Najib thinks twice on reform
The new law in Malaysia means large street protests such as the July 9 rally this year organized by the Coalition for Clean and Fair Elections (Bersih 2.0) which saw tens of thousands of people taking to the streets would be effectively outlawed in future.
By Anil Netto, Asia Times
he speedy passage of the ironically named Peaceful Assembly Bill – which effectively legally bars street protests – has put Prime Minister Najib Razak’s avowed commitment to ushering in greater democracy and civil liberties under intense new scrutiny.
On September 15, Najib surprised many when he announced a repeal of the Internal Security Act, the lifting of various 1970s era “emergency” promulgations and related orders, and an easing of strict laws governing publication permits and public gatherings.
Since then, however, little has actually changed in practice. The ISA will be repealed in March, but detention without trial will continue under two new laws to deal with terrorism and maintain public order. Last month 13 people, including six Indonesians, were detained under the ISA in Tawau, Sabah, for alleged terrorist activities, sparking criticism that the arrests made a mockery of Najib’s earlier avowal to repeal the law.
Home Minister Hishammuddin Hussein said the arrests were in line with the new anti-terrorism law that would replace the ISA. The Indonesians would be deported upon completion of investigations, “but the Malaysians will be charged if there is sufficient evidence,” he said. Critics have pointed out that the existing Penal Code was already amended a few years ago to deal specifically with terrorism.
Even more contentious was the manner in which the Peaceful Assembly Bill was stream-rolled into law on Tuesday, even as the Malaysian Bar Council rallied a thousand lawyers and activists for a peaceful “Walk for Freedom of Assembly” march to parliament. Despite the government making half a dozen amendments to the original Bill, opposition parliamentarians walked out of parliament after the speaker allowed only three from their ranks to debate the bill.
The bill forbids street protests and imposes a host of rulings for other assemblies, though it allows gatherings at designated areas away from public or government facilities. Initially, the bill also provided for a 30-day notice period for organizers to inform the police of assemblies at non-designated areas. Following a public outcry, the notice period was reduced to 10-days. Critics pointed out that even under traditionally military-run Myanmar’s new public assembly law, organizers need give only five days notice.
The new law in Malaysia means large street protests such as the July 9 rally this year organized by the Coalition for Clean and Fair Elections (Bersih 2.0) which saw tens of thousands of people taking to the streets would be effectively outlawed in future. The July 9 rally was declared illegal at the time, but that didn’t stop thousands from marching in support of electoral reforms. The next time, potential protesters will have to contend with heavier penalties.
Even before the Arab Spring in the Middle East and North Africa, large street rallies have rattled the Malaysian government. In March 2008, for instance, the political opposition made sharp inroads in the general election after two large rallies, one of them by Bersih, were held and repressed in November 2007.
Malaysia’s ruling party, the United Malays National Organization (UMNO), in power since independence from colonial rule was achieved in 1957, has cast a wary eye over what is happening in the Middle East. An UMNO Youth leader, Khairy Jamaluddin, has accused opposition leaders of drawing comparisons with the Middle East to “to instigate people to take part in street revolutions and in the process manufacture a Malaysian version of the Arab Spring”.
