(b) Participation of Children (c) CHAPTER 1 With regard to the participation of children in peaceful assemblies, the Commission reiterates that Article 15(1) of the Convention on the Rights of the Child (CRC) guarantees the right of all children to assemble peacefully. Whilst noting that the right to assembly may be restricted by domestic laws as provided for under Article 15(2) of the CRC, the Commission recommends that provisions under Section 2(e) and (f) of the PAA, which restricts children from participating or taking part in peaceful assemblies other than religious assemblies, funeral processions, assemblies related to custom, and assemblies approved by the Minister,32 be reviewed. Such provisions should not unduly restrict the right of every child to assemble peacefully in order to voice their grievances on any issue or matter that may directly or indirectly affect them, in line with the right of all citizens to assemble peaceably and without arms under Article 10(1)(b) of the Federal Constitution. Freedom of Speech The Commission reiterates that the freedom of speech is pivotal in a democratic society, and the right of every citizen to freedom of speech and expression under Article 10(1)(a) of the Federal Constitution cannot be unduly restricted. Any restriction must focus on the agenda or objectives of the said speech. However, such freedom of speech and expression must not take the form of hate speech, which has been defined under Article 20(2) of the ICCPR as any advocacy of national, racial, or religious hatred that constitutes incitement to discrimination, hostility, or violence. (d) Public Trust and Confidence The Commission noted during its observation of the public assemblies that many shops around the assembly areas remained open for the most part or throughout the rally and many tourists were also seen amongst the rallygoers. This showed that public trust and confidence in the law enforcement authorities and the discipline of the rally-goers were high. Hence, it is recommended that law enforcement authorities ensure that measures are in place during any peaceful assembly to maintain the public’s trust and confidence, and that they act as a facilitator in any such rally. (e) Prohibitive Guidelines The Commission reiterates its stand that through the PAA, all Malaysian citizens have the right to assemble peaceably and without arms, including 32 Second Schedule of PAA SUHAKAM ANNUAL REPORT 2016 63 suhakam 2new.indd 63 3/23/17 5:54 PM