The recent warning issued by the police against organisers of the planned demonstration in conjunction with the visit of President Donald Trump for the ASEAN Summit is a clear violation of the Federal Constitution and an abuse of authority. Any attempt to prohibit or intimidate citizens from exercising their constitutional right to peaceful assembly strikes at the heart of the rule of law and erodes the very foundations of Malaysia’s democracy.
The right of all citizens to assemble peaceably and without arms is not a privilege to be granted or withdrawn at the discretion of the authorities; it is a fundamental liberty enshrined in Article 10(1)(b) of the Federal Constitution, forming an essential pillar of democratic participation and public accountability.
While Article 10(2) allows for such rights to be subject to restrictions as Parliament may deem necessary or expedient in the interest of security or public order, such restrictions must always be reasonable, proportionate, and consistent with the purpose of the constitutional guarantee. The police, as the primary law enforcement agency, are constitutionally and statutorily bound to respect, protect, and facilitate the exercise of this right.
Recent Federal Court rulings have asserted the police have a positive duty to enable and assist peaceful assemblies, and that their role is not to suppress or prevent such gatherings, but to ensure they take place safely and lawfully. The decision underscores that the right to assemble cannot be negated by administrative fiat or speculative apprehension of disorder.
In light of this binding precedent, the police statement declaring that the proposed assembly “will not be permitted” and threatening to disperse participants is inconsistent with constitutional guarantees and contrary to the Federal Court’s pronouncement.
The proximity of the proposed venue to the designated “red zone” for the ASEAN Summit is not, in itself, a lawful basis for prohibition, so long as demonstrators remain outside the officially demarcated restricted area. The right to assemble peacefully in public spaces cannot be extinguished merely due to geographical proximity to official events or dignitaries.
Accordingly, we urge the police to withdraw the threat of enforcement action and instead engage proactively with the organisers to ensure that the demonstration proceeds peacefully and in accordance with the law.
Waytha Moorthy Ponnusamy