Bar president reminds govt to abolish repressive laws

The Malaysian Bar president AG Kalidas reminded the Malaysian government that with its election to the United Nations Human Rights Council for the 2022–24 term comes an obligation to get rid of repressive laws.

He also welcomed the recent appointment of former minister Azalina Othman Said as the Special Adviser (Law and Human Rights) to the Prime Minister, saying it was a step in the right direction and increases the possibilities of the Malaysian Bar engaging with the government to develop and strengthen policies.

"The Malaysian Bar is resolute in our call that the government must take concrete steps towards repealing and abolishing draconian laws.

The 12th Malaysian Plan (12 MP) only very tamely provided that the government will review or amend laws related to crimes.

"We call for the abolition of the Prevention of Crime Act 1959 and Prevention of Terrorism Act 2015, both of which permit detention without trial for up to two years at a time, renewable indefinitely," said Kalidas in a statement today.

He said Malaysia's election to the council was an important achievement and presents an opportunity for Malaysia to contribute to the development and protection of human rights on the global stage, as well as on the domestic front.

"This must further translate into a vision for stronger recognition and protection of human rights in Malaysia, and the political will to carry out such reforms," he said.

Kalidas suggested that aside from appointing Azalina, Prime Minister Ismail Sabri Yaakob could create a full-fledged and stand-alone law and human rights ministry.

"This would have full charge and responsibility of shaping pro-human rights laws and practices that would enhance the well-being of ‘Keluarga Malaysia’ and be equipped to face the many human rights challenges to Malaysia that are gathering on the horizon," he said.

He also took aim at the continued absence of meaningful “due process” protections which he said may lead to one-sided hearings before their respective boards, which are not courts.

"This is clearly contrary to the idea of an open and fair trial. Provisions in the Sedition Act 1948, Printing Presses and Publications Act 1984, and sections 233 and 263 of the Communications and Multimedia Act 1998 contain excuses for the authorities to undermine and restrict the right to freedom of speech and expression and mere ‘annoyance’ may be sufficient in certain circumstances.

"Sections 124B to 124J of the Penal Code are themselves a threat to the democratic system of governance in Malaysia," he pointed out, adding that in combination they are a collective affront to the rule of law, basic human rights values, and various constitutional safeguards.

Abolishing or repealing these laws will demonstrate the government’s resolve to uphold the rule of law and democratic principles, as measured by international norms and standards, he added. - Mkini