Don't Stop at Section 11, Repeal 9(5) Now

Suara Rakyat Malaysia (SUARAM) welcomes Home Minister Saifuddin Nasution’s prompt acknowledgement of the Federal Court’s landmark ruling that Section 9(5) of the Peaceful Assembly Act (PAA) is unconstitutional, and his Ministry’s commitment to consider corresponding legislative amendments in line with the court’s decision. We further note the government’s reaffirmed commitment to amend Section 11 of the PAA during the upcoming parliamentary sitting. These are encouraging steps toward building a culture of facilitation—by addressing the longstanding overreliance on procedural controls that have enabled intimidation, selective enforcement, and the suppression of peaceful dissent.

While the move to amend Section 11 of the PAA is necessary, it must not distract from the urgent need to repeal Section 9(5) in full. Sections 9(5) and 11 have long operated in tandem to entrench an authorisation-centric culture, where peaceful assemblies are treated as privileges subject to approval rather than inalienable constitutional rights. Amending one without repealing the other leaves the underlying legal framework fundamentally flawed and impairs the development of a culture grounded in the presumption that peaceful assemblies are lawful. Under international norms, restrictions on peaceful assembly must be the exception—not the rule—and must meet strict tests of necessity and proportionality. The continued existence of Section 9(5) undermines this principle and obstructs the full realisation of the right to assemble under Article 10(1)(b) of the Federal Constitution.

While the Home Minister highlighted that 98–99% of assemblies in 2023 and 2024 proceeded without restrictions, this statistical framing risks obscuring persistent structural barriers. Assemblies critical of government-linked corruption or human rights violations remain more vulnerable to surveillance, investigation, and administrative obstruction. These figures do not reflect the chilling effect of selective enforcement, nor do they counteract the entrenched perception—enabled by laws like Section 9(5)—that peaceful assembly is conditional on state approval.

We also urge the government to formally clarify the status of the moratorium. While the Home Minister referenced a moratorium on Section 9(5) prosecutions, it remains unclear whether this is a new policy shift or a misstatement of the existing Cabinet decision, which previously focused only on Section 11. A moratorium on Section 9(5) must be explicitly announced and enforced—covering all ongoing investigations and prosecutions—until formal legislative repeal is completed.

The government must not miss this critical opportunity to deliver the ‘comprehensive reform of laws related to the right to assemble’ that it has pledged to implement. To this end, we call on the government to:

• Ensure that the moratorium on Section 9(5) is immediately implemented, and not confined to Section 11;

• Include full repeal of Section 9(5) among the amendments to the PAA tabled in the upcoming parliamentary sitting, aside from the deletion of Section 11;

• Swiftly consult with civil society before the next parliamentary sitting on the proposed PAA amendments to ensure that they reflect lived realities and international human rights standards

• Review and amend other provisions of the PAA that are incompatible with international standards —including Section 4(d), which unjustifiably prohibits individuals below 21 years old from organising assemblies.

In solidarity,

Azura Nasron

Executive Director of SUARAM