Harapan’s blame game on abolishing draconian laws

 

“The Pakatan Harapan government will also abolish draconian provisions in the Penal Code, especially on peaceful assembly and activities harmful to democracy, Communications and Multimedia Act 1998, Security Offences (Special Measures) Act 2012 (Sosma), Peaceful Assembly Act 2012 and Prevention of Terrorism Act (Pota) 2015.”

– Lim Guan Eng

“Although we may not abolish these laws, we will make changes so that those parts said to be draconian, like (providing for) arrest and detention without trial, will be amended.

– Dr Mahathir Mohamad

"I know that there are no decisions made [regarding Sosma] in the 22 months.”

– Muhyiddin Yassin

One of the things that really angers me, when I see Pakatan Harapan political operatives demonstrate righteous indignation when it comes to oppressive laws that have been hanging over the heads of the rakyat like the sword of Damocles for decades, is that when given the opportunity to abolish those laws they did nothing.

Blaming the Sheraton Move is the dog ate my homework of excuses and merely a cynical attempt to deflect from the obscene fact that Harapan was more than happy to use this issue as a campaign talking point, like M Indira Gandhi, Teoh Beng Hock and the numerous other "crimes of the Umno/BN state", that came in handy when firing up the base but were cast aside when comfortable seats were filled with plump backsides in caverns of power in Putrajaya.

When it comes to this issue pre and post-election, my conversations with political operatives from both sides of the political divide, not to mention activists and average Joes who felt the brunt of these unjust laws, was that finally in the dawn of a new Malaysia, these laws would be abolished.

This never happened of course. Instead, Harapan under the old maverick and supine political operatives dithered and waffled, attempting to placate the mainstream political establishment and vested interests in the state security apparatus and these laws continued.

Social activists and academics who pointed out the hypocrisy of not repealing these laws were vilified by Harapan supporters who were content with the bread and circus of the Najib Abdul Razak trial.

Meanwhile, Harapan political operatives were gaslighting the public about the plotters of the Sheraton Move blaming the press for stirring trouble.

Not to mention, attempts to restrict public and private spheres even more.

Indeed Harapan went so far as to consider legislation which would make news portal operators responsible for their readers’ comments and Harapan toyed with amendments to existing laws but thankfully nothing came of it.

And let us not forget the numerous persecutions which involved the religion of the state and the unjust persecutions of not only the folks labelled LTTE terrorists but anyone who was attempting to spook the Malays which Harapan was deathly afraid.

These laws are enacted to muzzle the public but, more importantly, are vital tools in the “fear box” to remind the public that whatever they say or do against the state is always under scrutiny.

You can never tell whether what you say or do is seditious or an illegality, because these laws are there for the convenience of the ruling elite rather than any kind of traditional normative values or reasoning of a functional democracy.

Torture and abuse

And let us not forget the allegations of torture and abuse that go on for those held under these unjust laws.

There is some safety if you are a political operative or a well-known social activist but for the rest of us, the rules do not apply. From reportage in 2016, it was stated one detainee, in particular, was threatened at gunpoint during questioning, forced to strip naked and sexually harassed by officers.

"This detainee was stripped and bent over, his anus caressed with a water bottle.

“Another detainee was forced to strip and forced to bend over to be sodomised,” said Suaram executive director Sevan Doraisamy, who added that he was unsure whether the actual act was carried out or otherwise.

Keep in mind that the default position of the state security apparatus and the political class is that (1) all reports of malfeasances are fabrications, and (2) show us proof.

What these laws really ensure is political hegemony. What I have argued and so have many other legal and security professionals, and academics across the ideological divide – some of whom were detained under these laws and political operatives – is that there are enough legal provisions to maintain safety and security provided a professional and impartial state security apparatus does its job without resorting to such immoral, undemocratic measures.

Harapan supporters, who think that these laws are needed to curtail the religious and racial excesses of the Malay far-right are delusional.

When Harapan was in power, what it did was capitulate to far-right elements instead of using these so-called laws which are claimed to be needed to preserve the safety and security of all citizens.

So again, what are we dealing with here? We are dealing with the collusion between the political class and the state security apparatus.

This is why there is really nothing to be said about any efforts by any coalitions to reform the state security apparatus and abolish obnoxious laws.

As long as there is no independent oversight, the state security apparatus and the political class will continue colluding and merely change positions depending on whose "boy" is put in positions of power.

Now Harapan political operatives are attempting to tell us how bad these laws are and how much they oppose them.

Don’t make me laugh. When you had the chance to abolish them, you instead chose to use them. - Mkini

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S THAYAPARAN is Commander (Rtd) of the Royal Malaysian Navy. Fīat jūstitia ruat cælum - “Let justice be done though the heavens fall.”

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.