Interfaith group: Why no national security policy in NSC Bill?

The drafters of the recently-passed National Security Council (NSC) Bill seems to have neglected to include a requirement for a national security policy, an interfaith religious group said.

"It (NSC Bill) has over-focused on empowering the prime minister and the drafters of the Bill appear to have completely forgotten to require the NSC to produce a national security policy.

"It is understood that the government has not produced any document on national security policy until today," said the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) in a statement yesterday.

The statement was signed by six office bearers of the group, that is Venerable Jit Heng, RS Mohan Shan, Bishop Sebastian Francis, Sardar Jagir Singh, Daozhang Tan Hoe Chieow and Prematilaka Serisana.

If the NSC Bill is not suspended and a national security policy is not produced, they suggested that the NSC be expanded to include representation from other BN component parties.

This should also include ministers from Sabah and Sarawak so that the national security policy is inclusive of all interests, they said.

"If the Bill is not suspended then it must be amended to include cabinet ministers from other BN component parties so that a proper national security policy could be formulated and followed," they said.

They also expressed concern over a provision in the Bill which protects NSC members from any legal suits, saying that this would make the members completely unaccountable for their actions.

"The Bill must allow for a legal challenge in courts, so that any abuse could be checked. In democracy, such vast powers without check and balance cannot be given to a body," they explained.

The NSC Bill appears to be modelled after the US National Security Council, they noted, but they also pointed out that the US chapter merely serves in an advisory capacity.

Potentially usurping powers of Agong

The Bill also should have been formulated under Article 149 of the consitution, as was done with the Security Offences (Special Measure) Act 2012, they said.

Article 149 deals with legislation against "subversion and action prejudicial to public order".

The MCCBCHST also took issue with the Bill potentially usurping the powers of the Yang di-Pertuan Agong to declare an emergency or a "security area" as described in the NSC Bill.

They argued that the Bill is too vague and open-ended as well, which leaves the interpretation of what constitutes a "security issue" up to the NSC members.

The NSC Bill was pushed through Parliament on the last day of sitting for this year.

The new Bill gives the NSC the power to declare a place a "security area" and security forces can step in to arrest and make seizures without warrant.

This has garnered protests from the Opposition, human rights NGOs and academicians. -Mkini