By National Human Rights Society Malaysia (HAKAM),
Centre to Combat Corruption & Cronyism (C4), Society for the Promotion of
Human Rights (PROHAM), Negara-Ku People’s Movement
INTRODUCTION
The nation is in crisis. The numerous financial scandals, falling
ringgit, implementation of GST, and curtailment of our fundamental freedoms
have resulted in a loss of trust and public confidence in the government. Transparency and accountability are
non-existent. Those exercising the
levers of power are not using them for the public good. There is scant attention by the leadership to
the economic crisis and the hardship faced by the people. The unbridled corruption against a background
of diminishing civil and political rights, has created an environment of
uncertainty and the welfare of the people does not appear to be a priority.
Therefore, in the interest of the people and the
nation, we, the undersigned members of civil society, present an action plan to
arrest the crisis and to restore the nation to an even keel.
INTENT
The aim of this action plan is to provide a solution
to the present crisis.
I. We are
confident that full acceptance and implementation of this action plan will have
the following effects, namely to :-
a) Restore
the confidence of the people of Malaysia and members of the international
community in the government of the day;
b) Address
the immediate and urgent problems of the people of Malaysia both in terms of
economic as well as social issues;
c) Allow
the people of Malaysia to live in peace, security and dignity to fulfill their
individual goals and aspirations in the knowledge that their fundamental
freedoms are protected; and
d) Promote
the harmonious co-existence of people of all communities.
OVERARCHING PRINCIPLES
In putting forward this action plan, we applied the
following overarching principles:-
1. Malaysia
is built on the fundamental pillars of democracy and the rule of law where the
Federal Constitution is supreme;
2. Transparency,
accountability and good governance are critical in maintaining a credible
government;
3. Institutions
have a duty to act independently and without fear or favour in upholding public
interest;
4. Core
principles of the rule of law that must be upheld include the following:-
a) No one
is beyond or above the law;
b) Everyone
is equal before the law; and
c) Everyone
is entitled to due and fair process of the law.
5. Everyone
is entitled to their constitutionally guaranteed fundamental liberties which
include freedom of speech, expression and association;
6. All
citizens have the constitutional and inherent right to participate in and
therefore to know and be informed about, public issues affecting their lives,
rights and livelihood.
With these objectives and principles in mind, members
of civil society wish to present the Demi Rakyat Action Plan.
1. FORMATION
OF NATIONAL GOVERNMENT
I. The
Prime Minister, Dato’ Seri Najib Tun Razak must immediately respond in public
to the serious allegations of financial impropriety and in particular, must account
for public monies reportedly paid directly into his account;
II. Recognising
the need to preserve the sanctity of the office of the Prime Minister and the
need to put the nation and the people above personal and party interest, the
Prime Minister Dato’ Seri Najib Tun Razak shall take a leave of absence until
full investigations of these allegations; and
III. Thereafter,
and in any event within one week thereof (the effective date), an emergency
parliamentary session be convened to constitute a National Government from
amongst members of parliament from all sides of the political divide. It is
crucial that all members of parliament put aside their political differences in
the interests of the people and the nation to bring stability and confidence back
to the nation.
2. FREE AND
FAIR ELECTIONS
The National Government shall hold free and fair
elections within 18 months of the formation of the National Government and
shall immediately appoint independent Election Commissioners who enjoy public
confidence and who shall proceed to clean up the electoral process for the
general elections.
3. ADDRESSING
THE SCOURGE OF CORRUPTION
I. The
National Government shall make the eradication of corruption in all sectors
including the eradication of political patronage, a priority;
II. The
Malaysian Anti-Corruption Commission (MACC) shall be further empowered by
making changes to its structure, composition, mandate and relevant laws; and
III. Steps
shall be taken to strengthen the protection and immunity for whistleblowers by
ensuring they are free from intimidation, and by reforming the Whistleblowers
Act 2010.
4. RESTORING FUNDAMENTAL LIBERTIES UNDER THE
FEDERAL CONSTITUTION:
I. The National
Government shall immediately repeal all legislation that restrict media freedom
and revoke the restrictions and bans imposed on all media including The Edge
and the Sarawak Report;
II. SUHAKAM
shall be tasked with examining and making
recommendations for the repeal of laws that curtail and threaten
fundamental liberties, within a period not exceeding 3 months from the
effective date and thereafter to present the recommendations for reform to the
National Government for implementation;
III. Pending
the repeal of the Sedition Act 1948, charges against individuals under this
legislation shall be suspended and upon its repeal, all charges shall be
withdrawn; and
IV. The
National Government shall take steps to establish the Independent Police
Complaints and Misconduct Commission (IPCMC).
5. INDEPENDENT INVESTIGATIONS AND THE
PUBLIC’S RIGHT TO RECEIVE INFORMATION
I. The Task
Force undertaking investigations into the 1MDB and other financial scandals
shall act independently and without fear or favour or interference from any
external parties. In this regard, the Task Force must remain accountable to the
public and issue bi-weekly reports to the public in view of the seriousness of
the task undertaken by them.
II. The
Auditor General’s report and all other reports into the 1MDB and other
financial scandals must be made immediately available to the public.
6. ALLEVIATING
THE HARDSHIP OF THE PEOPLE
The following priority measures must be taken to
lessen the burden of the people:-
I. A
moratorium on the GST;
II. Providing
further aid and housing for all those who have lost their homes in recent
natural disasters; and
III. Strengthening
the economy and restoring the integrity of our financial system and in this
regard, the corporate sector, business community, relevant experts and other
stakeholders are to recommend appropriate measures.
7. SOCIAL
COHESION
In order to promote social cohesion and respect
amongst all communities in Malaysia, the National Government shall call upon
the National Unity Consultative Council (NUCC) to formulate guidelines and laws
to combat divisiveness and hate speech. The National Government must lead in
promoting social cohesion and in condemning divisive actions.
8. PUBLIC
CONSULTATION
I. The
National Government shall draw up their plans for the nation with the free,
prior and informed consent of the public through town hall meetings, roundtable
discussions and meetings involving relevant NGOs, academicians, think tanks,
and media activists; and
II. The
National Government shall within a time frame of 3 months from the effective
date, report to the people of their plan for the implementation of these
proposals and demands for reform.
9. CONCLUSION
It must be understood that this action plan does not
address general policy issues which will be the ultimate responsibility of the
government that is elected by the people through free and fair elections.
Ambiga Sreenevasan
President, National Human Rights Society Malaysia
(HAKAM)
On behalf of:-
National Human Rights Society Malaysia (HAKAM), Centre
to Combat Corruption & Cronyism (C4), Society for the Promotion of Human
Rights (PROHAM), Negara-Ku Movement.
July 28, 2015
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