Malaysia has abandoned rights reforms – Human Rights Watch

Prime Minister Datuk Seri Najib Razak abandoned his pledge to revoke Malaysia’s repressive sedition law and oversaw a wave of arrests of opposition politicians and social activists, Human Rights Watch says today in its World Report 2015.

The authorities continued their politically motivated prosecution of parliamentary opposition leader Datuk Seri Anwar Ibrahim for sodomy.

In the 656-page world report, its 25th edition, Human Rights Watch reviews human rights practices in more than 90 countries.

In his introductory essay, executive director Kenneth Roth urges governments to recognise that human rights offer an effective moral guide in turbulent times, and that violating rights can spark or aggravate serious security challenges.

The short-term gains of undermining core values of freedom and non-discrimination are rarely worth the long-term price.

“Prime Minister Najib’s shameful reversal of his pledge to end sedition shows his willingness to put politics over human rights,” said Phil Robertson, deputy Asia director at Human Rights Watch.

“Malaysia’s human rights are in a downward spiral because the government evidently believes that continued rule depends on suppressing speech, harassing opposition groups, and targeting prominent figures with legal action.”

During 2014, Malaysian authorities arrested dozens of people under the Sedition Act for making remarks critical of the government, its political leaders, the ruling party, and sultans.

At least 20 people were charged, including four senior opposition members of parliament. The crackdown generated public opposition from the Malaysia Bar Council and other organisations, and a suit contesting the constitutionality of the Sedition Act.

Najib, who in 2012 had promised to repeal the Sedition Act, announced on November 27, 2014, that the law would instead be revised and strengthened to penalise those who violate the sanctity of Islam and other religions or call for the secession of Sabah and Sarawak from Malaysia.

The Malaysian authorities also continued their politically motivated prosecutions to cripple the political opposition.

In March, an appeals court overturned a 2012 not guilty verdict against parliamentary opposition leader Anwar on sodomy charges and sentenced him to a five-year prison term in a rushed judicial proceeding. Should the Federal Court uphold his conviction, he faces imprisonment and loss of his seat in parliament.

The government’s repeated prosecutions of Anwar under the sodomy law (penal code article 377), invoked only seven times since 1938, highlights the dangers this discriminatory law poses so long as it remains on the books.

The Royal Malaysian Police continued to abuse rights of detainees in police custody with impunity.

There were at least 10 new cases of custodial deaths in 2014, and police used excessive force during apprehension of suspects.

However, police stymied proposals for an effective and independent external oversight such as an Independent Police Complaints and Misconduct Commission.

Malaysia’s image as a moderate Muslim country was tarnished by new government restrictions on freedom of expression and association in 2014.

The government-controlled Registrar of Societies tightened its restrictive oversight on civil society groups seen as critical of the government, refused newspaper licences to critical outlets, and prosecuted an activist on film censorship charges.

The government continued to vilify lesbian, gay, bisexual and transgender (LGBT) people. However, in November 2014, in an unprecedented action, the Appeals Court unanimously ruled that a Shariah law ordinance prohibiting cross-dressing was unconstitutional.

Senior national and Negri Sembilan government officials criticised the decision as “anti-Islamic,” with a senior minister calling for Muslims to defend Islamic teachings “by any method”.

“The Malaysian government appears to be resting its global reputation on its new term at the UN Security Council rather than addressing the country’s serious rights problems,” Robertson said.

“The government will need to reverse course on rights in 2015 if it wants to truly bolster its international standing.” – January 29, 2015.

* To read Human Rights Watch’s World Report 2015 chapter on Malaysia, visit http://www.hrw.org/world-report/2015/country-chapters/malaysia.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insider.

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Sedition Act: Najib’s aim to appease critics has backfired

N Surendran says right-wing elements within Umno are still attacking Najib despite him giving in to pressure to retain the Sedition Act.

FMT

KUALA LUMPUR: After years of reassuring the people that the draconian Sedition Act would be repealed, Prime Minister Najib Razak instead dragged the country down into “party authoritarianism” when he caved in to pressure from right-wing elements within his party and backtracked on his word.

So said MP for Padang Serai, N Surendran, who added that even that move has backfired for Najib since his critics have intensified their attacks against him and his brand of leadership.

In a statement, Surendran said, “Najib foolishly believed he could appease right wing elements in Umno, including Mahathir, by announcing the retention of the Sedition Act.

“But they have since only increased their attacks upon him.”

Lamenting that Najib’s move also went against “all democratic principles”, Surendran explained, “..the decision to retain the Sedition Act was not announced by Najib as Prime Minister, but by Najib as President of Umno at the Umno general assembly.”

Asking if Malaysia had now entered an “era of party rule”, Surendran also asked, “Is Umno running the cabinet and government?”

He described Najib’s U-turn as an “act of betrayal”, saying it was only a short-term strategy to “win over the public in the lengthy run-up to the 13th General election”.

Saying the move was a poor judgement call because it had shaken the public’s confidence in their leader, he said it would be long remembered and not easily forgiven by the people.

Surendran nevertheless said Najib could still make things right come March this year.

He said, “Najib still has an opportunity to redeem himself.

