Archive for category Human Rights
ISA removed but sword of Damocles remains
Posted by Kit in Human Rights, ISA on Thursday, 12 April 2012
— Kim Quek
The Malaysian Insider
Apr 12, 2012
APRIL 12 — Many Malaysians may be pleased with the removal of the much-condemned Internal Security Act (ISA), but the sword of Damocles that hangs over the heads of opponents of ruling Barisan Nasional (BN) stays intact.
This is due to the embedment of two key elements in the newly-introduced Security Offences (Special Measures) Bill that will in reality allow arbitrary detention for many years.
These elements are the broad and vague definition of offences that fall under this Bill, and the loophole that will allow prolong and lengthy detention through exploitation of the judicial process. Read the rest of this entry »
Repeal of pernicious and draconian ISA long overdue but new replacement of security laws raise grave concerns about human rights abuses
Posted by Kit in Human Rights, ISA, Pakatan Rakyat on Thursday, 12 April 2012
The tabling of the Security Offences (Special Measures) Bill 2012 to repeal the 52-year Internal Security Act which vests pernicious, draconian and undemocratic detention-without-trial powers on the Executive which could be extended every two years is welcome as it is long overdue.
This is the victory of the decades-long struggle for democracy and human rights which have been waged by patriotic Malaysians cutting across race and religion, many paying a heavy price in terms of personal liberties – culminating in the pledge by the Pakatan Rakyat for the repeal of the ISA.
However, the replacement of the slew of new security laws in the four bills presented to Parliament, namely the Security Offences (Special Measures) Bill 2012, the Penal Code (Amendment) Bill 2012, the Criminal Procedure Code (Amendment) (No. 2) Bill 2012 and the Evidence (Amendment) (No. 2) Bill 2012 raise grave concerns about new human rights abuses which must be met and addressed by the Prime Minister, Datuk Seri Najib Razak if Malaysia hopes to approximate to be “the best democracy in the world” – practising “a functional and inclusive democracy where public peace and prosperity is preserved in accordance with the supremacy of the Constitution, rule of law and respect for basic human rights and individual rights”.
The Internal Security Act has stunted the growth of democracy in Malaysia. What is there to guarantee that although the ISA powers of indefinite detention-without-trial is repealed, the new provision limiting detention without charge to 28 days “for purposes of investigation” without judicial review will not be the new bane for democracy and human rights in Malaysia? Read the rest of this entry »
WSJ: Najib ‘barely keeping up’ with political reform demands
Posted by Kit in Human Rights, ISA, Najib Razak on Wednesday, 11 April 2012
By Yow Hong Chieh
The Malaysian Insider
Apr 11, 2012
KUALA LUMPUR, April 11— Prime Minister Datuk Seri Najib Razak is “barely keeping up” with reform demands despite promising to lead Malaysia into an era of fair political competition, the Wall Street Journal said today.
The influential daily said in an editorial today that while the Security Offences (Special Measures) Bill tabled yesterday represented “real progress”, it was still “too broad” and could be abused for political purposes.
It also noted that the Bill was only one of two laws meant to replace the Internal Security Act (ISA) and that a second Bill on racial hate laws that could prove to be even more contentious had yet to be tabled in Parliament.
“Since affirmative action policies favouring the Malay majority are a major political issue, will politicians be detained during key periods for criticising them or organising peaceful demonstrations?” the paper said.
“Mr Najib could have shown more sincerity and avoided these problems if he had allowed public consultation on the ISA reforms. Instead he has tabled this bill with the clear intention of passing it as quickly as possible.”
The WSJ also cited opposition claims that while the Najib administration had shied away from using the ISA in recent years, it had still used the Sedition Act against political opponents. Read the rest of this entry »
BN’s Cold War siege mentality is omnipresent
Posted by Kit in Human Rights, ISA, Parliament on Wednesday, 11 April 2012
— Liew Chin Tong
The Malaysian Insider
Apr 11, 2012
APRIL 11 — Public attention yesterday was focused on the introduction of the new Security Offences (Special Measures) Bill 2012 (SOSM), tabled to replace the Internal Security Act (ISA). However, few noticed the simultaneous tabling of amendments to the Penal Code, Evidence Act and Criminal Procedure Code to vest an unholy axis of power in a government that will only lead to a ticking time bomb for all freedom-loving Malaysians.
Most disturbingly, the amendments to the Penal Code portrayed a government operating under a Cold War siege mentality, giving the authorities near martial law powers. In particular:
1) The new Section 124B of the Penal Code creates an offence known as “activity detrimental to parliamentary democracy”, punishable by twenty years imprisonment. Flimsily defined in the new Section 130A as “an activity carried out by a person or a group of persons designed to overthrow or undermine parliamentary democracy by violent or unconstitutional means”, this section opens the backdoor for questionable convictions that could violate human rights if used by an irresponsible government.
