Southeast Asian lawmakers express grave concerns over Malaysia’s excessively broad emergency powers

Feb 2, 2021

Click here for a Thai translation of this sign-on statement

Click here for a Khmer translation of this sign-on statement 

Click here for a Bahasa Indonesian translation of this statement

We, the undersigned parliamentarians, raise serious concerns that the Malaysian authorities’ far-reaching powers under the current state of emergency risk not only undermining the foundation of Malaysia’s democracy but also leave the door wide open for potential human rights abuses. We therefore call for parliament to be allowed to continue functioning without restrictions.

Earlier this year, the Malaysian King proclaimed a state of emergency, taking effect from 11 January to 1 August, citing coronavirus as a threat to the country’s security, economy, and public order. This was followed by the introduction of the Emergency (Essential Powers) Ordinance 2021, which grants excessively broad powers to the authorities, while shielding their actions from any meaningful parliamentary or judicial oversight.

In particular, the Ordinance removes legislative scrutiny and limits judicial authority over officials during the emergency. Section 10 protects the government and their agents appointed to issue directions under the Prevention and Control of Infectious Diseases Act 1988 from legal proceedings in relation to “any act, neglect or default done or omitted… in good faith,” while Sections 14 and 15 suspend the sittings of parliament and state assemblies until a time set by the King. Section 12(6) of the Ordinance also states that a general election will be held only when the King “thinks appropriate.”

Further, Section 7 of the Ordinance grants the armed forces additional powers, which according to Malaysia’s Defence Minister will include authority to detain those violating the movement control order and arrest migrants found entering the country illegally.

We would like to remind authorities that, to ensure that emergency measures are not used to crackdown on human rights, or to permanently usurp democratic institutions, they should be necessary and proportionate in addressing the threats they are meant to mitigate, in this instance to curb the spread of COVID-19. Such powers should be temporary, subject to effective legislative and judicial oversight, and not be used discriminatorily to target specific groups.

Malaysia’s emergency powers clearly do not meet these established international standards and create an environment where government accountability is severely limited, and the abuse of power more likely to occur.

As the body through which the will of the people is expressed, parliament holds a central position in a functioning democracy, and its current suspension effectively removes public participation from the decision-making process. This is particularly worrying at a time when government’s decisions will have long-lasting consequences on the lives of the people.

Considering how emergency measures in the region, including in Thailand and the Philippines, have led to restrictions on fundamental freedoms, it is more vital than ever for parliament to function effectively and provide safeguards against any potential misuse of power.

Therefore, as democratically-elected lawmakers from Southeast Asia, we urge the Malaysian King, the Speaker of the House of Representatives, and the Prime Minister to convene Parliament as soon as possible to ensure government accountability, review the emergency measures, protect human rights, and contribute to major policy decisions. We also call upon the Speaker of the House of Representatives to ensure that parliamentary committees are activated and continue to meet regularly. Parliaments around the world have adopted innovative ways and new online working methods to ensure they continue their essential work during the pandemic that could also be adopted by Malaysia.

Signatories:

