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We should say yes to La Rue’s offer

— Khoo Ying Hooi
The Malaysian Insider
May 10, 2012

MAY 10 — Malaysia is one of the 47 members sitting in the United Nations Human Rights Council (HRC) for the second term covering 2010-2013. When our Foreign Affairs Minister, Dato’ Sri Anifah Aman opined that there is no necessity for outsiders, in this context, the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, Frank William La Rue to investigate the Bersih 3.0 rally that took place on April 28. He is stretching the truth way a little because, I quote, “We are a sovereign nation. We are capable of doing our own impartial investigation and we have faith in the authorities and the police. For responsible Malaysians, I don’t think this is an issue. We don’t need someone to investigate what transpired in our country. We have seen it on television and there are people who were actually on the spot who witnessed what happened.”

He also added that “The government is going to appoint a panel to investigate; therefore I do not see the necessity. I mean, maybe it’s possible, but I do not see the necessity for any outside organisation to determine whether we are free or fair.”

In declaring its intention for its candidature, the Malaysian government circulated a memorandum dated March 9, 2010, outlining its human rights record and its pledges and voluntary commitments. As the member of the HRC, Malaysia’s voluntary commitments and pledges include “deepening and widening our cooperation with and support for the work of various UN actors and mechanisms involved in the promotion and protection of human rights such as the … Special Procedures of the HRC,” which includes Special Rapporteurs, Working Groups, and Independent Experts.

If we take a peek to the UN General Assembly resolution A/RES/60/251, it states clearly that members of the HRC shall uphold the highest standards in the promotion and protection of human rights; fully cooperate with the HRC; and be reviewed under the Universal Periodic Review (UPR) mechanism during their term.

However, the way Anifah Aman described the Special Rapporteur and the HRC which we are a member, as the “outsider” and the “outside organisation” is detrimental to the country. It doesn’t reflect the commitments that the government has promised to the HRC and it is obviously just another diplomatic exercise. Continue reading “We should say yes to La Rue’s offer”

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Lim Teck Ghee responds to Chandra Muzaffar’s refusal to engage on the Net and his threat

by Dr Lim Teck Ghee
CPI
09 May 2012

Commentary
In my note to Chandra on May 6 which he acknowledged, and which was sent well before this latest rebuttal, I had written:

“I hope we can have a sustained discussion on the important subject that you have identified. I don’t think a one-off debate is a good way to have that discussion. I know politicians and their supporters love it but we are not politicians.”

Chandra’s latest reply continues to insist on a one-off debate and argues that a prolonged discourse in lieu of a debate will “generate more heat than light”.

I disagree. So do the great majority of online commentators that have followed our exchange. Despite attempts by cybertroopers to disrupt feedback, many readers have encouraged us to engage over the Net that is an open and unfettered public space in which they can also contribute their say.

If I had thought that the scholar rather than the ex-politician in Chandra would prevail, I was mistaken. Continue reading “Lim Teck Ghee responds to Chandra Muzaffar’s refusal to engage on the Net and his threat”

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A response to Chandra Muzaffar’s lambasting of Bersih

by Dr Lim Teck Ghee
Friday, 04 May 2012
CPI Writings

Friends have asked me what prompted the extraordinary hatchet job that Dr Chandra Muzaffar attempted on the Bersih 3.0 movement and its leaders in his recent article misleadingly titled ‘Bersih and the Quest for Human Rights’ published in various media.

What was in the article that could be of academic or scholarly value to warrant any close reading? Those attracted by the title may have expected an article on how the quest for human rights in Malaysia may have taken on fresh urgency given the police manhandling of the demonstrators and media, and the many instances of violation of democratic rights.

In the internet and mainstream media, the issue of police brutality has become the main focus and memory of demonstrators and the Malaysian public. That could have been a topic that Dr Chandra – in defending the status quo – could have brought fresh insights from a human rights perspective.