Furthermore, under Section 124C, an attempt to commit an “activity detrimental to parliamentary democracy” is punishable by fifteen years imprisonment. Fears of abuse of process are raised when a mere attempt to commit the crime is meted out such a heavy punishment. Read the rest of this entry »
Criticism grows over ISA replacement’s threat to basic rights
Posted by Kit in Human Rights, ISA, Parliament on Wednesday, 11 April 2012
By Shannon Teoh
The Malaysian Insider
Apr 11, 2012
KUALA LUMPUR, April 11 — Putrajaya’s law to replace the Internal Security Act (ISA) has met with growing criticism over claims that it persists in denying basic liberties, just hours after being tabled in Parliament.
Global civil liberties watchdog Human Rights Watch (HRW) said in a statement this morning the Security Offences (Special Measures) Bill 2012 will “open the door to a range of future abuses” if it is passed, as expected, by the ruling Barisan Nasional (BN).
DAP lawyer Gobind Singh Deo also added to criticism by his counterparts from the Bar Council who said yesterday the Bill must be reviewed as “counter-terrorism laws… must not usurp the very rights and freedoms that the terrorists themselves are threatening.” Read the rest of this entry »
Perkasa masih bermain dengan api perkauman dan agama
Posted by Kit in Bersih, Elections, Human Rights on Sunday, 8 April 2012
— Aspan Alias
The Malaysian Insider
Apr 08, 2012
8 APRIL — Seruan pemuda Perkasa supaya orang Islam tidak bersama didalam rally Bersih 3.0 yang akan diadakan pada 28 April nanti menjelaskan lagi betapa jumudnya pandangan Ketua Wira Perkasa itu.
Semasa rakyat berbilang kaum sedang bertungkus lumus mencari penyelesaian terhadap penyelewengan dan pencemaran demokrasi ini ada pula pihak yang hendak menyelitkan kepentingan sempit pertubuhan itu dan berniat untuk menggagalkan usaha dan niat rakyat untuk memperbetulkan kepincangan yang dilakukan oleh institusi demokrasi negara ini.
Kenapa pula orang Islam tidak boleh menyertai rally tersebut. Apa yang “un-Islamic” nya rally itu sehinggakan orang Islam diseru untuk tidak menyertai rally yang berkepentingan untuk demokrasi dinegara ini? Saya tidak mahu berbahas tentang agama kerana saya tidak berpengetahuan agama yang lengkap. Tetapi apa yang saya fahami Islam memang menuntut umatnya untuk menolak kemungkaran politik dan ekonomi dan memperjuangkan kebenaran. Read the rest of this entry »
Malaysia’s political reform: Academic freedom
Posted by Kit in Education, Human Rights, university on Wednesday, 21 March 2012
— Ahmad Iskandar
The Malaysian Insider
Mar 21, 2012
MARCH 21 — Towards the end of 2011, several incidents unfolded bringing the issue of academic freedom to the fore of Malaysia’s public discourse. Among them were the demonstrations held to oppose University and University College Act (UUCA 1975), one in PWTC and another in UPSI. Adam Adli and Safwan Anang, emerged as voices to champion the cause. However, we will not discuss demonstrations here, but we will explore briefly the main issue underlying the demonstrations, which is academic freedom. Systematically, we will look into its definition, the examples of the lack of freedom, the solutions and their implications.
Borrowing from The Lima Declaration on Academic Freedom and Autonomy of Institutions of Higher Education, academic freedom is defined as “the freedom of members of the academic community individually or collectively, in the pursuit, development and transmission of knowledge, through research, study, discussion, documentation, production, creation, teaching, lecturing and writing.” To ascertain whether academic freedom was observed or not, we will use four categories of relationship– academic freedom between government and institutions, administrators and academics, among peers and finally by external factors. By looking at these four categories, we can conclude that academic freedom is rarely observed in Malaysia.
Generally, there are two clear factors that show the absence of academic freedom in local universities. Read the rest of this entry »
Revoking aid to disabled is ‘illegal’
Posted by Kit in DAP, Human Rights, Najib Razak, Sarawak on Tuesday, 6 March 2012
Joseph Tawie | March 6, 2012
Free Malaysia Today
An assistant minister’s order to revoke aid to a disabled man in Sarawak because he supports the opposition contravenes the federal constitution.
