The
Malaysian Bar is very disappointed that the Prime Minister is reported
in the news media as having said that the Sedition Act 1948 will not be
repealed, and therefore he would not be keeping his promise in this
regard. As we ordinarily understand it, a promise is a commitment to
carry through a matter despite difficult circumstances, and not only
when it is convenient to do so.
The
Malaysian Bar is further appalled that the Prime Minister is not only
reneging on the promise he made two years ago to repeal the Sedition Act
1948, but that he intends to “strengthen” it. It is ludicrous that
Malaysians would not only be prohibited from discussing and debating
issues of public and national interest, or constitutional matters, but
would be criminally punished for doing so. This is highly oppressive,
and represents a lurch towards authoritarianism. It is delusional to
imagine that such draconian legislation would foster national peace and
harmony.
It
is folly to think that the Sedition Act 1948 is our answer to
maintaining and promoting peace and harmony. There is nothing in the
history of the Sedition Act 1948 and its use — either previously or
currently — that supports any such notion. This is unsurprising,
because the Sedition Act 1948 was not designed nor intended to achieve
true peace and harmony. Its sole purpose was to entrench power and
control by denying democratic rights and space through suppression and
punishment. Far from promoting a culture of meaningful, frank and
robust discourse, the Sedition Act 1948 criminalises questions,
criticisms and expressions of thought. In our pursuit for peace and
harmony, we must accept that questions, criticisms and disagreements are
integral to the learning and maturing process.
In
genuinely wanting peace and harmony, we should be honest with ourselves
as to what the real causes of disharmony are in Malaysia.
In
many instances, disharmony in Malaysia arises from insecurity, the
exploitation of such insecurity, and the inability or unwillingness to
deal with questions, criticisms or differing views in a mature manner.
There
are quarters in Malaysia who have created an environment of disharmony —
misinterpreting and abusing the Federal Constitution, distorting our
history, exploiting insecurities, and resorting to scare-mongering and
threats of, or incitement to, violence against property or persons, as a
response to questions, criticisms or differing views. These people are
not brought to account by the law. Instead, the Sedition Act 1948 is
used against the persons who raise questions, concerns or criticisms.
In
maintaining the Sedition Act 1948, we would be playing into the hands
of, and caving to, pressure by these irresponsible quarters. It is not
peace and harmony that would be achieved through the maintenance of the
Sedition Act 1948, but a perpetuation of disharmony. Recent events, the
abuse of the Sedition Act 1948, and the current disharmony in Malaysia
directly inform us of this.
Achieving
real and lasting peace and harmony requires commitment and hard work,
and not the criminalisation of criticisms and expressions of thought.
Will our other national leaders also renege on their publicly stated
stance against the Sedition Act 1948? Will they take the easy option or
do the right thing instead?
The
Malaysian Bar calls upon the Government to abide by and put into effect
its promise to repeal the Sedition Act 1948, and to propose new
national harmony legislation that would serve to promote and achieve
genuine peace and harmony.
Christopher Leong
President
Malaysian Bar
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