However, he chose not to do so. Instead he churned out a propagandistic piece praising the political reforms undertaken as well as aimed at demonizing the Bersih leaders and its supporters from the opposition. Continue reading “A response to Chandra Muzaffar’s lambasting of Bersih”

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DAP call for Suhakam public inquiry into indiscriminate firing of police tear gas sparking chain of violence marring Bersih 3.0

Yesterday, I had harboured the thought and hope that Malaysia was maturing as a democracy and can equal that of developed countries, with Kuala Lumpur comparable to London and New York, where peaceful assemblies and gatherings involving thousands, tens of thousands and even hundreds of thousands of people, could be held with the full understanding and even co-operation of the police authorities.

This thought came to me when on the way from the Masjid Negara meeting point towards Dataran Merdeka, together with other Pakatan Rakyat leaders Datuk Seri Anwar Ibrahim, Datin Seri Wan Azizah Wan Ismail, Datuk Seri Awang Hadi and Mat Sabu, we saw a veritable celebration not only of Malaysian democracy but Malaysian nationhood – with Malaysians transcending race, religion, politics, age or gender, coming together in a common universal cause for clean, free and fair elections for a clean Malaysia.

But this thought and hope that the Bersih 3.0 “sit-in” will be an international badge of honour of a maturing Malaysian democracy proved ephemeral as it was pulverized very shortly after in the disproportionate and indiscriminate firing of police tear gas at peaceful protestors for free and fair elections massed outside Dataran Merdeka.

Clearly, the breach of the Dataran Merdeka barricade, for which commensurate action could be taken, is no justification for the release of the violent events, like the disproportionate and indiscriminate firing of police tear gas, the police mass arrests and attacks on peaceful protestors including those who had dispersed and were on their way home, the “heavy-handed” attack and targeting of journalists as well as incidents where police personnel were targets of attacks. Continue reading “DAP call for Suhakam public inquiry into indiscriminate firing of police tear gas sparking chain of violence marring Bersih 3.0”

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Citizens’ and Bersih 3.0’s freedom to assemble

— Proham
The Malaysian Insider
Apr 26, 2012

APRIL 26 — Proham recognises that freedom of assembly is a fundamental human right. Public discussions, debates, peaceful demonstrations and “sit-ins” are a form of public expression within the democratic tradition and should be viewed as normal. Proham recognises that these provisions are part of the newly enacted Peaceful Assembly Act 2011.

In this context Proham feels that the authorities including Kuala Lumpur City Hall (DBKL) and the police should facilitate Bersih and its followers the exercise of this right as citizens of Malaysia in a place of their choice. The home minister has already indicated that this movement is not viewed as a security threat.

Proham feels that the authorities could view this citizens’ movement as part of the people’s call for “free and fair elections” in Malaysia. In addition, if both authorities and Bersih leaders work together there will be no disruption in the city as many larger events have been hosted in the city centre before. Continue reading “Citizens’ and Bersih 3.0’s freedom to assemble”

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Use of thugs, gangsters, hooligans a very dangerous trend

— Tota
The Malaysian Insider
Apr 26, 2012

APRIL 26 — Umno Baru has a lengthy catalogue of lawless behaviour. It appears that the rule of law is a stranger to Umno Baru. When Justice Harun declared Umno illegal, the party died.

The new party is registered as Umno Baru; yet the party continues to call itself Umno! The party logo was supposed to be a new one; yet the old logo with some imperceptible cosmetic change continues to be used. The keris on its logo has given rise to detractors calling it a party of pirates! The keris has come in useful for Umno leaders to threaten the non-Malays. Umno leaders have brandished the keris and used implicit threats.

Concerned individuals and groups have alleged that Umno Baru has let loose its mobs and thugs all too frequently to disrupt, sometimes violently, legitimately organised meetings and forums by civil society groups and NGOs. The Apcet 11 forum at a hotel in KL was disrupted by an Umno Baru mob that threatened the participants and smashed tables and chairs to stop the proceedings. When the Suqiu organisation submitted its 17-point plan for the betterment of the country, an Umno Baru mob threatened them with “rivers of blood” outside the Chinese Assembly Hall, KL, if they did not withdraw their 17-point plan.

