Dec 4, 2023 | DFF, Tools for MPs
Leaders across Southeast Asia are increasingly adopting laws that restrict fundamental freedoms. In this context, parliamentarians, through their legislative mandate, become an important shield against further erosion of human rights. Members of Parliament (MPs) can repeal or amend restrictive bills as they reach parliament.
To be able to engage them effectively, APHR and civil society organizations in Southeast Asia must be able to understand and know the parliamentary legislative process. However, the legislative system can seem complex to those unfamiliar with it and is perceived as overwhelming or intimidating to many who try to navigate it in almost absolute darkness.
To respond to this gap, APHR carried out research in a total of five countries in Southeast Asia, including Malaysia, to better understand and unpack the legislative processes in each country. The research covered the legislative process, including the different stages a bill can go through, how to write an amendment, who can initiate a bill, what is the usual practice in the country, as well as effective entry points for law reform advocacy.
The research was completed in early 2023 and it was based on desk research, including a review of Constitutions, parliamentary rules and procedures, Speaker rulings, reports, and other relevant sources. Interviews with MPs, MPs staff, and civil society were also carried out to ensure the research reflected the actual practices or conventions on the ground.
The research is then developed into a pedagogical and accessible report to explain the different steps in the legislative procedures and where MPs can intervene to either amend or repeal a law and to be made available to civil society partners to engage more effectively with the parliamentary process.
DOWNLOAD THE TOOLKIT HERE
Aug 4, 2021 | DFF, Statements
Please click here for a Malay translation of this statement
JAKARTA – Southeast Asian parliamentarians have expressed alarm about the new suspension of Parliament in Malaysia after months of unchecked ruling by the government. Amid reports that some members of the ruling coalition have removed their support for the government, ASEAN Parliamentarians for Human Rights (APHR) repeated their calls to Prime Minister Muhyiddin Yassin to convene parliament for a full session as soon as possible.
“The sight of dozens of opposition MPs being prevented from entering parliament by riot police should be a major embarrassment to the administration of Prime Minister Muhyiddin, which instead of providing leadership when it is needed most, has hidden behind the pandemic so it can maintain its increasingly fragile hold on power,” said Mu Sochua, an APHR Board Member and former Member of Parliament (MP) in Cambodia.
“Recent developments further highlight the importance of parliament being reconvened as soon as possible in order to effectively scrutinize any decisions moving forward and to restore parliamentary democracy in the country.” she added.
Parliament in Malaysia has been suspended since January, when the government enacted a state of emergency, citing coronavirus as a threat to the country’s security. It reopened on 26 July but the five-day special sitting was only to brief lawmakers on the pandemic and debates were banned. A special parliamentary meeting was due to take place on August 2, but was postponed until a later date after COVID-19 cases were reportedly detected in parliament.
However, dozens of opposition lawmakers convened in central Kuala Lumpur, insisting on gathering for a session at the nearby Dewan Rakyat (Lower House), but were blocked from entering by the Federal Reserve Unit, which is usually dispatched to handle riots. The group was dispersed peacefully, but it was later reported that the lawmakers present will be summoned for questioning by police.
“While governments must sometimes take extraordinary measures to tackle health emergencies such as COVID-19, when extremely important decisions are being taken for the country and with drastic consequences on people’s human rights, it is absolutely crucial for parliament to function effectively, to ensure transparency and accountability,” said APHR’s Mu Sochua.
“MPs should also not face any judicial proceedings for merely trying to do their job as representative of the people, and conducting peaceful protest,” she added.
Background
Malaysia has faced political upheaval in the past year and a half. 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. Prime Minister Muhyiddin has since promised to conduct a vote of no confidence in September.
May 25, 2021 | DFF, Statements
JAKARTA – Southeast Asian lawmakers today expressed alarm over the recent surge in harassment against opposition lawmakers and critical voices for exercising their rights to freedom of expression and peaceful assembly in Malaysia, and called on authorities to immediately end such tactics of intimidation. The calls came after at least six MPs and four state-level lawmakers were called in for questioning by authorities on a range of potential charges in recent weeks.
“Peacefully demonstrating and voicing opinions should never be a crime, and the rate at which authorities are targeting those merely discussing issues of public interest is a matter of considerable concern,” said Carlos Zarate, a Philippine Member of Parliament (MP) and member of ASEAN Parliamentarians for Human Rights (APHR). “Basic freedoms have come increasingly under attack since Prime Minister Muhyiddin Yassin’s government came to power last year through back-door maneuvering, and this latest wave of investigations and harassment clearly aims to silence political opponents and all forms of dissent.”