1. Abel Pires da Silva, Member of Parliament, Timor-Leste
2. Adérito Hugo da Costa, Member of Parliament, Timor-Leste
3. Amarat Chokepamitkul, Member of Parliament, Thailand
4. António de Sá Benevides, Member of Parliament, Timor-Leste
5. Antonio “Sonny” F. Trillanes IV, former Member of Parliament, Philippines
6. Apichat Sirisoontorn, Member of Parliament, Thailand
7. Arlene D. Brosas, Member of Parliament, Philippines
8. Bencha Saengchantra, Member of Parliament, Thailand
9. Botta Long, former Member of Parliament, Cambodia
10. Braema Mathiaparanam, former Member of Parliament, Singapore (signatory after press statement released)
11. Carlos Isagani T. Zarate, Member of Parliament, Philippines
12. Chamnan Chanruang, former Member of Parliament, Thailand
13. Charus Koomkainam, Member of Parliament, Thailand
14. Chavalit Laohaudomphan, Member of Parliament, Thailand
15. Dang Chamreun, former Member of Parliament, Cambodia
16. Domingas dos Santos, Member of Parliament, Timor-Leste
17. Dyah Roro Esti Widya Putri, Member of Parliament, Indonesia
18. Elvina Sousa, Member of Parliament, Timor-Leste
19. Eufemia “Ka Femia” C. Cullamat, Member of Parliament, Philippines
20. Eva Sundari, former Member of Parliament, Indonesia
21. Ferdinand R. Gaite, Member of Parliament, Philippines
22. France L. Castro, Member of Parliament, Philippines
23. Francis “Kiko” Pangilinan, Member of Parliament, Philippines
24. Francisco de Vasconcelos, Member of Parliament, Timor-Leste
25. Heng Danaro, former Member of Parliament, Cambodia
26. Ho Vann, former Member of Parliament, Cambodia
27. Jirawat Arunyohanon, Member of Parliament, Thailand
28. Kanphong Chongsuttanamanee, Member of Parliament, Thailand
29. Kasit Piromya, former Member of Parliament, Thailand
30. Khamphong Thephakham, Member of Parliament, Thailand
31. Kong Saphea, former Member of Parliament, Cambodia
32. Kunthida Rungruengkiat, former Member of Parliament, Thailand
33. Kyaw Min San, former Member of Parliament, Myanmar
34. Leila M. de Lima, Member of Parliament, Philippines
35. Lena Maryana Mukti, former Member of Parliament, Indonesia
36. Long Ry, former Member of Parliament, Cambodia
37. Manop Keereepuwadol, Member of Parliament, Thailand
38. Maria Angelina Lopes Sarmento, Member of Parliament, Timor-Leste
39. Meity Magdalena, former Member of Parliament, Indonesia
40. Men Sothavarin, former Member of Parliament, Cambodia
41. Mercy Chriesty Barends, Member of Parliament, Indonesia
42. Mu Sochua, former Member of Parliament, Cambodia
43. Nateepat Kulsetthasith, Member of Parliament, Thailand
44. Nattacha Boonchaiinsawat, Member of Parliament, Thailand
45. Nattaphon Suapsakwong, Member of Parliament, Thailand
46. Natthaphong Ruengpanyawut, Member of Parliament, Thailand
47. Nitipon Piwmow, Member of Parliament, Thailand
48. Nuth Rumduol, former Member of Parliament, Cambodia
49. Omgkam Chaibut, Member of Parliament, Thailand
50. Padipat Suntiphada, Member of Parliament, Thailand
51. Pakornwut Udompipatskul, Member of Parliament, Thailand
52. Pannika Wanich, former Member of Parliament, Thailand
53. Parinyachuaigate Keereerut, Member of Parliament, Thailand
54. Phicharn Chaowapatanawong, Member of Parliament, Thailand
55. Pita Limjaroenrat, Member of Parliament, Thailand
56. Prasertpong Sornnuvatara, Member of Parliament, Thailand
57. Rangsiman Rome, Member of Parliament, Thailand
58. Ratna Juwita Sari, Member of Parliament, Indonesia
59. Rosalina Ximenes, Member of Parliament, Timor-Leste
60. Saadiah Uluputty, Member of Parliament, Indonesia
61. Sakdinai Numnu, Member of Parliament, Thailand
62. Sam Rainsy, former Member of Parliament, Cambodia
63. Sarah Jane I. Elago, Member of Parliament, Philippines
64. Sartono Hutomo, Member of Parliament, Indonesia
65. Shwe Maung, former Member of Parliament, Myanmar
66. Sirikanya Tansakun, Member of Parliament, Thailand
67. Somchai Fungcholjit, Member of Parliament, Thailand
68. Somkiat Thanomsin, Member of Parliament, Thailand
69. Sor Chandeth, former Member of Parliament, Cambodia
70. Supisarn Bhakdinarinath, Member of Parliament, Thailand
71. Surachet Pravinvongvuth, Member of Parliament, Thailand
72. Surawat Thongbu, Member of Parliament, Thailand
73. Suthep Ou-Oun, Member of Parliament, Thailand
74. Suttawan Suban Na Ayuthaya, Member of Parliament, Thailand
75. Taopiphop Limjittuakorn, Member of Parliament, Thailand
76. Taufik Basari, Member of Parliament, Indonesia
77. Teddy Brawner Baguilat Jr., former Member of Parliament, Philippines
78. Teerajchai Phunthumas, Member of Parliament, Thailand
79. Thodsaporn Thongsiri, Member of Parliament, Thailand
80. Thongdaeng Benjapak, Member of Parliament, Thailand
81. Tioulong Saumura, former Member of Parliament, Cambodia
82. Tomasito S. Villarin, former Member of Parliament, Philippines
83. Tunyawaj Kamolwongwat, Member of Parliament, Thailand
84. Vanvaree Talomsin, Member of Parliament, Thailand
85. Wanvipa Maison, Member of Parliament, Thailand
86. Wayo Assawarungruang, Member of Parliament, Thailand
87. Wiroj Lakkhanaadisorn, Member of Parliament, Thailand
88. Woraphop Viriyaroj, Member of Parliament, Thailand
89. Wuttinan Boonchoo, Member of Parliament, Thailand
90. Yanathicha Buapuean, Member of Parliament, Thailand

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