Peaceful assembly still under threat despite positive steps forward
3 days ago
Amnesty International Malaysia strongly condemns the arrest of activist Chegubard under the Sedition Act, Penal Code, Communications and Multimedia Act, and Minor Offences Act – just a couple of days after he joined the Turun Anwar protest in Kuala Lumpur.
The arrest highlights a worrying pattern of authorities using repressive laws to target peaceful protesters, even as the government claims to uphold reform and the constitutional principles of freedom of expression.
Rhetoric vs realityJust days ago, Prime Minister Anwar Ibrahim reaffirmed his commitment to democracy and freedom of speech, stating that criticism and differences in opinion should not be seen as hostility, but as part of a mature, progressive, and sovereign nation.
Yet the arrest of protesters like Chegubard tells a different story – one where peaceful dissent is still treated as a threat.
“You cannot claim to support freedom of expression while arresting peaceful protesters under colonial-era laws like the Sedition Act,” said Kiran Kaur, the freedom of expression campaigner at Amnesty International Malaysia.
“This exposes a chilling reality that even if a protest is carried out peacefully, the state will continue to use outdated laws to discourage dissent and intimidate protesters.”
Amnesty International Malaysia is also alarmed by the growing misuse of the Communications and Multimedia Act to investigate and suppress dissent.
Even as Section 9(5) of the Peaceful Assembly Act is declared unconstitutional by the Federal Court, these parallel investigations show how the right to peaceful expression, whether offline or online, remains under threat.
One step forward, two steps backThe arrest comes just days after the Turun Anwar protest where law enforcement ensured crowd safety without unnecessary obstruction – an approach that Amnesty International Malaysia welcomed as a step in the right direction, consistent with assurances from the Ministry of Home Affairs and the Federal Court’s landmark ruling.
“The police response to the Turun Anwar protest was encouraging,” said Kiran. “But that progress rings hollow when protesters are arrested mere days after. Such contradictions not only erode public trust but also flouts Malaysia’s constitutionally guaranteed right to freedom of expression.”
Pattern of intimidationWe also remain deeply concerned about the authorities’ inconsistent and often disproportionate responses to peaceful assemblies.
On 25 July, student protesters and civil society groups were met with an overwhelming police presence – including Light Strike Force units and a human barricade – outside Parliament as they attempted to deliver a memorandum on proposed amendments to the Peaceful Assembly Act. A female protester was reportedly shoved by a police officer while attempting to negotiate peacefully.
In another incident, a lone woman protesting outside of the US embassy using pots and pans was interrogated by several police officers and discouraged from continuing, despite the peaceful nature of her protest.
“Malaysia will never have meaningful civic space as long as authorities treat peaceful protest as a crime. Reform must go beyond tweaks in the law – it must be felt on the ground,” said Kiran.
“People must be assured that they are safe and protected when they use their voices in peaceful protest, if not, we encourage a state of fear rather than freedom.”
Amnesty International Malaysia calls on the government to immediately cease the use of the Sedition Act, the Penal Code, the Communications and Multimedia Act and other outdated laws to harass protesters.
The “Madani” (civil and accountable) government must urgently commit to a comprehensive overhaul of all laws that criminalise peaceful expression, and ensure that enforcement agencies uphold, not suppress, people’s rights. – Amnesty Malaysia
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