On 22 May, MP Syed Saddiq was questioned by police in relation to a video he posted on social media related to police brutality and to demand justice for A. Ganapathy, who died on 18 April after being held in police custody. According to sources, Saddiq is being investigated under Section 505(b) of the Penal Code for allegedly making statements that cause fear or alarm to the public, and Section 233 of the Communications and Multimedia Act (CMA), for alleged improper use of network facilities. The authorities have seized his phone, and have access to his Instagram and TikTok accounts for further investigation.
On 20 May, MP Mukhriz Mahathir, two state assembly representatives, as well as five other political party members and rights activists, were interrogated for allegedly gathering without notice under Section 9(5) of the Peaceful Assembly Act 2012 (PAA), in relation to a peaceful sit-in protest on 30 April. The rally was held to call for, among other things, the reopening of parliament, which was suspended in January after a state of emergency was declared amid a rise of COVID-19 cases. The emergency has since been used to introduce regulations that further threaten fundamental freedoms, including a ”fake news” ordinance that police have used to investigate at least 12 people accused of spreading false information related to COVID-19.
In early May, eight individuals, including APHR member MP Fahmi Fadzil, as well as seven civil society and political party members, were questioned under Section 9(5) of the PAA over a 24 April solidarity gathering regarding the arrest of political artist Fahmi Reza. Meanwhile, later in the same month, at least 11 people were summoned for questioning under Section 9(5) of the PAA and Regulation 11 of the Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) (Conditional MCO) (No. 4) Regulations 2021 in relation to a peaceful gathering on 27 March that protested the Election Commission’s delay in implementing the 18-year voting age. Those hauled up included APHR member and MP Maria Chin Abdullah, MP Maszlee Malik, MP Hannah Yeoh, two state assembly representatives, and APHR member and former MP Tian Chua.
In its September 2020 report, Parliamentarians at Risk, APHR found an increase in cases being opened against parliamentarians since the unelected “back-door” Perikatan Nasional government took power in March 2020. At least five opposition MPs in Malaysia were either probed or charged for raising matters of public interest or for being critical of the government.
“In recent weeks, the number of MPs in Malaysia questioned for expressing their opinion already exceeds those APHR documented in the first half of Perikatan Nasional’s rule last year. In addition, parliament has not sat once this year, and the recent judicial harassment is making it even harder for MPs to fulfil their role as a check on the executive, and safeguard against abuse by authorities,” Zarate said.
These investigation tactics however are only part of a broader trend to restrict civic space in Malaysia, including press freedom, APHR said.
Last month, Reporters Without Borders downgraded Malaysia to 119, from 101 a year earlier, in its annual world press freedom index, recording the worst deterioration among 180 countries. The sharp decline is linked to last year’s change in government, and has seen authorities use repressive laws to harass journalists and restrict space for critical reporting. This year, police have opened several investigations to question journalists for their work. The case of A. Ganapathy, in particular, has seen a police chief threaten to sue a media outlet, Free Malaysia Today, for its coverage, and issued a warning to the public not to comment on Ganapathy’s death.
“Authorities must immediately drop all investigations, and cease going after political opponents, human rights defenders, journalists, and other critical voices who are merely exercising their rights to freedom of expression and peaceful assembly. Rather than stifle legitimate criticism, the Malaysian government would find that listening to the voices of its people, including by reopening parliament, could instead bring greater benefit to the country – such as enhancing transparency and accountability – which are key elements of a democratic country, and could help to improve trust in this government,” said Zarate.
Feb 16, 2021 | DFF, Statements
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.
Jan 13, 2021 | DFF, Statements
JAKARTA – Southeast Asian lawmakers today expressed alarm about reports that Malaysia has introduced a declaration of emergency in order to combat the COVID-19 pandemic, a decision that will lead to no parliamentary sittings for several months, hindering crucial oversight during a tumultuous period in the country’s political environment.
According to the palace, Malaysia’s King has given consent for a Declaration of Emergency Proclamation until August 1 2021, or an earlier date if the number of daily COVID-19 cases can be brought under control. Prime Minister Muhyiddin Yassin has said there will be no parliamentary or state assembly meetings until “a later date” set by the King, while a general election, state elections and by-elections cannot be held during the emergency.
“Given the political instability Malaysia has faced since Prime Minister Muhyiddin came to power through a back-door government in March 2020, the decision to suspend parliament raises serious concerns that his government is intent on avoiding parliamentary scrutiny,” said Tom Villarin, a Board Member of ASEAN Parliamentarians for Human Rights (APHR) and former Philippine Member of Parliament (MP).
The emergency measure comes amid a recent government announcement to reimpose stricter COVID-19 restrictions in some states, which is scheduled to begin on 13 January and last for two weeks.
“Parliaments play an essential role as guardians of democracy and human rights, particularly during times of crisis, such as what Malaysia is currently experiencing. Important measures are currently being adopted in Malaysia, and parliament provides much-needed scrutiny, which is particularly important given that the current government came to power through back-door maneuvring, and not at the ballot box,” said Villarin.
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.
