Political observer Ong Kian Meng.....On paper, Najib's announcement to repeal the Internal Security Act 1960 (better known as the ISA) and the less well-known Banishment Act 1959 as well as to review certain sections of the Restricted Residents Act 1933, the Printing Presses and Publications Act 1984 and the Police Act 1967, should be applauded and welcomed by all who advocate for a freer and more democratic country. I hope that you will remember that Najib's announcement does not mean that the ISA has been abolished tonight.
On Saturday, if you are found donning a yellow Bersih T-shirt in front of Bukit Aman distributing copies of Mao Zedong's little red book to the joggers who are assembled there, you are still liable to be arrested by the police under the very same ISA which Najib has promised (remember, it's only a promise) to abolish earlier tonight. We still have to go through proper parliamentary procedure in order to repeal the ISA and the Banishment Act and to amend certain sections of the Restricted Residents Act, the Printing Presses and Publications Act and the Police Act.
When the ISA is repealed in parliament, we also have to examine the two new laws which Najib has promised to introduce in place of the ISA in order to safeguard Article 149 of the Federal Constitution which pertains to 'legislation against subversion, action prejudicial to public order, etc.' Is there any way in which Najib could convince this skeptic of his seriousness in protecting human rights in this country? There are a few.
Firstly, to show his sincerity, Najib should ask the Attorney General's Chambers to drop all outstanding charges against those who were arrested in association with the activities of Bersih 2.0.
Secondly, Najib would have to show some consistency in insisting that the police and the Home Ministry do not exhibit double standards when it comes to public demonstrations. This would include not allowing Umno Youth or other groups from demonstration in front of the US embassy if groups advocating for human rights are not allowed to do the same in front of the PM's office (or the Chinese or Iraqi embassy, for that matter).
Thirdly, I would like to see one concrete instance by the PM where he puts his foot down for the protection of human rights, where, for example, he reverses a decision by RTM to cancel a politically sensitive programme or where he openly criticises a government agency for taking an action which is seen by many as being detrimental to the protection of human rights.
Constitutional law expert Abdul Aziz Bari....
With the move to abolish ISA and to revoke the emergency declarations, it can be said that Umno-BN has suddenly abandoned its own political philosophy. Only yesterday, Home Minister Hishammuddin Hussein denied talks of abolishing the ISA. But while the announcement may sound good, what about the repeal of the Universities and University Colleges Act (UUCA) 1971, Societies Act 1966 and section 27 of the Police Act 1967?
The proposal to do away with section 27 was first mooted by the royal commission headed by former chief justice Dzaiddin Abdullah in 2005. In its report, the commission found that the police have abused their power to deny the right to peaceful assembly that is provided for by the constitution. The commission also questioned the formation and operation of the notorious Special Branch, which lacked transparency and accountability. As for the Societies Act, this legislation has been used to deny citizens right to form association.
There is no good reason why UUCA should remain when all IPTAs (public universities) have their own statutes and constitutions. In fact, the law has been used since 1971 to put various constraints on the academics and students. This law has been a convenient tool to deny students their rights as citizens, particularly the right to freedom of expression, assembly and association. And what about Official Secrets 1971, which have tightened over the years? This legislation has been a stumbling block to more transparency and accountability in the society.
Did the PM say anything about the controversial Sedition Act 1948? The problem with this archaic and draconian law is that not just ordinary citizens are under its threat. Indeed, even MPs, who are lawmakers, can be prosecuted under it. Even parliamentary privileges cannot save them.
DAP MP for Petaling Jaya Utara Tony Pua....Prime Minister Najib Razak has just proved and vindicated our struggles over the past few decades - that all their attempts to curtail the reforms with various excuses, were just that, invalid excuses. His announcement tonight proved that people's pressure can succeed, and the Bersih demonstration proved effective in forging change in M'sian politics.
But we shouldn't count the chickens yet. We have yet to see the fine print. We've seen sufficient U-turns when Najib comes under pressure from right-wing groups, and we won't be surprised if the same happens again. The fine print could mean that the new laws to be introduced as replacement for the old laws may be little but cosmetic improvements of the old. We have seen that with the amendments to UUCA in 2009. Or the MACC (Malaysian Anti-Corruption Commission) 2010.
If Najib is sincere and not just baiting for votes, the substantive reforms must be implemented before the next general election. Otherwise, he may not even be PM after that.
In summary, we are vindicated by the announcement but are still hesitant to pop the champagne as we await the fine print.
Oh, and Najib lifted everything from our Buku Jingga (Pakatan Rakyat's Orange Book). Every single thing.
PKR vice-president N Surendran....
The limited reforms announced by the prime minister tonight is a testament to the dogged, determined and noble struggle of countless dedicated activists, NGOs and opposition political parties over the past five decades, against the wide array of oppressive legislation maintained by the BN.
To bring about tonight's limited gains, many of these brave Malaysians suffered grievously (including long periods of detention) at the hands of the Alliance/BN government and its merciless security apparatus. It is noteworthy that the PM offered no recognition whatsoever to the historic struggle of the civil society and the political opposition for a free Malaysia.
These reforms manifestly fall short and leave substantial undemocratic and oppressive powers in the hands of the government. The ISA is to be abolished; however two new laws are to be enacted providing for preventive detention. The ambit and wording of these two new laws are unknown.
The PM also makes a vague promise to amend the Police Act 1967 to allow for greater freedom of assembly. But he gives no details of the drift and purport of the amendments. Indeed, he accompanies this promise of reform with warnings against "street demonstrations". He should have instead declared the abolition of the requirement of a permit for such assemblies.
It is proposed that the current requirement of annual newspaper licence be replaced with a licence which will be valid until cancelled. This is not reassuring in the least. Why impose the necessity of a newspaper licence? This presupposes the right of the minister or other issuing authority not to issue a licence or to cancel the licence at will. All that should be required of newspaper companies is a business licence.
The government retains massive and dangerous arbitrary powers. There is no reform of the police force or the setting up of an IPCMC (Independent Police Complaints and Misconduct Commission), no reduction of the almost absolute powers of the attorney-general under Article 145 Federal Constitution, no promise of a really transparent and independent judicial appointments mechanism.
The governments stranglehold on our freedoms remains. It is particularly striking that the PM throughout his speech uses the language of oppression and underlying menace to declare apparent new freedoms. Every pronouncement is accompanied by warnings, caveats and restrictions. This does not augur well as a precursor to a new, freer Malaysia.
Reaksi: Masih ada ragui reformasi PM
ISA Dihapuskan. Rakyat Jangan Cepat Melompat.
ISA MANSUH : TERIMA KASIH KEPADA PR...
source:malaysiakini
Kalau mahu ISA dan beberapa Akta lain dihapus terus undilah Pakatan Rakyat....
cheers.
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