“He must stand up to pressure from right-wing elements from within Umno, and bring in a bill to repeal the Sedition Act during the March session of Parliament.

“He and the BN must avail themselves of this opportunity to do the right thing, or face the wrath of the voters and the harsh judgment of history.”

Cops quiz MP over 'Islamic civilisation' subject

 

DAP’s Kampar MP Ko Chung Sen was called in for questioning at the Bukit Aman federal police headquarters today on his statement on teaching Islamic civilisation in universities, which is being investigated under the Sedition Act.

Ko was accompanied by his lawyer Gobind Singh Deo, who told  Malaysiakini afterwards that Inspector-General of Police Khalid Abu Bakar had sensationalised the issue.

"There is really nothing there. We will fight against the prosecution of Ko," added Gobind, who is also the MP for Puchong.

Last Saturday, Khalid uploaded two photographs on his Twitter account and said these matters needed to be investigated under the Sedition Act.

One was about Ko (right), and the other concerned lawyer Eric Paulsen's tweet that the Islamic Development Department (Jakim) was promoting extremism through Friday sermons.

Paulsen was detained on Monday and remanded for 48 hours.

Ko said of the IGP's tweet that his photo had been edited with the words "Hapus subjek Tamadun Islam. Ini hak kami! Kami bayar cukai” included (Abolish Islamic civilisation subject. It is our right. We are taxpayers).

He also expressed disappointment that Khalid had announced the investigation based on a cybertrooper website.

Malaysiakini stated that the picture, which was credited to the portal, was taken at a press conference.

This was at a press conference held by Ko at the Parliament lobby to question the Education Ministry for making the subject compulsory for all private universities.

Meanwhile, when reached this evening, Ko said that there was nothing seditious about the statement he issued at the Parliament lobby and he believes this is an open secret.

"I do not think there is anything in it (the statement). It was an open statement made in Parliament," he said of the press conference that was held two years ago.

However, Ko blamed Khalid (right)  for propagating the issue and added that the investigation for sedition was started after Khalid’s tweet.

"There was nothing before the IGP tweeted. After his tweet on Jan 10, that is when I got called in for an investigation," Ko lamented.

Ko is being investigated under Section 4 of the Sedition Act.

Malaysian Bar denounces Eric Paulsen's arrest as abuse of Sedition Act

The Sun Daily 

PETALING JAYA: The Malaysian Bar today said it is perturbed by the arrest of Lawyers for Liberty executive director and co-founder Eric Paulsen under the Sedition Act 1948, for reportedly having tweeted that "Jakim is promoting extremism every Friday".

Its president Christopher Leong said Eric Paulsen's arrest is the latest case in the unabated use of the Sedition Act 1948.

He said it would appear that Jakim is a reference to Jabatan Kemajuan Islam Malaysia, which is a Federal government authority or agency.

"A comment, including an adverse one, directed at such an agency cannot be construed as an insult to the religion. There does not appear to be anything in the tweet or comment reportedly made by Eric Paulsen that insults Islam as alleged," he said in a statement.

"It must be emphasised that an allegedly adverse statement directed at a government authority or agency, such as Jakim, should never be criminalised. A government authority or agency is not beyond public scrutiny or comment, nor can it be immune from criticism. This is part and parcel of the nature of accountability of public authorities in democratic societies.," said Leong.

Further, he added as in a previous case concerning alleged comments regarding the burning of Bibles, the authorities should be consistent in the application of the law.

"If the authorities were to be consistent, the context of the tweet or comment and the intention of the maker should therefore be taken into account. In its ordinary and natural meaning, the tweet was an expression of concern directed at the Government to look into the actions of a government agency. Whether the concern as expressed is borne out is a matter for enquiry and rebuttal. There cannot be anything seditious about such comments," he said.

He said it was also disconcerting and worrying to note that the Inspector General of Police had, in his tweets, reportedly described Eric Paulsen as "biadap" (meaning rude), "angkuh" (meaning arrogant), as well as "… ingat dia akan berjaya menghasut Rakyat Malaysia supaya menghancurkan semangat mesyarakat 1M'sia kita".

"This does not accord with the level of professionalism expected of the police, who are obliged to conduct an independent, neutral and objective investigation of the matter without any personal views or preconception," pointed out Leong.

This case, he said, is another example of the disadvantage to nation-building that is presented by laws such as the Sedition Act 1948.

"It seeks to cow, intimidate and punish because there are people who may be offended or angered by what is said. The Sedition Act 1948 encourages people who threaten violence, and who are not open to adverse comments or ideas. It endorses and nurtures a culture of aggression, intemperance and intolerance that does not engender the growth and maturity of this nation and its peoples, and provides an environment for extremism to thrive. Instead of fostering moderation and understanding, or safeguarding national harmony, the effect of the Sedition Act 1948 is to ensure that people perpetually walk on eggshells," he added.

The Malaysian Bar has called on the authorities to cease their use of the Sedition Act 1948, and to recognise the right to freedom of speech and expression.

Leong said the authorities must not use an abhorrent piece of legislation to protect themselves from fair comment and criticism.

Lawyer’s Jakim extremism tweet falls in sedition net

But Kampar MP questions why IGP used photos from cybertrooper.

