Malaysia’s parliament must be allowed to sit during state of emergency, Southeast Asian lawmakers say

Please click here for a Khmer version of this press release

Please click here for a Thai version of this press release

Please click here for a Bahasa Indonesia version of this press release

JAKARTA – More than 80 parliamentarians across the region today expressed concern over the excessively broad powers handed to Malaysian authorities under the current state of emergency, and urged the Malaysian King, the Speaker of the House of Representatives, and the Prime Minister to convene parliament as soon as possible.

In the sign-on statement, the 89 former and current democratically-elected parliamentarians from six countries also called on the Speaker of the House of Representatives to ensure that parliamentary committees are activated and that they meet regularly.

“The fact that so many lawmakers from across the region are speaking out shows the level of regional concern over the emergency’s impact on parliamentary democracy in Malaysia, and of possible long-lasting implications this could have on the lives of its people. We have seen how pandemic-related measures adopted in other Southeast Asian countries have increasingly restricted human rights and adequate safeguards must be put in place,” said Tom Villarin, a Board Member of ASEAN Parliamentarians for Human Rights (APHR) and a former Philippine Member of Parliament (MP).

“While it is a priority for the government to tackle COVID-19, it is crucial that such responses take on a human rights-based approach and respect the rule of law. Instead, Malaysia’s state of emergency has not only concentrated excessively broad power in the executive, but also removed any real oversight, leaving the door wide open for rights abuses,” Villarin said.

Amid a rise in COVID-19 cases in January, the Malaysian King declared a nationwide state of emergency from 11 January until 1 August. In particular, lawmakers highlighted the far-reaching and unchecked powers of officials under the Emergency (Essential Powers) Ordinance 2021, including additional powers for the armed forces, the suspension of parliament and state assembly sittings, the postponement of elections, and legal impunity for authorities’ acts conducted in “good faith.”

These measures flout international standards, severely undermine democratic processes, and foster an environment ripe for potential abuse of power, APHR said. Under international law, emergency measures must be necessary and proportionate in achieving the desired results, temporary, applied in a non-discriminatory manner, and subject to review.

“Prime Minister Muhyiddin’s back-door government has remained unstable since taking over last year, and this latest move appears as a desperate attempt to cling to power, rather than effectively tackling a health crisis,” Villarin said.

”This is not the time to mute lawmakers. In times of a health crisis, it is even more important that parliament can function effectively to review the government’s actions and policies, including those in response to the pandemic. What the world needs now is more transparency and accountability, not governments shielded from public scrutiny,” he added.

The Malaysian parliament has previously faced restrictions due to the pandemic. In November 2020, the House of Representatives adopted COVID-19 prevention measures, which included shortened sitting hours and proceedings, and a maximum of 80 MPs in the plenary at any one time. The March-April parliamentary sitting in 2020 was also delayed and reduced to a one-day sitting in May, without the possibility of debates.

Several lawsuits have since been filed in relation to the emergency, including a public interest litigation brought by civil society organizations to review, amongst others, the suspension of parliament.

Background

Malaysia has faced political upheaval in the past year, and in March 2020 Prime Minister Muhyiddin Yassin emerged as the leader of a coalition with a majority of only a few lawmakers after former Prime Minister Mahathir Mohamed stood down. The situation has led to calls for a vote of no confidence to be held against Prime Minister Muhyiddin, as well as speculation that a snap election could take place. Earlier this year, several lawmakers withdrew their support for the Prime Minister, reportedly threatening his already slim majority in parliament.