KUALA LUMPUR: Several draconian laws including the ISA and
the three Emergency proclamations are to be repealed under major civil
liberty reforms announced by
Prime Minister Datuk Seri Najib Tun Razak on Thursday.
The historic changes, he stressed, were to accommodate and realise a
mature, modern and functioning democracy; to preserve public order;
enhance civil liberty and maintain racial harmony.
The changes,
which represent the biggest shake-up of the Malaysian system since
independence from Britain in 1957, were announced by the Prime Minister
in a prime-time television address on the eve of celebrations marking
the anniversary of the foundation of modern Malaysia.
The reforms include:
*Total repeal of the Internal Security Act
The
legislation, introduced in 1960 in the wake of an armed insurgency by
Communist rebels, gives the police wide-ranging powers to detain
suspects indefinitely.
It will be replaced by a new law that
incorporates far more judicial oversight and limits the powers of the
police to detain suspect for preventive reasons.
37 people are
currently being held under the ISA. There will be a six-month transition
period while the new laws are introduced, after which their cases will
be considered under the new legislation.
*Total repeal of the Emergency Ordinance
Introduced
following race riots in 1969, the Emergency Ordinance, which allows
suspects to be detained without charge for up to two years if permission
is granted by a Minister.
This too will be replaced by a law
that will not compromise on national security and terrorism while
increasing democratic accountability and judicial oversight.
*Removal of annual renewal of press and publication permits
All
licences will now remain valid indefinitely unless they are revoked, in
common with broadcasting regulations in many Western nations.
*Government to review Section 27 of the Police Act 1967
The
Malaysian constitution guarantees the right to freedom of peaceful
assembly. The law requires police permission before gatherings can go
ahead, including on private land such as stadiums. This law will now be
reviewed to bring Malaysia in line with international standards while
ensuring that the police retain the power to prevent violent scenes on
the nation's streets.
A host of other laws, including
those governing banishment and residence, will also be abolished or
reviewed. Any law found to be no longer relevant or justifiable will be
repealed.
Full text of Prime Minister Datuk Seri Najib Tun Razak's speech.
My beloved Malaysians,
1.Praise
be to God, with His permission and kindness, we are able to observe the
48th anniversary of the formation of Malaysia as an independent,
sovereign, democratic, peaceful and prosperous nation.
2. The
story of Malaysia is colourful indeed. We have evolved from a low-income
agricultural country at birth into a moderately high-income modern
industrialised nation today, as a result of systematic planning and
sustainable implementation. Although our success has been monumental and
most significant, it does not give us any reason to stop trying, feel
satisfied and comfortable or take it easy.
3. For the continued
survival and prosperity of the people in the highly competitive world of
today, let us redouble our efforts to improve the national
competitiveness through creativity and innovation and by stretching our
resources in creating new wealth based on independent entrepreneurship.
It may not be able to realise all these objectives without national
unity, peace, stability and harmony.
My beloved Malaysians,
4.
Reflecting on history, when the country achieved independence 54 years
ago and became Malaysia six years thence with Sabah and Sarawak, many
local people and foreign observers questioned whether a new nation, with
half the population living below the poverty line, having a demographic
diversity of unusual complexity, separated by the South China Sea and
threatened with a communist uprising, could remain intact as a nation
state, let alone be successful.
5. Evidently, Malaysia's
achievements thus far, garnered through trial and error, were destined
to be full of challenges. Looking at history, like a miracle in the
early age of a newly independent nation, the challenges became all the
more acute with the early adoption of a system and philosophy of
national administration based on parliamentary democracy, constitutional
monarchy and a federation when the acculturation process had yet to
mature.
6. Prior to independence, the people of the 13 states
which came together to form Malaysia never had the opportunity to choose
a ruling government or even the pattern of its administration. Their
existence was merely as citizens of colonial states accorded limited
political privileges at the discretion of the administrators. Certainly,
this is not a genuine political right arising from the citizenship of
an independent and sovereign state.
7. Before independence, the
people were given limited opportunity to choose their representatives,
first in the municipal elections of 1952 and then in the election of
some members of the federal legislative council in 1955. It was only
after 1959, following independence, that the people began to be given
the full right and responsibility to elect all members of the Dewan
Rakyat and state legislative assemblies with the absolute discretion in
determining the party that would form the government.