FMT

KUALA LUMPUR: Civil liberties lawyer Eric Paulsen’s remark on Thursday about “extremism” by Jakim (the Islamic affairs department) appears to have got him entangled in the current sedition campaign. And so, too, an MP’s supposed remarks about “Islamic Civilisation” studies.

They appear to be under investigation because the Inspector-General of Police, Abdul Khalid Bakar, appears to have said so in his own tweet today, but it was not clear who he wanted to be investigated.

At the same time, the Kampar MP named by Khalid questioned the IGP’s action in using the photo, which he said came from a cybertrooper’s web site.

Khalid had used two photo montages to accompany his tweet, but did not state the source.

“Statement sebegini memang wajar kita siasat dibawah Akta Hasutan. @PDRMsia akan siasat di bawah Akta Hasutan” he tweeted. (Statements such as these should be investigated under the Sedition Act. PDRM will investigate.)

It was not clear whether he was calling for Paulsen and Ko to be investigated, or whether the police would investigate those who had created the photo montages.

On Thursday Paulsen had tweeted: “Jakim is promoting extremism every Friday. Govt needs to address that if serious about extremism in Msia.”

It appeared to be a tongue-in-cheek remark about Friday sermons, drafted by Jakim, and delivered in mosques across the country.

This was reproduced on a copy of his profile photo, with the word “Biadab” written on it, and used by Khalid together with another photo montage with Ko’s supposed remarks that Islamic Civilisation be abolished.

Ko said the photos had been taken from a cybertrooper’s web site.

The MP told the Star Online that it was in July 2013 when he had made a statement urging the Education Ministry to reverse a ruling for compulsory Islamic Civilisation studies in private universities and letting them decide on their courses.

The Kampar MP questioned the IGP’s action in republishing lies by a cybertrooper, of ordering an investigation based on rumours and in propagating the photo, which would create ill-will.

Court allows constitutional challenge on sedition

 

Padang Serai MP N Surendran succeeded today in referring two questions challenging the constitutionality of the Sedition Act to the Kuala Lumpur High Court.

In allowing two out of three questions to proceed, Sessions Judge Ahmad Bache ordered a stay on the Sessions Court proceedings.

"Hence, the court orders a stay in proceedings of the Sessions Court pending the case being referred to the High Court," said Ahmad.

Surendran, who is also a PKR central committee member, was charged with sedition following the comments he made on YouTube regarding the Court of Appeal decision over the Anwar Ibrahim Sodomy II trial.

The two questions that were allowed are:

• Whether the Sedition Act 1948 is constitutional or otherwise

• Whether the Act breaches three provisions in the Federal Constitution, namely the liberty of the person; equality; and freedoms of speech, assembly and association.

Ahmad, however, did not allow the third question, on whether the Sedition Act 1948 is unconstitutional since the question of intention does not need to be proven.

Surendran, who is also a lawyer, was represented by M Puravalen and Latheefa Koya.

Outside Sessions Court's jurisdiction

Ahmad ruled to refer the constitutional question to the High Court since the Sessions Court does not have jurisdiction to make a decision on the matter.

The judge said since the case of Universiti Malaya academician Azmi Sharom (above) was also referred to the apex court, hence this case should also be referred.

“These two constitutional questions are not new as they have been referred to the Federal Court in Azmi’s case.

"Hence, if we were to continue with this trial and the apex court gives a decision in Azmi’s favour, the proceeding here (at the Sessions Court) would be considered nugatory,” he said.

Ahmad said he held a similar view with the DPP that intention need not be proven in a sedition charge and for this reason, he is not allowing the third question.

Latheefa told Malaysiakini that since Surendran was successful in transferring the case to the High Court, they have decided to also appeal the Sessions judge’s decision in not allowing the third question.

Guan Eng calls Umno man’s bluff, says slurs aimed at all Chinese

Permatang Pauh Umno division chairman Datuk Mohd Zaidi Mohd Said had uttered derogative remarks against the Chinese, and he did it twice, said Penang Chief Minister Lim Guan Eng.

Playing a video of Zaidi's controversial speech at last Friday's Umno general assembly today, Lim said the Umno man made the remarks against the Chinese twice without indicating that he meant only "some Chinese".

He was rebutting Zaidi's statement yesterday that he used the words "kadang-kadang" (sometimes) and "segelintir" (a few) in his speech when saying that the Chinese gained wealth and influence from illegal activities in Penang.

"He said 'kekuatan Cina kadang-kadang dijana melalui perniagaan haram' (the strength of the Chinese is sometimes generated through illegal businesses).

"That remark is directed to all the Chinese, not 'segelintir'. With 'kadang-kadang', even if its 50% and not 100% of the time, it still carries the same meaning, having the same effect."

He added that Zaidi's other remark that the Chinese in Penang will fear the Malays if enforcement action was taken against them over illegal activities.

"With that, he had said it twice... it is clear that Zaidi made those remarks. He should not be a coward. Just admit it, if you had said it. If you feel it was wrong, then retract and apologise."

As the clip was played, Zaidi was also heard uttering the word “keling” in his speech, a derogatory word referring to Indians.