Umno Baru used similar tactics to stop the Article 11 Group from holding meetings and the Bar Council forum on the conversion of minors to Islam when one spouse in a non-Muslim marriage converts to Islam. Police inaction emboldened the Umno thugs even to prevent Karpal from entering Parliament House. An Umno Baru mob led by a screaming hooligan, Khairy, outside the US Embassy advertised to the whole world that Umno Baru is a party trapped in the Stone Age.

The rule of law is obviously not part of Umno Baru culture. While proclaiming to the whole world that “demonstrasi luar kebudayaan kita”, Umno Baru and its allies have, since March 8, 2008, organised numerous illegal demonstrations in Pakatan-ruled states. Criminal intimidation is part and parcel of Umno Baru’s political strategy. Continue reading “Use of thugs, gangsters, hooligans a very dangerous trend”

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“428” Bersih 3.0 acid test of Najib’s “political transformation” to make Malaysia “best democracy in the world” – start with immediate revocation of government ban on Bersih

The April 28 Bersih 3.0 peaceful “Duduk Bantah” rally at Dataran Merdeka for clean, free and fair elections is an acid test of Prime Minister Datuk Seri Najib Razak’s “political transformation” to make Malaysia, in his own words, “the best democracy in the world”.

In the past seven months, the Najib government had been trying to undo the damage caused by the disastrous government mishandling of the 709 Bersih 2.0 peaceful rally for free and fair elections, which saw an arrogant, ham-fisted, high-handed and mindless repression and clampdown such as the government ban on Bersih, unjustified PSM arrests under Emergency Ordinance, arbitrary arrests for wearing Bersih 2.0 T-shirts or just wearing yellow.

In his Malaysia Day message on Sept. 16 last year, Najib promised a “political transformation” with a slew of reform of undemocratic and draconian laws like the repeal of the Internal Security Act and the revocation of the four Emergency Proclamations.

At that time, I had specifically asked: “Will the replacements for the repeal or removal of repressive laws and measures result in the reincarnation of these very same draconian features in a new format, e.g. repeal of ISA but enactment of new law which could be described as ISA2?”

This is what have come to pass in the past seven months. Continue reading ““428” Bersih 3.0 acid test of Najib’s “political transformation” to make Malaysia “best democracy in the world” – start with immediate revocation of government ban on Bersih”

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The death of civil liberties

by Malik Imtiaz Sarwar

Though the Government has said much about the repeal of the infamous Internal Security Act, little has been said to explain how its so-called replacement, the Security Offences (Special Measures) Bill (SOA), will impact on our lives. Even less has been said about the bill tabled to amend the Penal Code that went hand in hand with the SOA. I think there was a reason for this.

To say that the two bills are draconian would be a gross understatement. They brutally curtail the constitutional freedom of Malaysians to dissent. It seems that we have been made the victims of a sleight of hand. While we were being distracted by the song and dance that attended the termination of the ISA, Parliament was being harnessed to diabolical purpose. The passing of the two bills has sounded the death knell of civil liberties.

I am not given to hyperbole. The facts speak for themselves. Continue reading “The death of civil liberties”

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BN could suffer for attack on students

Kee Thuan Chye
Free Malaysia Today
April 21, 2012

Perception is what counts in politics. And the perception that has already set in among the discerning public, not only discerning students, is that Umno hired the thugs.

COMMENT

Barisan Nasional has probably just lost the votes of university students who are bright, perceptive and can think for themselves.

These students would have been reviled by the recent attack on the student protesters camped out at Dataran Merdeka by a gang of 50 thugs. They would have seen this as a shameful act of violence against their fellow students, who were helpless and defenceless.

They would have seen this as an act to frighten the students into ending their protest calling for PTPTN (National Higher Education Fund Corporation) loans to be written off.

Those who are bright and up to speed about politics in this country would automatically assume that this is the work of forces bigger than the thugs. For why should thugs randomly attack the students and beat some of them up, including women? What would be their motive for doing so?

