Malaysiakini :: Letters
Malaysiakini :: Letters |
| ISA: Don't cheer till new laws can be scrutinised Posted: 20 Sep 2011 03:05 AM PDT Anyone aware of Sun Tzu's 'Art of War' will know that a surprise indirect attack yields higher chances to success. In political warfare, adding a bit more of hypocrisy and media coverage will make the outcome even much better. Perhaps, that is Najib's latest recipe for the coming general election. On hypocrisy, let me highlight these points. Firstly, the draconian Internal Security Acts (ISA) is a violation of human rights and democracy. Thus, the country should not have had it in the first place, not to mention it being purposely and radically misused it by the BN government. So, what is the big deal? Abolishing the ISA is just correcting what the government has done wrong previously. Indeed, this removal of this draconian act should be accompanied with a formal apology to the victims and strong condemnation on those who established and misused it. The reason given by the minister is that those people are detained 'legally' as the ISA is still law. Nonetheless, is this so-called law morally correct and justified when democracy and human rights are taken into consideration? Detention through ISA may be legally correct, yet the agenda behind the usage of that draconian law is strongly questionable. The treatment to detainees is another mockery of the nation's legislation and human rights practices. Secondly, the prime minister's claim of having two new laws to replace the ISA should be read with caution. Will they be different from the one they are going to replace? If Najib is sincere in wanting to abolish ISA, why must there be other 'replacements'? Further, the removal only can be done next year. Does that mean if BN does not win the coming election (should it be held this year), they still can use the ISA to turn around the results. Thirdly, there many other ways to curb opposing views, such as using the laws on sedition and defamation. The former has already been widely used while the latter has bankrupted many opposition leaders in Singapore. Besides, BN can still rely on Utusan Malaysia, Perkasa and Malay ultras to cause tension as a warning for opposing the rule of BN. Fourth, there are other restrictions on Malaysians other than on human rights. Every day and night we live in fear of theft and crime. On the roads, our rights are suppressed in order to avoid possible violent acts by road bullies. We cannot use public parking spaces as they are being illegally occupied by illegal car jockeys, eateries and car repair shops. Illegal 'Ah Long' advertisements have taken over our cities, including road signboards. These are also the rakyat's basic freedoms and rights that are denied due to the inaction of federal, state and local government and their agencies. Thus, as Teresa Kok (MP for Seputeh) warned, welcome Prime Minister Najib Abdul Razak's political reforms with caution. Not long ago, those BN top fellows swore to protect their reign with blood. So, do we believe that they would reform laws not favouring them? If 1Malaysia was the top hypocrisy last year, do we expect these political reforms announced on Malaysia Day to come out tops this year? |
| New laws to replace ISA must uphold human rights Posted: 20 Sep 2011 01:57 AM PDT In response to the Prime Minister's suggestion that the Internal Security Act be replaced with two new laws, I urge him to disclose more details as to the breadth and depth of the new laws. This is required not just to dispel any suspicion that the two new laws will replicate the draconian functions of the ISA, but also by making the drafting of these new laws an open and transparent process, show that he is sincere in democratic reform. DAP, Pakatan Rakyat, along with human rights advocates have been strongly against the ISA because it is a political tool used to silence dissent. Over many years the ISA and other legislations that allow for detention without trial have been used to detain opposition politicians including elected MPs, dissident academics, social activists, and even journalists reporting facts. These people have never, at any point in their lives, posed any threat to the security of this nation. Yet, their freedom was taken away for years. I hope that any new law that is being drafted must remove the arbitrary and absolute powers of the minister in charge. For a ruling party politician who has vested political interests to hold such powers, effectively making him/her the prosecutor and the judge simultaneously, this goes against the doctrine of separation of powers. There must be checks and balances in the form of an independent judiciary as well as the Independent Police Complaints and Misconduct Commission (IPCMC). If the new laws fail to address the problem of unchecked authority, it will be deemed a complete failure in terms of democratic reform. Detention without trial takes away the right of the accused to defend him/herself. Hurt and suffering is brought not only on detainees but also their families. In this regard, I urge for any new laws that are to be introduced to take on a human face and uphold basic human rights as accorded under the Universal Declaration of Human Rights. A person suspected of a crime is not guilty until and unless proven in a court of law. Najib and his cabinet should spend more time improving the functions of our police and other enforcement agencies and no longer accept the trivial excuse that a lack of evidence necessitates detention without trial. CHOW KON YEOW is Member of Parliament, Tanjong, a Penang state exco member and state assemblyperson, Padang Kota. He is also Penang DAP State Chairman. |
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