Lim said Zaidi should not stir up racial sentiments for the sake of politics, adding that he should also not twist and turn, and try to deny what he had said.

"Here you try to blame others. That is the racist face of Umno," Lim said, referring to Zaidi claiming that his speech was misinterpreted by some media.

Zaidi yesterday called a press conference and told the media that the word “kadang-kadang” was omitted in the reports, causing the news reports to give an "inaccurate picture" of the content of his speech.

He said what he meant was not all the time and not all Chinese were making money and gaining power through illegal means.

"The word 'kadang-kadang' showed that not all (the Chinese in Penang) were like that. In Malay, the word 'kadang-kadang' means very seldom.

"I uttered the word very clearly in my speech... I did not say all the Chinese in Penang. I meant 'kadang-kadang ada segelintir orang Cina di Pulau Pinang' (sometimes some Chinese in Penang) were involved in such activities.

"The word 'kadang-kadang' was omitted in my speech... this shows malicious intention to split the people, cause them to fight," he said.

Zaidi also reportedly said that his speech was directed at raising the issue of weaknesses in the enforcement authorities under both the federal and state governments that did not take action to eradicate illegal businesses like gambling, prostitution and entertainment outlets.

Lim said Zaidi had still made a serious allegation, and if the Umno man has information of the illegal activities, he should have gone to the police with the details.

It was the police's job to go after the people involved in the illegal activities, not the local authorities, he said, adding: "Don't tell me Zaidi as an Umno leader does not even know this. The police is also under the federal government."

"Zaidi wanted to attack me with his allegation but instead, he also attacked the police."

Lim also asked what Barisan Nasional component parties MCA and Gerakan thought of Zaidi's explanation.

"What will they do? Will they still work with Umno? We will also see what the police will do now that police reports have been lodged against Zaidi," he said.

Batu Uban assemblyman Dr T. Jayabalan from PKR and Lim's political secretary and Air Itam assemblyman Wong Hon Wai yesterday lodged police reports against Zaidi at the northeast district police headquarters.

After Zaidi's speech, MCA vice-president Senator Datin Paduka Chew Mei Fun said the party condemned Zaidi in the harshest terms for his false and wild accusations against the Penang Chinese.

She added that Umno must look into it and take action against any of its members, who insult the sensitivities of others, to prevent social unrest that can be caused by extreme views, and to arrest the negative effects on inter-ethnic harmony.

Chew, who also heads Penang MCA, said in a statement on Saturday that it was pathetic Zaidi sought to score cheap political mileage by resorting to rubbish claims of magnifying “vice activities” to slander the Penang Chinese. – December 2, 2014.

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After Sedition Act flip-flop, how now for Najib’s election reform?

Following Putrajaya's about-turn on the Sedition Act repeal, questions now hang over another of Datuk Seri Najib Razak's promised reforms – to place the Election Commission under parliamentary oversight.

Announced less than a month after the May 5 general election last year, the plan to have a bipartisan committee oversee the EC to address concerns over its alleged bias now appears to have hit a snag.

EC chairman Tan Sri Abdul Aziz Mohd Yusof said the plan would not be happening any time soon.

"It is still being carefully studied," he told The Malaysian Insider when asked about the progress made so far since Najib's announcement last year to remove the EC from the purview of the Prime Minister's Department.

Aziz said it would not be easy to implement the reform as it required constitutional changes.

Najib made the announcement on June 1, last year in a speech for the Yang Di-Pertuan Agong's birthday celebration in Istana Negara.

In the 13th general election (GE13) a month earlier, the ruling Barisan Nasional had gained under 47% of the popular vote although it won 133 seats in the 222-member Dewan Rakyat.

The opposition, Pakatan Rakyat, received 51% of the popular vote and 89 seats.

“The government has decided to transfer the control and functions of the EC to a special committee consisting of MPs from all political parties, either from the government or the opposition,” Najib said then.

“With this move, it is hoped that the impartiality of the Election Commission is no longer questioned and that the confidence of the people towards the commission can be strengthened,” Bernama had reported him saying.

Aziz also told The Malaysian Insider that apart from amending the Federal Constitution, such a move would also need the support of two-thirds of the MPs in the Dewan Rakyat.

“Everything is still at an early stage of planning," he said, adding that the EC was also trying to avoid a controversy similar to when it decided to implement the use of indelible ink.

"Although the intention may be good, we still need to study this plan carefully, all the pros and the cons.

"In the past, even with the slightest mistake, EC was attacked mercilessly. This time, we have to tread carefully," he said.

Najib's announcement had come amid accusations that the EC had favoured the BN and had even helped the 13-party coalition keep its unbroken grip on power. The polls last year saw indelible ink used for the first time in Malaysian polls but claims of gerrymandering and malapportionment by the EC remained.

Responding positively to the proposal, PR had suggested that it was willing to lead the committee "to ensure the exercise has genuine intention of restoring the public’s confidence in the EC".

EC should report to Parliament

Merdeka Center executive director Ibrahim Suffian said the criticism against the EC was the reason the plan to put it under parliamentary oversight needed to be executed.

"There are those who say EC is not free because it is under the purview of the Prime Minister's Department. We are now more aware about democracy, that was why NGOs were pushing for more transparency and fairness from the election regulator," Ibrahim said.