The assumption would most likely be that the forces behind the attack are members of the ruling party – for who, more than anyone else, would want to see the protest end sooner? Continue reading “BN could suffer for attack on students”

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Ambiga: ‘Whirlwind’ of law reforms pointless without clean polls

By Clara Chooi
The Malaysian Insider
Apr 21, 2012

KUALA LUMPUR, April 21 — The sudden “whirlwind” of legislative reforms to the country’s restrictive laws has left Malaysians both elated and disappointed in the ruling Barisan Nasional (BN) government ahead of the 13th general election, Bersih co-chair Datuk Ambiga Sreenavasan has said.

Datuk Seri Najib Razak and his team may have earned plus points for daring to slacken the government’s leash over civil freedom, a historical point in Malaysian politics, but the prime minister’s failed attempt at electoral reform had hurtled him back to square one, she said.

The vocal civil society leader added that although crucial restrictive legal provisions were removed in recent months, they were forced down the throats of Malaysians in a rushed manner, drawing suspicion over the government’s true motive for reform.

“To me, the speed at which new laws and amendments were suddenly being pushed through Parliament, without consideration at all for consultation and opposition viewpoints, I think, reeks of suspicion.

“All it shows is that the elections are close,” Ambiga told The Malaysian Insider recently.

“We are in a bit of a whirlwind, really, with these legislations being passed through in such a rushed manner.

“Some people say it’s a good thing… but to many, you (the government) are only doing this because of the elections.

“This how it would just enforce the insincerity of the government,” she said. Continue reading “Ambiga: ‘Whirlwind’ of law reforms pointless without clean polls”

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Kuasa bukannya hak milik kekal, ia hanya TOL sahaja

— Aspan Alias
The Malaysian Insider
Apr 20, 2012

20 APRIL — Negara kita semakin hari semakin bercelaru dengan berkembangnya budaya samseng dan semua samseng-samseng ini adalah mereka yang menyebelahi pihak berkuasa. Pihak yang berkuasa sedang dalam keadaann desperado untuk mempertahankan kuasa dan mereka sedang mabuk dengan kuasa itu. Tindakan sekumpulan samseng memukul dan membelasah mahasiswa-mahasiswa yang sedang menuntut keadilan untuk masa depan mereka di Dataran Merdeka semalam amat menyayat hati. Mungkin sekarang ramai yang tidak merasa apa-apa tetapi orang yang miskin seperti saya dan ramai yang lain amat memahami perasaan mereka.

Nampaknya tidak ada siapa yang boleh menuntut apa-apa yang mereka anggap hak mereka dalam negara kita lagi. Sesungguhnya inilah kesilapan orang Melayu khasnya dan rakyat Malaysia amnya yang selama ini terlalu memberi muka kepada BN untuk memerintah negara ini sejak merdeka. Sebagaimana yang saya sebut selalu pihak berkuasa seolah-olah tidak boleh dipersoalkan lagi kerana mereka menganggap negara ini adalah hak mereka sahaja untuk berkuasa maka siapa sahaja yang mempunyai pendapat yang berlainan akan dipukul dan dicederakan.

Apabila mereka merasakan kuasa akan hilang maka mereka bertindak bukan sahaja membiarkan samseng-samseng melakukan apa sahaja ke atas anak-anak muda yang sedang menuntut keadilan dan berjuang untuk masa depan mereka dalam negara mereka sendiri. Pemimpin-pemimpin yang tidak bertanggungjawab pula membuat kenyataan-kenyataan yang memihak kepada samseng-samseng ini dan mengutuk tindakan mahasiswa untuk melakukan apa yang mereka wajar lakukan. Continue reading “Kuasa bukannya hak milik kekal, ia hanya TOL sahaja”

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Still a long way to freedom, say NUJ and CIJ

Stephanie Sta Maria | April 18, 2012
Free Malaysia Today

The two organisations call for a complete repeal of the PPPA.

PETALING JAYA: Journalism bodies in the country are unimpressed with the amendments to the Printing Presses and Publications Act 1984 (PPPA) and are calling for an outright repeal of the law.

The amendments, tabled for first reading in Parliament today, have removed the Home Minister’s absolute discretion over printing press licences as well as the printing and publishing of a newspaper.

