July 30, 2015
YAB Dato’ Sri Mohd Najib bin Tun Abdul Razak
Prime Minister of Malaysia
Office of the Prime Minister
Main Block, Perdana Putra Blg
Federal Government Administrative Centre
62502 Putrajaya
MALAYSIA
per email: ppm@pmo.gov.my
Honourable Prime Minister
As an association comprised of peak bodies representing the legal profession of ESCAP region, LAWASIA writes to express a growing regional concern, in light of developments that bring into question whether core values underpinning the rule of law and the preservation of human rights are currently present in Malaysia.
It refers in particular to enactment of recent legislation, and the use of these laws, which leave an escalating impression that fundamental rights of Malaysian citizens have become increasingly compromised.
While respecting the right of a democratically elected government of any country to develop laws as it sees fit, LAWASIA is compelled to comment, in particular on the recent enactment of the Prevention of Terrorism Act 2015 (POTA), amendments to the Prevention of Crime Act 1959 (POCA) and on changes to the Sedition Act 1948.
It is clear that the provisions of POTA, which allow for indefinite detention of terrorist suspects without challenge, justification or judicial review, sit contrary to Resolution 2178 of the United Nations Security Council. This resolution requires that legislation enacted by states to prevent terrorism complies with international human rights law and rule of law.
It is alarming that the government of a country that currently holds a seat on the United Nations Human Rights Council has shown disregard for Resolution 2178 as it enacts its own legislative reaction to terrorist threats and to fear of legitimate dissent.
Concern is exacerbated where, instead of meeting its promise to the people of Malaysia to repeal the Sedition Act 1948, the government has both retained and strengthened aspects of it.
Malaysia’s legal profession, through a joint statement of the presidents of the Malaysian Bar, the Advocates Association of Sarawak and the Sabah Law Association of 17 April 2015, has opined that this amendment of an already repugnant colonial relic law “restricts and even extinguishes, the freedom of speech and expression, and hence tramples on the constitutional rights of Malaysians.”
The legal community of the region cannot overlook the strength of reaction to these developments from those who are versed in the constitution and the laws of Malaysia and cognisant of principles that inform international law.
Malaysia is influential country in the Asia Pacific region and is now the chair of ASEAN. It has developed remarkably in the 58 years of its existence since independence. It is looked to by its neighbours to provide an example of a modern democracy in this region that adheres to the rule of law and universally–held principles that enshrine the protection of human rights. The right to express legitimate opposing views to those of a government is an essential component of this construct. It hallmarks a modern democracy where government is able to tolerate reasonable dissent without recourse to repressive and draconian legislation that seeks to stifle it.
LAWASIA encourages your government to step back from the current path of legislative change and excessive use of oppressive laws, which leave an impression that Malaysia is no longer a society that values the rights of all its citizens nor seeks to promote harmony over conflict and authoritarian rule.
Yours sincerely
Isomi SUZUKI (Mr)
PRESIDENT
CC:
The Minister in the Prime Minister’s Department responsible for Law, YB Puan Hajah Nancy Binti Shukri
Level 9, Bangunan Hal Ehwal Undang–Undang,
Presint 3, Federal Government Administrative Centre,
62692 Putrajaya MALAYSIA.
Attorney General of Malaysia, Tan Sri Dato’ Sri Haji Mohamed Apandi bin Haji Ali
Attorney–General’s Chambers
No. 45,Persaran Pentana
Precinct 4 Putrajaya 62100 MALAYSIA
The Malaysian Bar
No 13,15.17 Leboh Pasar Besar, 50050 Kuala Lumpur MALAYSIA
The Advocates Association of Sarawak
The Bar Room, Jalan Gersik, Petra Jaya,
93050 Kuching, Kompleks Mahkamah Kuching, Sarawak MALAYSIA
The Sabah Law Association
W.D.T. no. 414, 88904 Kota Kinabalu, Sabah, MALAYSIA