On Merdeka wish list, watchdog wants Putrajaya to scrap Sedition Act

 

The Society for the Promotion of Human Rights Malaysia, or Proham, is demanding that Putrajaya remove the Sedition Act as it is an archaic law meant to stifle freedom fighters. – The Malaysian Insider pic, August 31, 2014.

A human rights watchdog is urging Putrajaya to honour Malaysia’s independence by removing the Sedition Act, which it says is a legacy from the British colonial era. The Society for the Promotion of Human Rights Malaysia (Proham) chairman Datuk Kuthbul Zaman said the Sedition Act 1948 was used by the colonial administration to stifle the activities of independent fighters.

"Prime Minister Datuk Seri Najib Razak should keep his promise and repeal the Sedition Act as it is outdated," he said in a statement today. He said Najib had already abolished the Internal Security Act 1960 and the Emergency Ordnance 1969.

"The Sedition Act has been recently used frequently to stifle the freedom of speech and it is a violation of democratic principles. "This is weakening the foundations of human rights in Malaysia. There is a strong suspicion that the Sedition Act is being used against opposition MPs."

Kuthbul said constructive discussions would provide a deeper commitment to the principles of the Federal Constitution. "Just because an individual raises a question or thought does not mean that the core theme such as religion, language, special position and monarchy will be dismantled."

Kuthbul warned that legitimate questions and criticism on politicians and political parties should not be deemed seditious. "This is part of the democratic and political process and these leaders must use the public space to convince the general public. "Holding leaders accountable is part and parcel of holding public office in a democracy."

Last week saw a number of opposition lawmakers charged under Section 4(1) of the Sedition Act, which provides for a jail term of up to three years or RM5,000 fine or both. They are: PKR vice-presidents Rafizi Ramli and N. Surendran, Shah Alam MP and PAS central committee member Khalid Samad, and DAP Seri Delima assemblyman R. S. N. Rayer. DAP Seputeh MP Teresa Kok and PKR Batu MP Tian Chua are also facing trial for sedition, while former Perak MP and Changkat Jering assemblyman Nizar Jamaluddin was charged with criminal defamation for a statement he had allegedly made two years ago.

Critics are calling the move an attempt by Putrajaya to silence its political foes. – August 31, 2014. -

See more at: http://www.themalaysianinsider.com/malaysia/article/in-merdeka-wishlist-watchdog-wants-putrajaya-to-scrap-sedition-act#sthash.wAVK68Fm.dpuf

NGO: British used sedition to silence Gandhi

 

NGO: British used sedition to silence Gandhi9:26AM Aug 31 |      8
Proham reminds gov't they are using same law to stifle legitimate discussion.



By Malaysiakini

 

As the nation celebrates independence from British rule today, the government's use of the colonial-era Sedition Act 1948 has come under severe criticism.

Rights group Proham notes that the British had used the law to silence India's iconic Mahatma Gandhi who had questioned the illegitimacy of the colonial rulers.

"Proham is of the opinion that the Sedition Act 1948 is a legislation which was first introduced by the colonial administration to stifle the activities of independent fighters.

"While it was not extensively used in Malaya then, the situation was very different in the Indian independence struggle when the then colonial administration used it extensively to arrest and detain Gandhi and other Indian independence fighters," said the NGO chairperson Kuthbul Zaman and secretary-general Denison Jayasooria.

The duo in a joint statement today said the Act must not be used to silence "legitimate questions and criticisms" against politicians and rulers as it is part of the democratic process.

Instead, they argued, the government should be "more concerned with those who advocate the use of violence and associated with groups locally or internationally".

The lead up to this Merdeka has seen the government cranking up the use of the Sedition Act against opposition leaders and dissidents, with four being charged last week.

Repeal Sedition Act now

This comes in spite of the government's repeated insistence that Prime Minister Najib Razak's promise to repeal of the Act made two years ago is still on track.

Kuthbul and Denison urged a swift repeal of the Sedition Act, warning that its increased use is "weakening the foundations of human rights" in the country.

The duo said the government should be more open to open debate as part of the democratic process.

"We must be careful that legitimate questions and criticisms on politicians and political parties even those holding public office should not be considered as seditious.