Ibrahim, who was also involved in election monitoring work for the polls last year, said the selection and appointment of EC members should also be done more fairly without any direct involvement of the prime minister.

"When it is under the Parliament, appointments of members of the commission, the selection and appointment process will be decided by a bipartisan panel.

"So the chances of the EC being seen as a neutral party increase."

Election reform group Bersih 2.0 has clear ideas as to how Najib's proposal should be implemented.

Its chairperson, Maria Chin Abdullah, said the EC should become an executive body similar to the National Human Rights Commission (Suhakam) which has its own budget and administration.

"We want EC to be placed under the Parliament Act, just like Suhakam. For Suhakam, it is specifically under the Human Rights Commission Act.

"This way, EC will report directly to the Parliament and become an executive body," said Maria.

She added that by doing so, the election regulator would have the power to investigate and present its findings in Parliament.

"It is important for EC to have the power to act against misconduct, or at least the power to investigate. Once they can conduct an investigation, they will have to present their report and it can then be debated.”

Aziz, however, continued to defend the EC's independence, insisting that it was not controlled by any party, adding that placing the commission under parliamentary purview would not resolve charges of bias against the EC.

"They (the opposition) always think that the EC is not independent, but even if it is under the Parliament, there will be someone who is in control, for example, the Speaker.

"They may make the same charges again if the decision that is made by the Speaker is not favourable to them," he said.

The EC, formed in 1957 under the Federal Constitution, falls under the purview of the Prime Minister’s Department.

Najib has said that the elections regulator was neither a government department nor agency but a statutory body whose members received the same protection as Federal Court judges.

After the contentious GE13, PR had organised several rallies throughout the country, accusing BN of “stealing” the elections as the coalition had lost the popular vote for the first time since 1969, but still retained federal power. – December 2, 2014.

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Social media users focus of Sedition Act change

 

The burden to prove seditious or defamatory remarks made inside and outside social media are among the matters that will be scrutinised in a bid to improve the Sedition Act 1948.

Communication and Multimedia Minister Ahmad Shabery Cheek said the burden to prove actual sedition and defamation, including for the cases brought to courts, should be taken into consideration as many social media users
were using their nicknames or fake identity.

"There's a suggestion for all media users to register (their true identity) with the Malaysian Communication and Multimedia Commission (MCMC). Logically, is it doable, but technically, challenges await because some individuals registered as social media users, such as Facebook, from overseas.

"In fact, Facebook is not registered under the MCMC. The public need to understand this," he said after launching the trailer for new 3D animated movie, AMUZ Space Series for Kidz in Kuala Lumpur today.

Also present was astronaut Dr Sheikh Muszaphar Shukor (left).

Ahmad Shabery also said Facebook registration did not require users to share their detailed information and this made it difficult to prove the identity of persons who abused the social media.

Prime Minister Najib Abdul Razak recently announced that the
Sedition Act would be maintained with improvements so that it would remain relevant with the change of time.

Ahmad Shabery explained that it was also a big challenge for any country, including the developed ones, to prove that a social media user had committed a defamation or sedition offence.

"Maybe the other alternative is to foster cooperation with Facebook, Twitter and other social media, or to register IP addresses that will enable forensic work to be carried out to detect those involved," he said.

- Bernama

Sedition Act staying won't ensure GE14 win, says PM

Prime Minister Najib Abdul Razak today said that his decision to keep the Sedition Act some two years after promising to repeal it, won't guarantee BN a victory in the 14th general election.

"The protection of BN cannot come from the Sedition Act," he asserted, while officiating the PPP convention at the Putra World Trade Centre today.

"Sedition Act cannot ensure BN will get re-elected in GE14. It is only through the will and support of people," he said.

It has been largely suggested that Najib's U-turn on the act was due to pressure from party grassroots and that the act is being used to keep Umno and BN in a strong position ahead of the next elections.

Najib claimed that the act staying would be a form of protection for the social contract and also for non-Muslims and non-Malays.

 

"The enforcement of it must be seen to be fair as everyone who transgresses will be dealt with accordingly under the law," he said.

 

"There will be no acrimonous relations between races, we Malaysians want harmony," he added.

 

Najib also took swipe at the opposition, saying they are "destroying" the people's confidence.

 

"The Kajang move and the Selangor fiasco is clear indication that the opposition cannot work together. Their only common interest is to defeat BN," he said.

Investigate Zaidi for sedition, says MCA

Tan Chuan Hong says police should investigate Umno leader Mohd Zaid to set an example to others that racist statements won't be tolerated.

FMT

GEORGE TOWN: Penang MCA secretary Tan Chuan Hong has urged police to investigate Umno Permatang Pauh chief Mohd Zaidi Mohd Said under the Sedition Act 1948 for claiming that “Chinese are getting rich through illegal activities”.

Tan said the police should take stern action against Mohd Zaid to set an exemplary punishment for others.

He pointed out that since independence in 1957, all major races in the country had been committed to maintaining harmony and understanding among each other.

“MCA has also made considerable efforts. If one undermines unity for political purposes or cheap publicity, one should be punished no matter from which political party he or she comes from,” said Tan in a statement here today.

