PENANG - The 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 The ISA will be repealed in March, but detention without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".
Meanwhile, activists and a host of civil
society groups are pressing ahead with calls for reform to Malaysia's electoral
process. Two of the key demands include making it possible for overseas
Malaysians to vote and allowing the use of indelible ink to prevent double
voting, in view of concerns over the integrity of the electoral rolls.
It remains to be seen if the government will
implement the recommendations of a Parliamentary Select Committee, now touring
the country, to listen to and accommodate views from the public. The next
general election must not legally be held until 2013, but it is widely expected
Najib will call snap polls in the first quarter of 2011.
Najib’s mixed reform signals suggest that his
UMNO party is in an electoral predicament. On the one hand, it recognizes that
Malaysians are clamoring for change and reforms and that if it doesn’t bolster
its democratic credentials it could be shipped out at the next polls. On the
other, UMNO is steeped in a system of patronage and rent-seeking that has come
under much closer public scrutiny, particularly with the rise of more
independent media reporting over the Internet.
Any bid to open more democratic space could
increase the decibel level of the already gathering public outcry against
perceived poor governance. Opposition politicians and online news portals have
trumpeted a recent Auditor General report that has exposed revelations of
wastage and mismanagement in public spending.
That’s nothing new for Malaysia, but as the
outlook for the economy grows increasingly uncertain and public expectations
rise for better governance, the clamor for greater accountability and stronger
action against corruption will only grow ahead of the next polls. Policymakers
face a potential powder keg as they weigh the introduction of a new goods and
services tax to tackle rising public debts.
Opposition politicians say a clean and fair
election, greater freedom of assembly and other political and civil rights
would even the odds between the UMNO-led ruling coalition and the opposition
Pakatan Rakyat (People's Alliance) at the upcoming elections. That, they say,
explains why Najib, like his predecessor Abdullah Badawi, has failed to follow
through on his reform promise and is instead moving to curtail rights
specifically to maintain UMNO’s electoral advantages.
Anil Netto is a Penang-based writer.
Asia Times
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