"We must recognise that just because an individual raises a question or thought it does not mean that core theme such as religion, language, special position and monarchy will be dismantled," they said.

 

Source: http://www.malaysiakini.com/news/273206

Proham calls Government to free Malaysia from a Colonial law by repealing the Sedition Act as promised and cease to use it during this review period

Proham is of the opinion that the Sedition Act 1948 is a legislation which was first introduced by the colonial administration to stifle the activities of independence fighters.

While it was not extensively used in Malaya then, the situation was very different in the Indian independence struggle when the then colonial administration used it extensively to arrest and detain Gandhi and other Indian independence fighters.

Proham is of the opinion that the current Sedition Act 1948 is outdated and as promised by the Prime Minister during the GE 13 elections should be repealed like how the ISA and the Emergency Ordinance was.

The recent heighten use of this Act is being viewed as stifling freedom of speech and violation of democratic principles. This can be also seen as weakening the foundations of human rights in Malaysian society. There is also a strong feeling that the Sedition Act is being used now against the opposition elected members of parliament.

Open rational and objective discussions will provide a deeper commitments to core principles of the Federal Constitution. We must recognise that just because an individual raises a question or thought it does not mean that core theme such as religion, language, special position and monarchy will be dismantled.

The Federal Government could institute open discussions through which stronger historical, constitutional and rational interpretation could be provided so as to win public opinion on these matters.

We must be careful that legitimate questions and criticisms on politicians and political parties even those holding public office should not be considered as seditious. This is part of the democratic and political process and these leaders must use the public space to convince the general public. Holding leaders accountable is part and parcel of holding public office in a democracy.

Government must however be more concerned with those who advocate the use of violence and associated with groups locally or internationally.

Proham also reiterates its earlier call to the Federal Government to amend the Mediation Act 2012 and mandate individuals and groups to undergo a mandatory mediation process

It is therefore imperative that in the 2014 Merdeka and Malaysia Day the Federal Government institutes a stronger human rights friendly environment where the rights and responsibilities of citizens are enhanced rather than undermined

Issued on behalf of Proham by

Datuk Kuthbul Zaman (Chairman) and Datuk Dr Denison Jayasooria (Secretary General)

August 31, 2014

PROHAM 2014 MERDEKA AND MALAYSIA DAY WISH

 

 

As we celebrate our 57^th Merdeka Day (on August 31, 2014) and 51^st Malaysia Day (on Sept 16, 2014) there is much sadness over the loss of lives through the two national airlines tragedies we have experienced. However we can recollect that during these sad days we have also experienced the outpouring of solidarity and sympathy for the suffering among us.

As we move on as a nation we must be focused on the realisation of VISION 2020 which is only six years away. It was 23 years ago on Feb 28, 1991 that the then Prime Minister, Dr Mahathir Muhammad unveiled the Nine Challenges. Then we envisioned not just economic progress but a holistic one, moving beyond economic and business.

PROHAM likes to remind the nation that among the nine challenges are two significant ones pertaining  to human rights and fostering an appreciation of our ethnic, linguistic, cultural and religious diversity.

These two are:-

Challenge 3: Fostering and developing a mature democratic society.

Challenge 5: Establishing a matured liberal and tolerant society.

In this context PROHAM calls on the Prime Minister Dato Seri Najib Tun Abdul Razak to keep his reform agenda in focus by strengthening human rights compliance as well as building the mechanisms in Malaysian society for greater appreciation of our diversity.

Some prominent individuals and groups in Malaysia have expressed their objections and unhappiness with the Prime Minister over the repeal of the ISA and his promise to review the Sedition Act.

PROHAM is of the opinion that the Prime Minister and the Federal government had made promises during the 2013 general elections in adopting a strong human rights agenda in governance. They must therefore keep the course in fulfilling the promises made.

Malaysia plays an active human rights defender role on the rights of Palestinians and Rohingyas. Malaysia will have a major credibility gap if at the global level, we articulate these from an international human rights position but at the domestic we neglect these. Therefore Malaysia must ratify major human rights conventions and ensure local laws, policies and programs give adherence to global human rights standards and benchmarks.  

