Southeast Asian MPs call Malaysian government to repeal repressive laws, protect parliamentarians and human rights defenders

Southeast Asian MPs call Malaysian government to repeal repressive laws, protect parliamentarians and human rights defenders

Feb 26, 2023 | DFF, Statements

KUALA LUMPUR – Lawmakers from across Southeast Asia urged the new Malaysian government to show its commitment to human rights by repealing repressive laws that are too often used to criminalize government critics, including parliamentarians and human rights defenders.

“As a long time member of the opposition, we hope that Prime Minister Anwar Ibrahim recognizes the dangers posed by overly broad and ambiguous legislation that can easily be used by those in power to target opposition politicians and human rights defenders,” ASEAN Parliamentarians for Human Rights (APHR) Chair and member of the Indonesian House of Representatives, Mercy Barends, said today at a press conference in Kuala Lumpur. 

Two laws are of particular concern: the 1948 Sedition Act and the 1988 Communication and Multimedia Act. The Sedition Act can carry a punishment of three to seven years in prison for vaguely worded offenses, including acting with “seditious tendency” against the government. The former Barisan National government used the law to harass and imprison critics, including human rights defenders, academics, journalists and lawyers. 

The Sedition Act has also frequently been used against opposition parliamentarians; in 2016, for example, People’s Justice Party MP and APHR member Tian Chua was sentenced to three months in prison and fined more than 400 USD after delivering a speech denouncing racism and corruption.

Meanwhile, section 233 of the Communication and Multimedia Act, which criminalizes online content that is “obscene, indecent, false, menacing or offensive in character”, is too vaguely worded and therefore prone to misuse.

“The new Malaysian government must live up its promises and prove its commitment to human rights by ensuring that parliamentary immunity and the right to freedom of expression for all parliamentarians are effectively upheld,” said Charles Santiago, APHR Co-Chair and former Malaysian member of parliament.

APHR Members from Indonesia and the Philippines visited Malaysia to extend their solidarity with its Co-Chair, Charles Santiago, who is facing a defamation lawsuit from influential and controversial preacher Zakir Naik.

“We express our concern over this case because, albeit it was a civil case filed by an individual, it shows one of the main risks lawmakers throughout Southeast Asia face when speaking on issues that are of public concern,” said Barends.

The targeting of opposition MPs and human rights defenders through the use of draconian laws is unfortunately not limited to Malaysia. In Myanmar, the parliament remains suspended since the military coup in February 2021 that ousted the NLD elected government. Members of the national and sub-national parliaments remain in detention, facing not only the risk of torture in prison but also possible risk of execution following the executions of four pro-democracy activists, including a former lawmaker. Most ousted parliamentarians continue their work in hiding and are at risk of detention or even death. 

“Parliamentarians should be able to carry out their mandate as the people’s representatives without fear of reprisals if they say the wrong thing or offend the wrong person,” said APHR member and Malaysian member of parliament Wong Chen.

Meanwhile in the Philippines, disinformation and red-tagging campaigns against opposition parties and lawmakers continue, and it intensified ahead of the national elections, leading to widespread online threats and violence against lawmakers and their supporters. 

“Lawmakers who have criticized the government have also faced trumped-up and politically-motivated charges, including APHR Board Member Walden Bello, who faces cyber-libel charges, and Senator Leila De Lima, who has been unjustly detained since 2017 on absurd drug charges. Governments and parliaments throughout Southeast Asia, including Malaysia, should learn from the Philippines, and work to repeal repressive laws to ensure that this kind of persecution against lawmakers do not occur,” said Teddy Baguilat, Jr., APHR Board Member and former Philippines member of parliament.

Southeast Asia MPs urge new Malaysian government to realize the people’s aspirations for genuine reforms

Southeast Asia MPs urge new Malaysian government to realize the people’s aspirations for genuine reforms

Dec 2, 2022 | DFF, Statements

JAKARTA – Parliamentarians from Southeast Asia welcome the formation of a unity government in Malaysia led by Prime Minister Anwar Ibrahim after  the results of the 19 November general elections led to a hung parliament, and urge it to work towards realizing the citizenry’s aspirations for genuine democratic reforms. 

“After several days of political uncertainty, it is commendable that Malaysian political parties and coalitions have been able to transcend their differences and take the interests of the nation at heart to form a new government. This is a historic moment of unprecedented unity, and the new government should use it to work in fulfilling the dreams of social justice, equality, and clean governance that the reformasi movement put on the agenda over two decades ago; there is much more for the rest of the world, including Southeast Asia, to learn from,” said Senator Risa Hontiveros, Member of Parliament from the Philippines and Member of the ASEAN Parliamentarians for Human Rights (APHR).

The Reformasi (Reformation) was a political movement led by Ibrahim in 1998 after he was sacked from office as deputy prime minister by then Prime Minister Mahathir Mohamad. Ibrahim was sentenced to 12 years in jail and that led to a series of mass protests followed by repressive crackdowns against activists, student leaders, and members of civil society.  The Reformasi movement rallied for social, economic, and political change and it inspired a generation of pro-democracy activists in Malaysia and Southeast Asia in general.

Now the leader of that movement has become Prime Minister, and that amounts to a triumph for those who took part in Reformasi after years of struggle. Yet the new government faces great challenges, after four years of political instability in which there have been four prime ministers, and Malaysian politics have been plagued by high-profile corruption scandals. The new government is a fragile alliance of different parties, and may have difficulties implementing its reform agenda.

“Malaysia badly needs political stability to confront the many issues it faces, from the global economic crisis, impacts of climate change, corruption, to the decline in civil and political rights. Now is the time for all political forces in Malaysia to work together on moving the country forward,” said Eva Kusuma Sundari, former Member of Parliament of Indonesia and APHR Board Member.

The new government also confronts the problem of divisive identity politics, especially  the divisive use of race and religion in politics by some candidates during the election campaign. Ibrahim said before the election that he would seek “to emphasize governance and anti-corruption, and rid this country of racism and religious bigotry,” and APHR would like to express its support for such endeavors, and assure the new government that it will support any policies aimed at reaching such goals, and denounce those that deviate from it. Having long been a part of the political opposition, APHR hopes that Ibrahim and the new government uphold their commitment to democracy and the protection of minorities.

“Some politicians have demagogically exploited racial and religious cleavages in certain sectors of Malaysian society in order to get votes. That is an extremely dangerous game that can easily get out of control and lead to tensions and even violence. The first priority of the new government should be leading the country to overcome past politics based on race and religion, and foster mutual understanding between the different groups that make up the vibrant and multicultural Malaysian society,” said Sundari, “These are problems that cut across all the countries in ASEAN and we hope that the new government can be the start of greater cooperation on these crucial issues across the region.”