September 17, 2011
www.malaysia-chronicle.com
Sivarasa upon Pri
me Ministers Malaysia Day Address: Najibs sleight of hand
Written by Sivarasa Rasiah*
In his Malaysia day debate last night, Prime Minister Najib spoken in a following difference you would identical to to make known upon this ancestral night, a Internal Security Act 1960 will be abolished.
However he rught away went upon to say that dual brand brand brand new pieces of legislation will be formulated underneath Article 149 of a Federal Constitution to say assent as well as well-being.
The nauseating Article 149
Some of us may not have rught away understood a ominous definition of a use of those difference Article 149. Article 149 is a nauseating partial of a Constitution that allows a draconian ISA to exist as a valid law. If Article 149 were not there, a ISA as well as all alternative laws that yield for apprehension though hearing in this nation such as a Dangerous Drugs ( Special Preventive Measures) 1985 would be struck down as unconstitutional as well as void.
Article 149 allows such laws to violate a elemental rights partial of a Constitution such as Article 5, 9 as well as 10 that guarantee a protection of open trial, amongst alternative protections, as well as nonetheless work legally, so to speak.
So what did Najib unequivocally do yesterday night? In a disingenuous manner, he left some Malaysians 
thinkin g he was making a ancestral move as well as ridding this nation of a immorality ISA as well as ! detentio n though hearing for good. Nothing can be further from a truth. He was doing verbal sleight of hand. Now you see it, right away you dont!
He did not utterly explain that with a dual brand brand brand new laws to be formulated underneath Article 149, he would be in fact be reinstating apprehension though trial, albeit presumably in a some-more savoury fashion that is nonetheless to be seen.
In alternative words, he usually stated his goal to remove a ISA as well as return it again in brand brand brand new garments you have been nonetheless to see. The proverbial old wine in brand brand brand new bottle?
The actions of a tyrannical regime
Platitudes about political mutation as well as practising functional as well as inclusive democracy as well as becoming a full-fledged grown nation have been incomprehensible if Malaysians have been stlll to suffer apprehension with hearing with power since to a Minister to sequence unfixed detention.
Even if Najib says that a power of a Minister to catch will be usually for terrorism, let us not dont think about that a apprehension of Saari Sungib ( right away ADUN Hulu Kelang), Tian Chua ( right away Member of Parliament for Batu) , activist Hishamuddin Rais as well as 7 others in April 2001 were presumably since they were stockpiling explosive device launchers as well as Molotov cocktails. This foolish ( since of a inherent insanity ) avowal for that no justification was ever produced was in a written press statement issued afterwards by nothing alternative than a Inspector General of Police Norian Mai.
Similarly as well as most some-more recently, Dr Michael Jeyakumar Devaraj ( Member of Parliament for Sungai Siput) as well as 5 colleagues were incarcerated underneath a EO ( that functions just identical to a ISA ) for allegedly being partial of belligerent subversive communism with! a usual ly justification being some t-shirts with Che Guevara as well as Abdullah CD faces, that one could buy simply down in Chow Kit market.
In alternative words, Najibs mere verbal assurances that no one will be incarcerated for political ideology have been in reality incomprehensible platitudes since as you can see in a dual examples g! iven ear lier, a military ( as well as a Minister by extension ) can simply benefaction any one generally a politician as a terrorist.
Let us not dont think about that this is why arbitrary apprehension is a hall symbol of oppressive tyrannical regimes.
Misleading a open once again
Najib implies that a special legislation formulated by modernized democratic nations such as a United States as well as a United Kingdom to hoop terrorism is identical to a measures that you have had in place such as a ISA as well as surety detention. This is officious misleading.
The United States pot a nauseating as well as scandalous apprehension regime in Guantanomo Bay usually for foreigners. Even then, it has been entirely ( as well as righteously ) criticized all over a universe for violating elemental rights. Malaysia upon a alternative palm has regularly locked up as well as ill-treated a own constant adults though due process, as well as since Najibs words, intends to go on to do so.
The special law in a United Kingdom usually allows them to catch a problematic immigrant who if deported behind to his nation of start will be subjected to woe as well as apprehension by a authorities there. Citizens in a UK would not endure for a minute what you do to our own people in a name of a ISA as well as identical laws.
Pakatan will await repeal, though may be not a brand brand brand new laws
Pakatan Rakyats position is set out in essay in our Buku Jingga. We pronounced that a Pa! katan so vereign supervision will abolish a Internal Security Act as well as alternative laws that concede for apprehension though hearing while concurrently rescinding all existing puncture declarations.
We have been appreciative to see that Najib has motionless to adopt our perspective that you have to unshackle ourselves from a puncture declarations of a past. The continued existence of these declarations had prolonged been an unfortunate target for hoax ! both her e as well as overseas quite since there was no semblance of an puncture identical to situation anywhere in a nation for decades now. Pakatan will certainly await a fortitude in Parliament to revoke these declarations as well as will also urge that all ordinances upheld there underneath contingency additionally be annulled forthwith though waiting for a 6 month duration provided for in Article 150(7).
However you partial ways with Najib in his goal to say a nauseating use of apprehension though hearing that will no place in a brand brand brand new epoch of supervision underneath Pakatan Rakyat.
We will instead undertake comprehensive reform of our military force as well as alternative security agencies. We will safeguard that our military force will be since sufficient powers, training as well as resources in sequence to carry out their first responsibilities i.e. prevent crime as well as say open sequence professionally well as well as independently while with regard to a elemental rights of our people.
*Sivarasa Rasiah is a Member of Parliament for Subang as well as a Member of a Central Leadership Council as well as Political Bureau for Parti Keadilan Rakyat
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