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repealed in March, but detention without trial will continue under two new laws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.
(Copyright 2011 Asia Times Online (Holdings) Ltd. All rights reserved. Please
contact us about sales, syndication and republishing.)
Head
Office: Unit B, 16/F, Li Dong Building, No. 9 Li Yuen Street East,
Central, Hong Kong Thailand Bureau:
11/13 Petchkasem Road,
Hua Hin, Prachuab Kirikhan, Thailand 77110