PROHAM also recognises the rise of insensitive cultural, religious, ethnic and linguistic comments and actions. There are no effective remedies to address these currently other than filling Police reports leading to Police investigations and the court process. Therefore there might be a need to create another  vehicle for conflict resolutions and mediation.

POHAM feels where there is no violence or threat of violence, a non-criminalisation process might be more effective. The current 2012 Mediation Act could be amended and new provisions made for compulsory participation in the mediation process.

In addition participation in a compulsory anger-hate management session by a trained counsellor could also be required. These alternative conflict resolution and mediating mechanism could be one way forward towards realising Vision 2020 in fostering a matured and tolerant society where there is mutual respect for all in Malaysian society.

Issued on behalf of Proham by:-

Datuk Kuthbul Zaman Bukhari (Proham Chairman) & Datuk Dr Denison Jayasooria (Proham Secretary General), August 24, 2014

Almost a decade on, lawyers continue push for IPCMC

By Joseph SipalanAugust 16, 2014 (Malay Mail)

KUALA LUMPUR, Aug 16 — There remains a legitimate need for Putrajaya to get the Independent Police Complaints and Misconduct Commission (IPCMC) back on track due to the high rate of deaths in police custody in the past three years, the Malaysian Bar said today.

Malaysian Bar President Christopher Leong said the existing Enforcement Agency Integrity Commission (EAIC) — which was created in 2011 by the government in place of the IPCMC — clearly failed to rein in the rate of custodial deaths, which hit 231 cases or one death every three weeks between 2010 and May 2013.

 

“There should be no more dithering, delays or excuses.  The IPCMC remains as relevant today as it was when the Royal Commission’s report was released in 2005,” he said in his speech at a forum on police accountability in Malaysia.

Leong said the EAIC, which was set up after strong opposition to the IPCMC, is crippled by a list of fundamental weaknesses that make it ineffective in dealing with complaints of misconduct by law enforcement personnel.

He said the EAIC can investigate complaints, but the police can ignore whatever recommendation made by the commission and launch its own internal probe on any complaint levied against the force.

The EAIC is also bogged down by a heavy workload, handling hundreds of complaints lodged over the years while keeping tabs on 19 separate government agencies — all while having just one investigating officer since May last year and a miniscule budget of just over RM7 million each year, he added.

“Last but not least, the six EAIC commissioners who were appointed on April 1, 2011 had their three-year term expire on March 31 this year.  To our knowledge, no new commissioners have been appointed to date, rendering the EAIC a commission without any commissioners for the past four months,” Leong said.

 

The senior lawyer said the ICPMC is the only way the government can address the shortcomings of the EAIC, as it would enable “transparent civilian oversight of, and public accountability by” the police.

He added that the police should also support the creation of the IPCMC if it aspires to become a world-class professional outfit that upholds values of integrity, efficiency, accountability and service.
“It must be courageous enough to submit itself to an independent external oversight commission that is dedicated to the police force.

“Only then can the PDRM develop itself into an institution that lives up to its motto of ‘Tegas, Adil dan Berhemah’ (Firm, Fair and Prudent) and engender consistent respect from all Malaysians,” Leong said.
 

- See more at: http://www.themalaymailonline.com/malaysia/article/almost-a-decade-on-lawyers-continue-push-for-ipcmc#sthash.1FijjVbp.dpuf

‘Let’s hear it from moderation backers’

       

 

              

Making a stand Malaysians protesting racial and religious extremism in Brickfields, Kuala Lumpur. The gathering was organised by a Facebook group called “V R Malaysians”. Group coordinator Datuk Thasleem Mohamed Ibrahim (centre, in black) says it is time for the Government to take a firm stand against racial and religious extremism.

PETALING JAYA:  Providing space to hear the voices of the people and the silent majority is key in the campaign to push for moderation, according to various groups.

Association for the Promotion of Human Rights (Proham) secretary-general Datuk Dr Denison Jayasooria said as the country prepared to welcome the National Day and Malaysia Day, The Star’s initiative yesterday was well-timed.

“Let us build bridges, listen, feel, appeal and reason out ways to build a better Malaysia for all,” he said.

The Star’s campaign is a reminder to its readers that the newspaper had always been, and will always be, open to Brave Views and Bold Ideas – but tempered by the voice of moderation.

