Growing disquiet at lack of reforms

The government has been in power for more than 150 days. The government was elected to power on a promise to implement the pledges made in the joint manifesto. These include the reform of government institutions and the repeal or amendment of harsh and oppressive laws.

The Institutional Reforms Committee was set up by the Council of Eminent Persons to undertake a study of reforms required to be made. The IRC has completed its study and has submitted its recommendations to the CEP and the CEP, in turn, has submitted the recommendations to the prime minister.

The people are waiting to hear from the prime minister on the reforms to be made. Presumably, discussions have or are taking place within the cabinet.

Some of the recommendations would involve the repeal or amendment of harsh and oppressive laws. Some of these laws were designed or used to suppress dissent and to punish members of the opposition. Some of these laws were used to keep wrongdoings of civil servants or ministers secret.

Many of these harsh laws gave the civil servants or members of the enforcement agencies powers and discretion that were often abused with impunity. Suspects were taken in and kept in remand for varying and extended periods of time without being charged. Prisoners were often beaten and tortured. Many detainees died in custody.

We have a large number of prisoners on death row. Many are there because death is mandatory in the case of offences involving the possession and trafficking of drugs. There is a presumption of trafficking where one is caught with a certain amount of drugs.

Many so-called traffickers are themselves addicts. The drug lords are never caught. Studies done in many parts of the world show that the death penalty does not act as a deterrent.

There is also a growing body of opinion that considers the death penalty harsh and abhorrent. The are many reasons given for this view. Among which are the finality of death, the possibility of a mistake, the emphasis on forgiveness and rehabilitation as opposed to retribution.

There is also a need for society to acknowledge and accept that quite often, crime has its roots in the failure of governments to ensure an equitable distribution of the wealth of the nation - and the failure to eradicate deep and entrenched poverty in society.

The government pledged reforms to win the elections. There is growing disquiet at the delay. Statements made by some ministers raise questions about some back-peddling.

People expect there to be some resistance by the police to the repeal or amendment of some of these laws. These laws have made it easier for them to bring in suspects. But easier does not mean effective. And these laws are easily abused.

The Minister for Home Affairs must engage with the Bar Council, Suhakam, Suaram and many of the lawyers and social activists at the forefront of the human rights movement in order to obtain a better perspective of these issues.

There will be the temptation to retain some of these laws because you are on the right side of things. That would be wrong. --Mkini