KUCHING: A minister in Chief Minister Taib Mahmud’s cabinet may have landed himself in hot soup after it was revealed that he had instructed two departments to revoke government extended subsidiaries and welfare aid to a disabled man who had supported an opposition candidate.
Sarawak DAP, which lodged a police report against Assistant Minister of Agriculture (Research and Marketing) Mong Dagang last Friday, said the minister has contravened the law.
Mong had allegedly directed, through a letter, the Assistant Director of Agriculture in Sri Aman to cease all forms of subsidies to Frusis Lebi.
Party secretary Chong Chieng Jen said DAP want the police to investigate Mong for his ‘heinous crime’. Read the rest of this entry »
Freedom works both ways, Faekah
Posted by Kit in Human Rights on Tuesday, 24 January 2012
— Yow Hong Chieh
The Malaysian Insider
Jan 24, 2012
JAN 24 — Pakatan Rakyat (PR) promotes equality for all, regardless of religion or race, and stronger civil liberties as the bedrock for a more modern, progressive Malaysia.
The pact says all basic rights enshrined in the Constitution will be upheld when it takes power, rights that Barisan Nasional (BN) has denied to the people on more than one occasion.
Among the fundamental rights that PR trumpets whenever it wishes to rally its supporters is the freedom of expression, freedom of association and freedom of movement.
But if the opposition believes in these freedoms, why is it we still see people like Faekah Husin, political secretary to Selangor Mentri Besar Tan Sri Khalid Ibrahim, proposing that the outspoken Datuk Ibrahim Ali be banned from the state for being a nuisance? Read the rest of this entry »
Malaysia ‘falls far short’ on rights vows
Posted by Kit in Human Rights, Najib Razak on Sunday, 22 January 2012
AFP/Herald Sun
January 22, 2012
MALAYSIA has fallen “far short” of upholding its pledges to allow civil liberties ahead of elections widely expected to be held soon, Human Rights Watch says.
Prime Minister Najib Razak has promised to grant greater civil rights by revising or abolishing several security laws, including the Internal Security Act which allows for detention without trial of those deemed security threats.
But activists and opposition leaders have dismissed his vows as ploys to regain at fresh polls expected this year votes lost in the last general election, where Najib’s Barisan Nasional had its most narrow ever win.
Human Rights Watch said on Sunday in its annual world report that the South-East Asian nation had last year “arbitrarily” detained critics, broken up a peaceful march for electoral reforms and replaced restrictions on free assembly “with even more draconian controls”.
“Malaysia’s leaders are fooling themselves by thinking they can backtrack on public promises to respect the rights to demonstrate peacefully and criticise the government without fear,” the group’s deputy Asia director, Phil Robertson, said in a release. Read the rest of this entry »
A silent gathering?
Posted by Kit in Anwar Ibrahim, Human Rights, Police on Saturday, 7 January 2012
— Othman Wahab
The Malaysian Insider
Jan 07, 2012
JAN 7 — Oh no, not again. In the run-up to Bersih 2.0, the Najib administration agreed to allow the demonstrators to use a stadium and then withdrew the offer after being worried that calls for free elections could lead to the overthrow of the BN government.
After Prime Minister Najib Razak realised that his handling had been an unmitigated disaster, the government gave half-hearted and lame excuses about how its offer of the Shah Alam Stadium was not accepted by Bersih 2.0 organisers.
The BN government looked weak and devoid of courage. It appeared yesterday morning that the lesson of Bersih 2.0 had been learnt when the police agreed to allow the opposition to gather near the High Court in Jalan Duta, Kuala Lumpur on January 9 to show solidarity with Anwar Ibrahim who is facing jail time for a sodomy charge.
Fantastic, I thought, finally the government and its agents showing maturity instead of behaving fearfully in the face of legitimate democratic expression. Read the rest of this entry »
Human Rights Day 2011
Posted by Kit in Bersih, Human Rights on Saturday, 10 December 2011
Message from Aliran
The Malaysian Insider
Dec 10, 2011
DEC 10 — This year has been a memorable year for Malaysians in our struggle for democracy and recognition of human rights in our country.
The July 9 rally for clean, free and fair elections was an event all generations of Malaysians will cherish in history. It was the day ordinary Malaysians showed courage and grit in opposing violence and repression by sections of riot police armed with tear-gas and water cannon.
Besides the brave leaders of the Bersih 2.0 movement led by former Bar Council president Ambiga Sreenevasan and leaders of Pakatan Rakyat and civil society groups who came out in support of the movement, ordinary Malaysians including elderly, disabled persons and youth braved tear gas and water cannon to demand that elections be clean, free and fair.
