Najib’s legal reforms legacy
Forgive me if I’m stating the obvious. Legal reforms notwithstanding, it’s not been very “open and democratic” around here recently. A quick review of all the new amendments and laws since Najib’s Malaysia Day announcement will demonstrate why.
By Ding Jo-Ann, The Nut Graph
ON 15 Sept 2011, the eve of Malaysia Day, Prime Minister Datuk Seri Najib Razak announced a slew of reforms to transform Malaysia into a more open and democratic country. Almost a year later, most of the promised “reforms” have been implemented.
But has anything changed? In just the past two months, the government and its agencies have charged opposition leaders for participating in a street protest, sued Bersih 2.0 leaders for damages, and accused Singaporean embassy officials of inappropriate behaviour for observing the Bersih 3.0 rally. The government also banned a book by a Muslim woman, refused to release remaining Internal Security Act (ISA) detainees, and attempted to raid human rights organisation Suaram’s office.
Forgive me if I’m stating the obvious. Legal reforms notwithstanding, it’s not been very “open and democratic” around here recently. A quick review of all the new amendments and laws since Najib’s Malaysia Day announcement will demonstrate why.
False reform
Peaceful Assembly Act (PAA)
Najib hailed the PAA as “revolutionary” and its enactment a “giant leap” in improving current laws. “Supposedly, [the Act] chokes freedom to assemble,” Najib said in Parliament, referring to criticisms against the new law. “Is this allegation true?” he asked. “Not true at all,” he replied to his own question.
Anwar (left) has been charged for participating in the Bersih 3.0 rally under the PAA (© Lainie Yeoh)
Barely six months after Najib’s statement, and shortly after the PAA came into force, the law was used to charge Opposition Leader Datuk Seri Anwar Ibrahim and two others for participating in the Bersih 3.0 rally. This really is no different from the days when opposition figures were charged under the Police Act for participating in street protests.
And talking about choking the freedom to assemble, the government literally did so when the police fired a total of 967 tear gas canisters at Bersih 3.0 protesters.
How then can this legislation be construed as being revolutionary and a giant improvement?
Printing Presses and Publications Act (PPPA)
When Najib spoke of amending the PPPA on 31 March, he said the government respected the media’s freedom to act as a check and balance on government.
But on 28 April, police beat up working journalists during the Bersih 3.0 rally even after the media personnel identified themselves. Police were also hostile towards journalists who attempted to record instances of police brutality against protesters. In some cases, the police damaged and confiscated journalists’ equipment.
Curiously, after the attacks on the media, several Umno-owned and government-controlled media were silent or played down reports of the police beating up fellow journalists. So much then for the government respecting the media and the media acting as a check and balance on government.
And that’s not all. Under Najib’s legal reforms, the print media must still obtain permits even if it doesn’t need to renew the permits annually. This means the print media is still subject to show-cause letters from the Home Minister which can result in newspapers losing their permits and journalists or editors being suspended.
