By keeping Sedition Act, PM pandering to those bent on creating disharmony, Bar Council says

(Malay Mail Online) – The Malaysian Bar called out Datuk Seri Najib Razak today for reneging on his promise to repeal the Sedition Act, saying the prime minister was playing into the hands of parties creating societal discord.

Its president Christopher Leong said there are groups here that have created an environment of disharmony by abusing the Federal Constitution, distorting history, exploiting insecurities and resorting to scare-mongering tactics and violent threats when handling criticisms or differing views.

“These people are not brought to account by the law. Instead, the Act is used against the persons who raise questions, concerns or criticisms.

“In maintaining the Sedition Act 1948, we would be playing into the hands of, and caving to, pressure by these irresponsible quarters,” he said in a statement today.

As part of his administration’s raft of reforms, Prime Minister Datuk Seri Najib Razak had in 2012 pledged to do away with the Sedition Act and replace it with laws on national harmony.

He repeated his promise twice more, most recently on September 5, after news reports described him as wavering from pressure from conservatives within the party.

But at the 65th Umno annual general assembly yesterday, Najib declared to roaring approval from the delegates that the Sedition Act 1948 will remain, and be strengthened with two extra provisions: One prohibiting insults against all religions, and the other prohibiting talks of Sabah and Sarawak seceding from Malaysia.

Leong said the about-turn was “disappointing”, and that he was appalled that Najib had not just decided to shelve plans to repeal the Act but even wants to “strengthen” it.

He told the prime minister that a promise is a commitment to carry through a matter despite difficult circumstances, and not only when it is convenient to do so.

Leong said that far from fostering national unity and peace, the Sedition Act will only perpetuate a society of disharmony, adding it was erroneous to think that the colonial-era law is the country’s answer to maintaining and promoting peace and harmony.

“It is ludicrous that Malaysians would not only be prohibited from discussing and debating issues of public and national interest, or constitutional matters, but would be criminally punished for doing so.

“This is highly oppressive, and represents a lurch towards authoritarianism.  It is delusional to imagine that such draconian legislation would foster national peace and harmony,” he said.

“There is nothing in the history of the Sedition Act 1948 and its use — either previously or currently — that supports any such notion. The act was not designed nor intended to achieve true peace and harmony.

“Its sole purpose was to entrench power and control by denying democratic rights and space through suppression and punishment,” he said.

He insisted that the government to abide by and put into effect its promise to repeal the Sedition Act 1948, and to propose new national harmony legislation that would serve to promote and achieve genuine peace and harmony.

Putrajaya has in recent months increased its use of the colonial-era law to unseen levels with over 20 people — mostly opposition party members, lawyers, academics, activists and a journalist — charged.

In just nine months this year, 12 cases have been prosecuted under the Sedition Act ― the highest figure since 2009 ― raising alarm in civil society of the government’s perceived clampdown on dissent.