The run-up to the July 9 rally was equally dramatic and tortuous with the unjustified arrests of Parti Sosialis Malaysia activists. The PSM 30 were initially accused of waging war against the King for no apparent reason. Six of them, all key members including Sungai Siput MP Dr Jeyakumar Devaraj, were later detained under the Emergency Ordinance. It was perhaps too much for reasonable and fair-minded members of the public to swallow. Thankfully, the EO 6 are now free and all charges have been dropped against the PSM 30. Read the rest of this entry »
200 brave water sprinklers to protest Assembly Bill
Posted by Kit in DAP, Human Rights, Parliament on Saturday, 3 December 2011
Nigel Aw | Dec 3, 2011
Malaysiakini
Despite what appeared to be attempts by the KLCC management to cause inconveniences, some 200 people converged at its park off Jalan Ampang in a carnival-like gathering to oppose the Peaceful Assembly Bill.
Instead of being met by police batons and water cannons on its second Saturday afternoon protest, the group of about 200, clad in yellow, were met with water sprinklers.
The group moved close to some trees in the park after the KLCC management, again, cordoned off its compound for a cleaning operation, including the area the protesters used last week.
There, they stood around national laureate A Samad Said, who is popularly known as Pak Samad, as he recited his poems. Then, the complex management turned on water sprinklers on the ground where they stood.
Undaunted, those who were caught in the sprays shielded themselves with umbrellas and continued to listen to Pak Samad, who recited his latest poem in tribute to the occupy movement, Merindu Ruang (Missing Space) after reciting his Bersih poem, ‘Unggun Bersih’. Read the rest of this entry »
An Assembly Tale
Posted by Kit in Articles, Human Rights on Friday, 2 December 2011
by Azmi Sharom
Wednesday, 30 November 2011
The scene is a small terrace house, somewhere in Kelana Jaya. Ten year old Mary and her younger brother Timothy approach their father who is sitting in the living room flossing his teeth after a large meal.
“Papa, Timmy and I would like to tell you something”
“Oh, really, both of you want to gather together and say something?”
“Yes, we think it is a very important issue and we would like to express ourselves to the whole family”.
“I see, so you want to assemble peacefully. You are not going to get violent are you?”
“Of course not Papa!” Read the rest of this entry »
Why the rush?
Posted by Kit in Elections, Human Rights, Najib Razak, Parliament on Friday, 2 December 2011
by Hafiz Noor Shams
The Malaysian Insider
Dec 02, 2011
DEC 2 — I had listened to Prime Minister Datuk Seri Najib Razak’s Malaysia Day address with scepticism. Part of the scepticism came after noticing all the qualifications made by the prime minister in the same speech. The so-called Political Transformation Programme does not look so bold if one reads the fine print.
As we have learned in recent days, the actual reform does not meet the high expectations set by the prime minister himself. The manner at which the Peaceful Assembly Bill 2011 was rushed through did little to alleviate the scepticism.
In these days of scepticism, only actions command confidence. The nearly six years of the Abdullah administration justifies that attitude. The bravado of Parti Keadilan Rakyat only adds to the justification of scepticism. Indeed, political scepticism against all sides is a sign of maturity of ordinary voters.
While the scent of scepticism was strong, not all shared it. Not all ordinary voters are seasoned political observers after all. Read the rest of this entry »
Limit the parliamentary majority
Posted by Kit in Human Rights, Najib Razak, Parliament on Wednesday, 30 November 2011
— Lucius Goon
The Malaysian Insider
Nov 29, 2011
NOV 29 — In a democracy it comes down to numbers. Barisan Nasional has more numbers in Parliament and is able to push through legislation, even when it is self-serving and meant for regime preservation.
This afternoon the Peaceful Assembly Bill was passed in Parliament by BN members and the frogs (calling them independent would be a disservice to independents the world over). Pakatan Rakyat MPs walked out because they wanted the Bill to be withdrawn and redrawn.
But that was never going to happen. As it is the Najib government was forced to eat humble pie and amend the Bill after it was pointed out that the legislation was even more regressive than Myanmar’s new laws on protests.
There is no use wailing or crying foul. BN has the numbers and we gave them the numbers in 2008. So it is perfectly legitimate for them to rubber stamp any legislation they want, except any change in law which requires two-thirds of Parliament’s support.
It is not the end of the world. We can always take back the numbers we gave them in 2008 and make sure that the next government repeals the Peaceful Assembly Act. Read the rest of this entry »
Pakatan walks out, will not vote on Assembly Bill
Posted by Kit in Human Rights, Pakatan Rakyat, Parliament on Tuesday, 29 November 2011
Malaysiakini
Nov 29, 2011
Pakatan Rakyat MPs walked out of the Dewan Rakyat during the debate on the Peaceful Assembly Bill 2011 and will not participate in voting on the Bill.
