Transmenu powered by JoomlArt.com - Mambo Joomla Professional Templates Club

©The Sun (Used by permission)
by Jeyaseelen Anthony

BEFORE Malaysia attained her independence in 1957, the founding father and then president of Umno Datuk Onn Jaafar made a very controversial suggestion to his party members, one that would ultimately cost him his political career. He called for Umno membership to be opened to all Malayans regardless of ethnicity, and for Umno to be renamed the “United Malayans National Organisation”. His recommendation was bitterly opposed by the conservatives within Umno. He paid a heavy price for his far-sightedness, and it was the reason for his departure from the party in 1951.

The results of the 12th general election have shown that Onn’s vision is closer to becoming a reality. Today, for the first time in Malaysian history, we saw people from the three major ethnic groups contesting in the election under the auspices of Parti Keadilan Rakyat (PKR), although perceived to be a pre-dominantly Malay party. This may be viewed as an early sign of the rejection of race-based politics by the people. In fact, it may be said that the results of the election endorse the idea of a single “Malaysian race” or “Bangsa Malaysia” in place of the rampant communalism we have witnessed in the past.

The new face of Malaysian politics where the Barisan Nasional has been denied a two-thirds majority, with a greater representation by the Opposition in Parliament will mean that there ought to be a new landscape for human rights in Malaysia. The Federal Constitution will not be amended easily. For example, the recent amendment to extend the tenure of the Election Commission chairman would not see the light of day in today’s circumstances. In essence, the absence of a two-thirds majority in Parliament would help maintain the basic structure of an already weakened Constitution. Important features such as the fundamental rights of the individual under Part II need to be protected as far as possible.

We will also expect more Private Member’s bills to be introduced by the Opposition to initiate changes to our existing laws or to call for the introduction of new ones. In fact, this formed part of the manifesto of some of the elected candidates. Thus, we may see attempts to repeal the Internal Security Act 1960 or amend some of its draconian provisions. A host of other repressive laws like the Sedition Act, Printing Presses and Publications Act and the Offi cial Secrets Act, to name a few, may come under scrutiny.

An interesting point to note is that the first time a member of Parliament introduced a Private Member’s bill was way back in 1966, which was also the last time it was done. It was introduced by Dr Lim Chong Eu, who was a member of the Opposition at that time. Unfortunately, the bill to amend the Constitution was shot down as the government held a two-thirds majority.

Now, with greater opposition representation, it is hoped that “people-friendly” laws relating to, for example, the environment and social justice will be introduced. A start would be to introduce a Freedom of Information Act to promote transparency and accountability in the public service. An amendment to Article 121A of the Constitution to remove its apparent ill-effects would be welcome. Judging from the current state of affairs, especially where the electorate has shown its dissatisfaction via the ballot box on a variety of issues ranging from the state of the judiciary to racial and religious intolerance, support from the government for such an amendment would not be impossible. And for the first time, we might see a Private Member’s bill become law. Further, we will see more public bills introduced by the government subject to intense debate and scrutiny by the Opposition, and it is hoped that there will be changes in policies and legislation particularly with regard to human rights. A bill may also be defeated if it does not represent the interests or does not reflect the sentiments of the people, provided both the Opposition and some MPs from the government oppose it. The Special Complaints Commission Bill which was tabled in Parliament instead of the much favoured Independent Police Complaints and Misconduct Commission will undoubtedly be the subject of severe scrutiny by the Opposition, if it were ever reintroduced in its earlier form. We should expect therefore to see a bill that more appropriately reflects the recommendations of the Royal Commission and one that is introduced after a comprehensive consultation with non-governmental organisations. Parliamentarians on both sides of the divide have been put on notice that the days of high-handedness and arrogance, taking the wishes of the people for granted, are gone. The electorate is watching their every move and what they say. The results of the election are a testimony to this reality.

On the issue of international human rights law, we should expect the Opposition to challenge the government’s refusal to accede to a number of major international human rights conventions such as the International Convention on Civil and Political Rights, the Convention against Torture, the International Convention on Economic Social and Cultural Rights and the Convention on the Elimination of Racial Discrimination. There should be intense pressure from the Opposition to push this agenda of ratifying human rights treaties through.

It goes without saying that an effective Parliament requires a strong opposition. The rakyat have shown in no uncertain terms that they will not be taken in by the old song sung again that the country does not need an Opposition in Parliament or “zero opposition” anywhere else. It is only with a strong opposition presence in Parliament that the excesses of the government of the day will effectively be kept in check.

Jeyaseelen Anthony is a member of the Human Rights Committee, Bar Council Malaysia. For more information, visit http://www.malaysianbar.org.my/hrc. Complaints of rights violations may be forwarded to rezib@malaysianbar.org.my for the consideration of the committee.

Comments (0)

Subscribe to this comment's feed