The newspaper pledged to keep discussions open, rational and moderate, and showcase the many liberal, moderate and balanced voices.
The Star has also pledged that it would be at the forefront to nurture and ensure the resounding triumph of moderation and reason over extremism and insanity.

Denison said the majority of Malaysians believed that moderation was the way out in resolving difficult issues. Problems bred with groups that took extreme positions, he added.
“If we keep to the framework and guidelines of the Federal Constitution and Rukun Negara, we will be able to sit down and talk things over,” Denison said.

“Even if we totally disagree, we can still be able to agree to disagree,” he said, stressing that Malaysia’s progress would be hastened if all ethnic and religious groups worked together.
Institute for Democracy and Economic Affairs (Ideas) chief operating officer Tricia Yeoh, in supporting the campaign, said it was high time a media organisation took a stand on the issue of moderation.

“The campaign is much needed, and my hope is that the other media, including the vernacular press, emulate the move,” she said.

Transparency International Malaysia president Datuk Akhbar Satar said the campaign for moderation was a step in the right direction to bring Malaysians together.

He said these days, Malaysians seemed to be more divided and only came together for sports.
“We need to accept each other, problems and all,” he said

Suriana Welfare Society for children chairman James Nayagam said of late, love, understanding and acceptance that were promoted by all religions seemed to be lacking in Malaysian society.
“The call and campaign for moderation is a good effort which should be supported by all right-minded people, regardless of race and religion,” he said.

Source: http://www.thestar.com.my/News/Nation/2014/08/11/Lets-hear-it-from-moderation-backers-Providing-space-for-peoples-voices-is-vital-say-groups/

TAKE A MORE PEOPLE CENTRIC APPROACH IN HUMAN RIGHTS MATTERS

By Tharanya Arumugam (NST, 8 August 2014)

KUALA LUMPUR: Asean leaders have been urged to take a more people centric approach in dealing with matters involving human rights, which must include sustainable development.

Global Movement of Moderates (GMM) chief executive officer (CEO) Datuk Saifuddin Abdullah said active participation from the civil society would strengthen Asean’s involvement in addressing issues concerning the public in Asean’s 10 member states.

“Prior to this, Asean was leaning more towards political and economic development and it lacked the people’s participation. We need to bridge the gab between the civilians and the governments of Asean.

“With this new approach, civil society in the 10 countries will be given equal opportunity to interact with Asean and bring matters to their attention for immediate action,” he said after a roundtable discussion on “Asean Day: Building a People-centered Asean on the foundation of Human Rights, Inclusive and Sustainable Development”, here today.

Saifuddin, who moderated the forum along with Association for the Promotion of Human Rights (Proham) secretary-general Datuk Dr Denison Jayasooria called on Asean leaders to engage with regional civil society and organisations to develop a real protection mechanism for human rights for the people.

He noted that the discussion was held to pave a new governance framework (of cooperation) in decision-making process among all stakeholders in Asean, especially between the governments and civil societies.

In the four-hour roundtable discussion, 18 experts, panelists and participants shared their views, ideas and suggestions to find ways on how to strengthen the role played by civil society organisations and governments in Asean.

GMM chairman Tan Sri Razali Ismail said people ideas should be actualised into real decision by Asean leaders.

Alternative Asean Network of Burma coordinator Debbie Stothard said Asean has to to do much more on humanitarian issues, such as on Rohingya.

Asian Strategy and Leadership Institute (Asli) CEO Tan Sri Dr Michael Yeoh said Asean has always been focusing on political and economic development. Now, it is time for it to have a stronger focus on people connectivity to strengthen works on human rights.

Suara Rakyat Malaysia (Suaram) executive director Yap Swee Seng said Asean should adopt a holistic concept of human security for the region that covers freedom from threats to people’s lives, including hunger, poverty, disease, marginalisation and exclusion.

In echoing a speaker from Universiti Malaya’s faculty of arts and social sciences Khoo Ying Hooi, Professor A.K Nathan, a Principal Fellow Institute Ethnic Studies of Universiti Kebangsaan Malaysia, suggested for Asean Day to be declared as a public holiday, and setting up a Asean University, Asean bank and credit card, and an Asean passport, to create awareness on Asean.