Being an authentic Penangite, Tan argued that he knew of many seniors who relied on their own initiative to become rich, and did not resort to operating or indulging in so-called illegal activities to earn a living.

He cited examples of the late Loh Boon Siew, Khor Teng Tong and Penang Chinese Town Hall chairman Khor Teng Haw who worked hard and went to great lengths to make their fortunes starting from scratch.

He also said if Penang was flooded by illegal activities that enriched the Chinese as claimed by Mohd Zaid, then the Umno leader was also indirectly insulting and obliterating all efforts by the police thus far to crack down on crime.

On the contrary, Tan said that the hard work put in by the police had resulted in Penang becoming one of the safest states in Malaysia.

Tan also said that since UMNO was the main political parties in BN, it should set an example by taking stern disciplinary action against Mohd Zaidi for his uncalled for racist statement.

Sedition Act will protect all M’sians, says PM

Najib Razak says the Sedition Act is a protection of the country’s much cherished social contract that has been embedded in the constitution.

FMT

KUALA LUMPUR: The move to retain the Sedition Act 1948 was made to protect the sensitivities of all Malaysians, said Prime Minister Najib Tun Razak who noted there was no ulterior motive behind the move.

He said retaining the act was not about protecting the rights of Muslims and Malays only, but also those of the non-Muslim and non-Malay communities.

“I want to explain that the act is a protection for all Malaysians, it is a protection of our much cherished social contract that has been embedded in our constitution.

“We must ensure that the enforcement of the Sedition Act must be seen to be fair,” he said when opening the 61st People’s Progressive Party (PPP) annual general meeting, here, Sunday.

Najib stressed that action would be taken accordingly against those who disrespected other people’s faiths.

Among those present were PPP president M Kayveas, senior vice-president Maglin Dennis D’Cruz and other Barisan Nasional component party leaders.

Najib told his audience that BN’s survival rested with the people of Malaysia.

“This Act cannot ensure Barisan Nasional will be re-elected at the next general election. Only the will and support of the people can ensure that BN remains in power,” he said.

Najib, who is Umno president, announced Thursday at the party’s annual general assembly that the Sedition Act would not only be retained but also strengthened to make it more relevant to current times.

He said at today’s function that it was important to retain the Sedition Act to avoid conflicts and acrimonious relations between the different races and religious groups in the country.

“As you know, even developed countries are not immuned to racial and religious tensions,” he said, alluding to the race riots in London a few years ago and civil disorder over the past few days stemming from the fatal shooting of an unarmed black teenager in the Missouri town of Ferguson.

He cautioned that similar problems could occur in Malaysia and if that happened, what had been built since the country’s independence could be destroyed overnight.

“We cannot afford to let that happen here,” Najib said.

Najib, who is also BN chairman, outlined moderation, balance, excellence and social justice as the four main thrusts in uniting the BN component parties as well as the public at large.

“Being moderate means we must strive for excellence and at the same time we must ensure that our policies are inclusive for all Malaysians,” he said.

Earlier, Kayveas in his policy speech, expressed full support for Najib’s decision to retain the Sedition Act 1948 which he believed could maintain peace and racial unity in Malaysia.

The one-day PPP annual assembly was attended by about 3,000 party delegates and observers from throughout the country.

The delegates will choose from among the candidates vying for the six vice-president posts and 20 party Supreme Council seats, with the results to be announced Sunday evening.

- BERNAMA

Najib jelaskan alasan tidak mansuh Akta Hasutan

As Sedition Act stays, IGP wants it made easier to charge

(Malay Mail Online) – The Sedition Act should be “improved” to make it easier for authorities to prosecute those who violate the law, Inspector-General of Police Tan Sri Khalid Abu Bakar said.

Despite the already low threshold of the law that criminalises speech with an undefined “seditious tendency” and without need to prove intent, Khalid urged the Attorney-General’s Chambers to draft amendments soon that will help police present charges against those accused of sedition.

“I welcome the retention of the Sedition Act in conditions when the freedom of speech, opinion, writing and many more have been misused. This Act is a law that is very suited to address the problem,” Khalid was quoted as saying by Malay daily Utusan Malaysia today.

“We also ask that some parts (of the Sedition Act) be reinforced to, among others, make the process of charging those responsible for such crimes,” he continued.

Prime Minister Datuk Seri Najib Razak yesterday declared that the Sedition Act 1948 will remain, in an about-turn from his earlier pledge in 2012 to repeal the colonial era law.

He also announced that the Act will be strengthened with two extra provisions: one prohibiting insults against all religions, and the other prohibiting talks of Sabah and Sarawak seceding from Malaysia.

In his policy speech at the start of the 65th Umno General Assembly, he said the decision was made after consultation with party leaders, NGOs and grassroots members.

As part of his administration’s raft of reforms, the prime minister had in 2012 pledged to do away with the Sedition Act and replace it with laws on national harmony.

Despite the pledge, Putrajaya has in recent months increased its use of the law to hitherto unseen levels.

In just nine months this year, 12 cases have been prosecuted under the Sedition Act ― the highest figure since 2009 ― raising alarm in civil society of the government’s perceived clampdown on dissent.