My beloved Malaysians,
8. Of course, we should be thankful because, from time to time, we were
able to overcome every internal and external impediment which
threatened democracy and personal freedom, such as the communist
uprising, confrontation against the formation of Malaysia, racial riots,
economic recession, religious extremism or racial chauvinism through
prudent, democratic action based on the principles of supremacy of the
constitution and rule of law.
9. It should also be remembered
that during that period it never at all occurred to the government to
switch the existing system of parliamentary democracy and constitutional
monarchy to any anti-democratic system, no matter how tough the
challenges faced. As recorded in the chronology of the country, owing to
the May 13 tragedy, the Yang di-Pertuan Agong, acting on the advice of
the Prime Minister then in accordance with Article 150 of the Federal
Constitution, declared an emergency.
10. One of the effects
arising from the declaration of the 1969 emergency was that the
uncompleted election process in Sabah and Sarawak was suspended. The
subsequent development was that the Dewan Rakyat elections were carried
out within a period of approximately 20 months later and the system of
Parliamentary Democracy was revived when the country was stable again.
11. Nevertheless, the late
Tun Abdul Razak,
as the Deputy Prime Minister and Defence Minister then, who was
entrusted to head the National Operations Council or MAGERAN, with
absolute executive and legislative powers, never had the intention to
retain the power longer than necessary.
12. It was abundantly
clear that the late Tun together with his colleagues then were fully
aware that the limitless extraordinary powers that they held could not
be made a habitude for the sake of our beloved country's future.
Instead, they appreciated that the absolute power was merely a trust to
curb and prevent any tragedy and chaos.
My beloved Malaysians,
13. In fact, as a country that practices parliamentary democracy, the
power to determine which political party would form the government,
whether at the federal or state level, lies absolutely and without
exception in the hands of the people. After more than 50 years of
independence and almost five decades of Malaysia's formation, we find
that the experience, maturity and wisdom of the people in the country in
choosing a government that could ensure that the future they aspired
for could not be denied by anyone else.
14. In fact, I have
often pointed out that the era where the government knew everything and
owned a monopoly on wisdom has long gone. The revolution in the fields
of information technology, development in communication and
sophistication in transportation had opened up competition as well as a
wide and dynamic comparison in the ideas market.
15. Currently,
public access to all levels of education is expanding in line with the
corpus of knowledge that they possess. At the same time, sustainable
economic growth, the reduction in the poverty rate and the social
engineering initiatives and their effectiveness, have succeeded in
raising the standard of living and created a significant middle class.
Now, the preference and requirements of Malaysians have undergone
massive changes compared to four or five decades ago.
16. Moving
further ahead, administering a nation that emerged from the
independence driven by the wishes of the people, the government is now
committed towards upholding the system of Parliamentary Democracy,
Constitutional Monarchy, rule of law, the federation philosophy and
principles of checks and balances between the three branches of the
government.
My beloved Malaysians,
17. As many of you
know, except for the emergency resulting from the (Indonesian)
Confrontation of 1964 which has been implicitly revoked, all
proclamations of emergency before this are still in force. Hence,
realising the changing realities, taking the pulse of the nation and
feeling the restlessness of the people aspiring for a more open Malaysia
with a dynamic democracy where the views, ideas and concerns of the
masses are given greater attention so that our system would be
comparable to the other democracies of the world that are based on the
philosophy "of the people, by the people, and for the people", the
government will present a motion, under Clause 3 Article 150 of the
Federal Constitution, to the two houses of Parliament for the three
proclamations of emergency to cease being in force. It is time for
Malaysia to forge ahead with a new paradigm based on new hope and not be
constrained by nostalgia for the past.
18. In our nation
building, while facing extraordinary circumstances threatening the
security of the country and the well-being of the people, sometimes
measures outside the norms of democracy had been called for. For
example, preventive detention. Prudence in handling terrorism calls for
preventive measures to protect innocent lives and property. This is a
universally accepted truth.
19. From an Islamic perspective,
this (preventive principle) is contained in the Syariah law aimed at
protecting religion, lives, minds, ancestry and dignity, and property.
The discipline of Syariah methodology deals at length with the need to
prevent evil. One principle states that the ruler was entrusted to make a
decision for the good of the many.
20. This is not anything
strange, unusual or isolated. Advanced democratic nations like the
United States and United Kingdom had formulated special legislation to
handle terrorism after the September 11 tragedy.