The MPs said that they were disgusted that the speaker had only allowed three Pakatan Rakyat MPs – one from each party – to debate what they consider to be a very important piece of legislation.
The three who were allowed to speak were Opposition Leader Anwar Ibrahim (Permatang Pauh-PKR), Lim Guan Eng (Bagan-DAP) and Abdul Hadi Awang (Marang-PAS). Read the rest of this entry »
Najib’s “clarification” is proof that PAB is the worst and most slipshod bill in 54-year parliamentary history
Posted by Kit in Constitution, Human Rights, Najib Razak, Parliament on Monday, 28 November 2011
The Prime Minister, Datuk Seri Najib Razak’s last-minute clarification today of the Peaceful Assembly Bill (PAB) is testimony that the PAB is the worst and most slipshod bill ever drafted in the 54-year history of Malaysian Parliament as well as raising questions about Najib’s bona fides in political reforms and transformation.
Najib blamed Pakatan Rakyat (PR) for “confusing” the public with regard to the 30-day notification requirement.
He said:
“Actually the wording is within 30 days, it can be within five or 10 days but that word led to so much confusion so we decided that 10 days to be specific, so that there will be no doubts.” (The Malaysian Insider)
Najib said the previous 30 days’ notification did not mean a month’s notice was needed.
Najib’s ”clarification” is utterly ridiculous. In fact, Najib is presenting a sorry public spectacle of a Prime Minister who does not know what he is talking about, and even worse does not understand the content of the Bill he introduced in Parliament on Thursday though he described it as “revolutionary”. Read the rest of this entry »
Najib forewarned he is heading for another political disaster if rejects proposal for a PSC and forces PAB through all readings in Dewan Rakyat tomorrow
Posted by Kit in Human Rights, Najib Razak, Parliament, Police on Monday, 28 November 2011
The Police Royal Commission Report 2005 listed the complaints against bias, unreasonableness and discrimination in the exercise of police powers under Section 27 of the Police Act 1967 which vests police with the power to regulate assemblies, meetings and processions through the granting of a permit, including the following:
*Permits granted to opposition political parties or NGOs perceived to be critical of the government or aligned with opposition parties always have a number of conditions which are considered ridiculous and difficult to implement and tantamount to an indirect refusal of permission.
*There are complaints that the police do not seem to be neutral and impartial in the granting of permits, as would appear to be the case from their alleged numerous refusals of permits to opposition political parties and organisations perceived to be linked to them. There were also allegations that those attending the events were arrested and questioned as to why they did so and why they expressed opposition towards the government.
*According to some complaints, a peaceful demonstration that turned into rioting was not caused by the action of demonstrators but on the provocation of the police.
There is nothing to demonstrate that in the six years after the publication of the Dzaiddin Police Royal Commission Report and its 125 recommendations, the Malaysian Police has won public confidence as it has transformed itself into an independent, incorruptible and professional police force, discarding the outmoded colonial police concept of “regime protection” and replacing it with the modern principles and concept of “democratic policing”. Read the rest of this entry »
Peaceful Assembly Bill – Najib has probably created world history in the speed with which a “revolutionary” bill becomes reactionary within 24 hrs as to require at least eight amendments
Posted by Kit in Constitution, Human Rights, Najib Razak, Parliament on Sunday, 27 November 2011
The Prime Minister, Datuk Seri Najib Razak has probably created world history in the speed with which a Bill which he described as “revolutionary” became reactionary within 24 hours as to require at least eight amendments.
On Thursday, Najib told Parliament that the Peaceful Assembly Bill was “revolutionary” and “a giant leap” in the political transformation of Malaysia. But in less than 24 hours, the Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz was directed by the Prime Minister at Friday’s Cabinet meeting to review and amend the “revolutionary” Bill!
This is the latest proof of the haphazard, insincere and irresponsible manner in which Najib is trying to implement his “political transformation” programme – totally at variance with his pledge that under his premiership, the era of “government knows best” is over and that he would fully consult with all relevant stakeholders and the civil society on major reform measures for the country.
The amendments to the Peaceful Assembly Bill, primarily on and consequential to the reduction of the requirement of 30 days to 10 days for notification to the police for any assembly, are not acceptable to give approval to the Bill as they are not wide-ranging enough as there are also other provisions in the bill which strike at the constitutional rights to freedom of assembly. Read the rest of this entry »
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