Umno leaders and many self-styled Malay groups have been fighting hard to convince the Najib government to retain the Act, even going as far as saying there is a need to tighten it further to include provisions that specifically prohibits individuals from insulting Islam, the Malay race and the rulers.

Zahid pledges to step-up arrests under Sedition Act

Home Minister pledges he will step up action under the new Sedition Act in a speech in which he received thunderous applause.

FMT

KUALA LUMPUR: Umno vice-president Ahmad Zahid Hamidi, in his winding up speech at the Umno General Assembly, pledged that he would step up action under the new Sedition Act and asked, “Do I look hardcore? Do I look like a fundamentalist?” and to which he received thunderous applause for.

“I am here because you voted for me. I am placed here by the prime minister and you to be the home minister.”

Delving into figures, he said 40 people were charged under the Sedition Act in 2010 and a further 12 this year alone.

“I promise when this Act has been strengthened by the prime minister, I will continue to take action against the offenders,” he said.

‘Don’t just push things to the police, the police are already investigating and conducting the arrests.”

He urged the Malaysian Communication and Multimedia Commission and Attorney-General’s Chambers, to assist the police in securing prosecutions under the Sedition Act.

3mil Umno members deciding for 30mil citizens

 

The Sedition Act is here to stay. The members of Umno attending their annual general meeting gave a thunderous applause as Najib Abdul Razak, their party president, announced, “Hence I, as the prime minister, decided that the Sedition Act 1948 will remain.”

Najib’s surprise U-turn on his stand comes closely behind the heels of its Youh chief Khairy Jamaluddin’s alarm when he blazed that “without it (the Act) to protect us, the nation would be in ruins”.

But Najib’s shocking announcement was also preceded by a wiser Abdullah Ahmad Badawi (Pak Lah) cautioning that “Umno’s power and strength comes from the people’s support. Remember, if the people no longer support us, there is no law on God’s earth that can save Umno from losing power.”

The nation’s 30 million citizens, minus Umno’s 3 million members, would also take note of what Dr Mujahid Yusof Rawa said, in reaction to the shocking announcement by Najib.

As a member of the National Unity Consultative Council that was convened to draft a new bill to replace the draconian law, Mujahid said the Sedition Act also had a low burden of proof and was exposed to misuse as to the meaning of the word sedition.

He added that in contrast, the proposed National Harmony Act tightened the burden of proof aspect and also offered protection on freedom of speech.

But to what avail? It seems now that Najib has stuck with his mantra of ‘endless possibilities’ like a leech.

What is most perturbing is how millions around the globe will perceive all these.

As Jack Trout advocates, “Perceptions are really what make you and break you,” Najib needs to know foremost that he stood for the entire nation, deciding and speaking on behalf of 30 million Malaysians on the Umno platform that boasts of only 3 million citizens.

A national decision made on a party platform? Should not such a serious decision with far reaching implications and reverberations not have been made in Parliament where the government rules?

And as we examine the sentiments and arguments postulated at the Umno assembly justifying the need for the resurrection of the draconian rule, surely the nation at large will begin to also wander in the window light of Pak Lah’s caution.

Many will also wonder what would Najib do if five million citizens agreed that it has to be a ‘no go’ for the Sedition Act? Would the three million voices of Umno still overrule the majority voice?

The Sedition Act announcement signals loudly that for as long as Umno thinks its enemies are the nation’s own citizens, it has only crippled its hopes for national transformation; and for as long as Umno leaders think that laws alone will protect the party’s relevancy, its members are duped.

'PM's Sedition Act U-turn cowardly, malicious'

 

Prime Minister Najib Abdul Razak's decision of to retain the Sedition Act is "cowardly" and "reeks of malice", says Gerakan Hapus Akta Hasutan (GHAH).

“GHAH is deeply disturbed and outraged with Najib’s cowardly decision to renege on his promise to abolish the Sedition Act and to ‘fortify and strengthen’ the Act instead,” the leading coalition for the Act's abolition said in a statement yesterday.

Led by Suaram, Lawyers for Liberty and the Civil Rights Committee of Kuala Lumpur Selangor Chinese Assembly Hall, GHAH added the decision is in bad faith on the part of the government.

“The sudden decision ... allegedly protect the sanctity of Islam and other religions and to address those calling for the secession of Sabah and Sarawak reeks of malice and bad faith, as the Act has been rampantly abused to charge politicians, activists and dissidents.”

GHAH added Najib’s announcement to further fortify the Act will stifle dissent and lead to a “bleak and undemocratic future”.

“This decision tightens the noose around freedom of speech and expression and makes clear what a bleak and undemocratic future we have under Najib's administration.

“The shocking increase in sedition charges and investigations in the past two years reaffirms the prime minister's false reformist credentials and it is evident that his administration is still reliant on the draconian and antiquated legislation to control and suppress democratic norms and legitimate dissent.

Promise not kept

Najib's highly anticipated announcement at the height of the Umno AGM yesterday received a standing ovation and rousing applause from the ruling party's members, who had stepped up calls for their president to back down from his pre-election promise in 2012 to abolish the Act.

