the right to peaceful assembly, (2) review the brief chronologies on the enactment of the Peaceful Assembly Act 2012, and (3) review on few legal cases that were related with the right to peaceful assembly.
Abstract
Freedom of assembly, despite of its pivotal role in shaping Malaysia as a democratic country and of the controversies surrounding it, is less discussed in academic debates. Looking back at the history of Malaysia’s independence, it is said the peaceful assemblies had been accorded as agents of change and good long before the right to assemble in peace was formally established in the Federal Constitution. In February 1946, the first assembly in motion was organized and attended by 15,000 individuals, objecting over the establishment of the Malayan Union which disrepute the Malay rulers and Malays’ privileges. The procession was among the successful efforts where eventually it led to Malaysia’s independence. For the past 6 decades after its formal adoption into the Constitution, the right to peaceful assembly has experiencing dynamic changes. It is also said the enactment of the Peaceful Assembly Act 2012 has illustrated some of the worst and yet the most encouraging aspects of the law and the legal culture in Malaysia, particularly after it replaced the former legislation. This article attempts to; (1) discuss the relevant laws on the right to peaceful assembly, (2) review the brief chronologies on the enactment of the Peaceful Assembly Act 2012, and (3) review on few legal cases that were related with the right to peaceful assembly.
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