21. The checks
and balances that must exist in a modern democracy are between national
security and personal freedom. Finding the right balance is the duty and
responsibility of a government whose highest objective is the wellbeing
of the people.
22. For example, the freedom of expression
guaranteed in the Federal Constitution does not mean a right to slander
and stoke the fires of hate. The government is also responsible, to take
another example, of preventing anyone in a packed stadium raising a
false alarm of a bomb. An out-of-control freedom like this will cause
panic leading to injury and loss of lives. My beloved Malaysians,
23. I promised in the maiden speech I made when I took over as the
country's Prime Minister on April 3, 2009, that the Internal Security
Act (ISA) 1960 will be reviewed comprehensively. As such, I would like
to announce on this historic night that the Internal Security Act (ISA)
1960 will be abolished.
24. As a means of preventing subversive
activities, organised terrorism and crime to maintain peace and public
order, two new pieces of legislation will be formulated under Article
149 of the Federal Constitution. Basically, these laws will be aimed at
maintaining peace and wellbeing.
25. Above all, the government
will ensure that the rights of those involved will be safeguarded.
Legislation formulated will take into consideration fundamental rights
and freedom based on the Federal Constitution. The new laws will provide
for a substantially shorter duration of police custody and further
detention can only be made with a court order, except laws pertaining to
terrorism which will remain under the jurisdiction of the minister.
26. On the other hand, the government also gives its commitment that no
individual will be arrested merely on the point of political ideology.
In general, the power to extend the detention period will shift from the
executive to judiciary, except for the laws pertaining to terrorism.
27. In this context, besides abolishing the Internal Security Act (ISA)
1960, the government will also abolish the Banishment Act 1959 and
review several other laws to ensure that they meet current requirements.
Hence, we will not hesitate to amend or abolish laws that are no longer
relevant.
28. The comprehensive review will involve the
Restricted Residence Act 1933 and the Printing Presses and Publications
Act 1984 where the annual renewal principle will be abolished and
replaced with the issuance of a licence until and unless revoked. The
government will also review Section 27 of the Police Act 1967 by taking
into consideration the provision under Article 10 of the Federal
Constitution on freedom of assembly, but with a principle that is
strongly against street demonstration. Nevertheless, the approval to
assemble will be given in accordance with methods that will be outlined
later and after taking into consideration international norms.
My beloved Malaysians,
29.
As a country, Malaysia and its citizens are at a crossroads. The choice
we make today will determine the fate and the future facade of
Malaysia, the motherland which we will pass on to our children and the
generations to come. The question is, can we rise beyond, and challenge,
conventional wisdom that we as plural Malaysians, with varying economic
status and political ideologies, can come to a consensus to not to bow
and give in to the ember of hatred and suspicions, which will surely
drag us to the valley of disgrace. On the other hand, come and let us
power a future that is filled with hope and dignity.
30. Let us
have faith, that it is a strength and not a weakness to put our trust in
the wisdoms of Malaysians in determining our future. If we take this as
a mistake, what then is the meaning of our achievement today, what is
the use of planning the country's development in a structured way since
merdeka, what is the use of spending most of the country's resources
each year to give access to quality education to the people, to free the
people from the clasp of poverty, to build physical infrastructure and
world-class information communication technology?
31. The answer
is clear, that is, the measures which I have just announced are a
precursor to an orderly and prudent political transformation. This is an
important and necessary complement to the initiatives in the economic
field and public delivery which the government has formulated and
implemented since more than two years back in the effort to move towards
becoming a modern and progressive nation.
32. What is certain
is that time is not too early neither it is too late; this is the most
opportune time for us to make and implement these major changes. We are
absolutely aware that, although some my think it is risky, we are doing
this for our survival after 50 years of independence, after nearly five
decades of Malaysia's nationhood. We are indeed galloping forth towards
our destination to become a full-fledged developed nation.
My beloved Malaysians,
33. Finally, I would like to stress in no uncertain term that Malaysia
which we dream of and one that we are currently building, is Malaysia
which practices functional and inclusive democracy, where peace and
public order are safeguarded in line with the supremacy of the
Constitution, the rule of law and respect for basic human rights and
individual rights.
For Malaysia, let's do our best and leave the
rest to God. Wabillahitaufik Walhidayah Wassalamualaikum Warahmatullahi
Wabarakatuh. Thank you.