Also, under the amendments, publishers will no longer have to renew their licences annually. A license will be valid until the minister revokes it, and the revocation can be challenged in court.

But the Centre for Independent Journalism (CIJ) and the National Union of Journalists (NUJ) agree that these amendments were merely baby steps towards ensuring media freedom in Malaysia. Continue reading “Still a long way to freedom, say NUJ and CIJ”

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Bullying is cowardly, is this the kind of leadership our young will inherit?

— May Chee Chook Ying
The Malaysian Insider
Apr 19, 2012

APRIL 19 — Read that at 3 this morning, the university students and protesters at Dataran Merdeka were attacked by 40-50 thugs. Their tents and supplies were torn down. They were both physically and verbally abused. Some women were kicked in the faces while fast asleep, many injured and one reportedly hospitalised.

No second guesses to whom these thugs are beholden to. Raiding in the middle of the night, at 3am? If they dared to flash the colour of their shirts, why didn’t they justify their actions in broad daylight? This is not the first time our courageous young people have been attacked or needed to seek medical treatment after being attacked. Is “lawlessness” acceptable by the powers-that-be but not peaceful assemblies? This is senseless! Continue reading “Bullying is cowardly, is this the kind of leadership our young will inherit?”

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Suhakam joins call for review of ISA replacement law

By Anisah Shukry
The Malaysian Insider
Apr 16, 2012

KUALA LUMPUR, April 16 — The newly-proposed security law to replace the Internal Security Act (ISA) must be reviewed to ensure it is in line with human rights principles, the Human Rights Commission of Malaysia (Suhakam) said today.

Suhakam highlighted that the Bill did not provide for judicial oversight in the extension of the detention period for up to 28 days, and expressed concerns over how it gave police the power to deny detainees immediate access to legal representation.

It added that the power to intercept communications under Clause 4(6) should be exercised through a court order rather than by the police, as it could “infringe personal liberty and the right to privacy”.

“The provisions in the Bill as well as the amendments to the other relevant laws must strike a balance between national security and fundamental liberties and human rights,” Suhakam Chairman Tan Sri Hasmy Agam said in a statement today.

“The Commission looks forward to further and continuing engagements with the government agencies… to ensure that obsolete and irrelevant laws are abolished and replaced by laws that are consistent with universally accepted human rights principles,” he added. Continue reading “Suhakam joins call for review of ISA replacement law”

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Repeal of ISA a hollow victory

T Vicknaraj | Apr 12, 2012
Letters
Malaysiakini

The ambiance in Malaysia in April 2012 is both celebratory and festive due to the recent policy changes pertaining to Malaysian’s civil and political rights; and yet there is a strong sense of scepticism and mistrust at the ground level among the civil society movements, opposition politicians and the general population.

The general population’s feeling denotes a strong awareness that that this year possesses a crucial landmark in our nation’s history, as the concepts of participatory and parliamentary democracy are being negotiated and boundaries of civil and political rights are being rebranded, redesigned and rehashed in light of the impending general elections rumoured to be held in June 2012.

The stakeholders who are active in this negotiation for democracy are the political parties from both side of the divide, the ever growing civil society movements like Bersih, NGOs and the young adult population (gen X and Y), all of whom have a crucial say on how this political drama unfolds.

This mixed feelings and confused euphoria is justified. Continue reading “Repeal of ISA a hollow victory”

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ISA removed but sword of Damocles remains

— 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. Continue reading “ISA removed but sword of Damocles remains”

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Repeal of pernicious and draconian ISA long overdue but new replacement of security laws raise grave concerns about human rights abuses

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? Continue reading “Repeal of pernicious and draconian ISA long overdue but new replacement of security laws raise grave concerns about human rights abuses”

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WSJ: Najib ‘barely keeping up’ with political reform demands

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. Continue reading “WSJ: Najib ‘barely keeping up’ with political reform demands”

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BN’s Cold War siege mentality is omnipresent

— 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. Continue reading “BN’s Cold War siege mentality is omnipresent”

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Criticism grows over ISA replacement’s threat to basic rights

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.” Continue reading “Criticism grows over ISA replacement’s threat to basic rights”