1 October 2024
We, the undersigned organisations and individuals, stand in firm solidarity with the seven pro-Palestine protesters who were detained near the US Embassy in Kuala Lumpur this morning. We are deeply concerned by the actions of the authorities in detaining peaceful demonstrators, which exacerbate existing deep-seated concerns about the already worsening state of freedom of expression and assembly under the Madani government.
According to reports, the protesters allegedly complied with instructions from the police to move their demonstration to a different location, yet they were still detained for three hours despite adhering to the directives. They were subsequently released pending investigations under Section 9(5) of the Peaceful Assembly Act (PAA) 2012. This incident is alarming and raises critical concerns about the enforcement of the PAA 2012.
We are deeply troubled by the continued use of the PAA to undermine the core principles of democracy and civil liberties.
We find the arbitrary and selective enforcement of this law problematic as it goes against the basic tenet of the PAA itself, which is to uphold our freedom of assembly, as articulated under the Preamble and Section 2(a). It is instead weaponised and used extensively to suppress the right to freedom of assembly. The right to assemble and express dissent is not only protected under Article 10 of our Federal Constitution but also a fundamental human right enshrined in international human rights law, including Article 19 of the Universal Declaration of Human Rights and Article 21 of the International Covenant on Civil and Political Rights. Any legal restriction on fundamental human rights, like freedom of expression, must be grounded in international standards – as recognized under international human rights law – of legitimacy, necessity and proportionality.
The arrest of these demonstrators for voicing their stance on an issue of international concern – the ongoing atrocities in Gaza and Lebanon – sends a chilling message about the state of free speech and the right to protest in Malaysia. That these individuals were detained for peacefully protesting against genocide underscores a worrying trend towards the suppression of dissent. Allowing people to voice their concerns publicly is integral to encouraging critical discourse in matters of public interest which is essential to a functioning democracy. It is also crucial to amplify our voices and ensure human rights violations like the ones happening in Palestine and Lebanon are addressed by influential actors with urgency.
We call on the authorities, particularly the Minister of Home Affairs Saifuddin Nasution, to uphold these rights and ensure that all Malaysians can exercise their freedoms without fear of repression. We urge the government to immediately drop the investigation towards the seven peaceful protesters and to provide full transparency on the enforcement of the PAA. It is clear that there also needs to be a shift in culture amongst Malaysian authorities regarding how they address peaceful assembly. Clear and limited grounds must be established to enforce a law without undermining people’s fundamental right to assemble. We also call on the authorities to review and amend the PAA to allow for peaceful protests without arbitrary restrictions and pending the review, ensure no one else is arrested, investigated, charged or imprisoned under the PAA for exercising their right to peaceful assembly.
We will continue to stand in solidarity with all those fighting for justice and the right to protest. We call upon civil society, and all Malaysians to resist this curtailment of freedoms, and to push back against any actions that seek to silence the voices of the people. Peaceful protest is not a crime; it is the cornerstone of civic participation and must be protected.
List of Endorsements
1. Centre for Independent Journalism
2. Amnesty International Malaysia (AIM)
3. GEGAR
4. Angkatan Kesatuan Siswa Sosialis (AKSI: Malaysia)
5. Gerakan Belia Sepunjabi Malaysia (GBSM)
6. Pemuda Sosialis (PS)
7. Legal Dignity
8. KRYSS Network
9. Sisters in Islam
10. Aliran
11. Justice for Sisters
12. Pergerakan Tenaga Akademik Malaysia (GERAK)
13. Sabah AIDS Support Services Association (KASIH)
14. Suara Rakyat Malaysia (SUARAM)
15. PEN Malaysia
16. Parti Sosialis Malaysia
17. BDS Malaysia
18. KL Queer Space
19. Freedom Film Network