After BN's poorest showing in recent history during the 13th general election in 2013, there have been growing calls from Umno's right wing to retain the Act, which has since been used in a massive dragnet over the past year against opposition members and other voices of dissent.

Last Friday, a group of GHAH activists handed over an anti-Sedition Act petition to the Parliament.

It was no surprise that speaker Pandikar Amin Mulia rejected the petition signed by 3,005 people, citing a procedure breach that some of the petitioners did not place their signatures or thumbprints in the petition.

Khalid Samad (PAS-Shah Alam) however persisted to move for the petition to be read out in the House but Pandikar stood firm on his decision.

Najib Razak: Dulu, sekarang dan...

Gerakan 'perturbed' by volte-face on Sedition Act

 

Gerakan is "perturbed" by Prime Minister Najib Razak's latest announcement that the 1948 Sedition Act remains and will be fortified.

The party's national and human rights bureau chief Baljit Singh said that Najib has gone back on his promise in 2012 to abolish the Act and replace it with the National Harmony Bill.

"He should not make a U-turn. We must move forward and that is to come up with a National Harmony Act," Baljit said when contacted.

"The Sedition Act is outdated. It has outlived its usefulness," added the senior lawyer from Penang.

Baljit (left) said people were concerned that the Sedition Act was "unequally enforced" and there were incidences of selective prosecution when the law was applied to certain individuals.

"Serious cases which were seditious in nature were left off the hook," he quipped.

Baljit was asked to comment on Najib remarks at the Umno General Assembly today that ""Not only will this Act be retained, it will be fortified.

Najib's declaration was met with a thundering applause by members at the AGM.

He was confident that Umno's allies in BN was with him on the matter.

Baljit said he understood Najib and Umno's concerns resulting in strengthening the Act to protect Islam and other faiths as well as tp deal with calls for secession of Sabah and Sarawak.

"But all these concerns can be incorporated into the National Harmony Act," Baljit said.

He urged Najib to relook into the need for the Sedition Act, asking that the matter be rediscussed in the BN supreme Council.

Since Merdeka, at least 20 individuals comprising academicians, activists, student leaders, preachers, opposition politicians and a journalist was either probed or arrested under the Act.

But Najib said he had listened to suggestions given by Deputy Prime Minister Muhyiddin Yassin, Wanita Umno, Umno Youth and Puteri Umno, for the Act to be retained as well as concerns raised by the grassroots on the issue.

Umno can’t use Sedition Act to stay in power, warns Pak Lah

Amid Umno's jubilant greeting over the retention of the Sedition Act 1948, former party president and prime minister Tun Abdullah Ahmad Badawi warned that the law should not be abused to help the party stay in power.

Writing in his blog soon after his successor Datuk Seri Najib Razak announced a U-turn on his promise to repeal the act, Abdullah reminded Umno members that the party could only stay in power with the people's support.

"In our enthusiasm to retain the Sedition Act, I remind Umno members that the act is not to be used to keep Umno in power.

"Umno's power and strength comes from the people's support. Remember, if the people no longer support us, there is no law on God's earth that can save Umno from losing power," Abdullah said.

The former prime minister, however, agreed with the decision to retain the colonial-era law.

He also noted the enthusiasm with which Umno delegates had shown when Najib said the act would remain in his policy speech earlier today.

"I support the decision to retain or amend any laws that protect national harmony, that uphold our constitution, that affirm the social contract forged by our forefathers.

"And that ensures that the federation of Malaysia is not destroyed by irresponsible people. All this, I support," he said before stating his caution.

At the Umno general assembly, Najib had said the Sedition Act would not only be retained, but strengthened with amendments to protect the sanctity of Islam, curb insults against other religions and to punish anyone who called for the secession of Sabah and Sarawak from Malaysia.

Najib said he decided this after considering feedback from Umno deputy president Tan Sri Muhyiddin Yassin, Wanita Umno, Pemuda Umno, Puteri Umno, the grassroots, as well as non-governmental organisations.

"Hence I, as the prime minister, decided that the Sedition Act 1948 will remain," he said, amid roars of approval from the delegates gathered at the Putra World Trade Centre in Kuala Lumpur.

He said this was Umno's wish, adding that he believed their friends in Barisan Nasional (BN) would be with them.

Gerakan president Datuk Mah Siew Keong, however, issued a nuanced protest in a statement this afternoon, noting public dissatisfaction over the abuse of the act against academics and public intellectuals.

"Gerakan's fervent hope is that the Sedition Act will eventually be replaced with a comprehensive National Harmony Act. The new framework must include a set of punitive and positive measures to ensure societal stability but at the same time promotes national unity and harmony," he said.

Noting the "long struggle" of 20 years to repeal the Internal Security Act, Mah said he believed a repeal of the Sedition Act would be done "when all parties are ready and open minded".

"In line with the growing tide of democratisation, I believe this will eventually happen.

"In the meantime, I urge the authorities to act without fear and favour and do not abuse the Sedition Act to silence legitimate political dissent."

Mah noted that the failure to charge Perkasa president Datuk Ibrahim Ali over the call to burn the Malay language Bibles had fuelled perceptions that the act has not been used in a fair and just manner. – November 27, 2014.