Saturday, September 17, 2011

Abolishing ISA, real or stunt?

Ok, Najib announced that his administration will table a motion to abolish ISA, Emergency Ordinance, and amend Publishing and Printing Act in the next parliamentary session.

I personally do not think this is the true intention of Najib wanted to make Malaysia free from these unhumane laws.

The next parliamentary session will commence in October or November (I cannot remember off hand which month), means it is almost a month from now.

If Najib has the political ambition to mark his name in the history for political transformation, he would have called for a special session to get the parliament to endorse what he intended to.

Instead, he chose to wait for the scheduled session leave me wonder how since he is.

One may argue that he needs to get ready to get it done, but if he made a pledge, isn't this means he is ready? Or he is just teasing us out of the blue?

Proposing to amend Publishing and printing act by telexing the requirement to renew yearly permit does not seems to help the media. Permit is still required, permit is still revocable, permit is still almost impossible to obtain, and clauses in permits issued is not known to the general public, which can still be the same as before, or even worse. Thus, it means nothing to the media, and freedom of expression in general.

Lifting of three existing Emergency is late but a welcome move. Again, why not call for a special session for this but need to wait?

Introduction of 2 new laws to replace ISA and Emergency Ordinance does not look good, especially when the 2 drafts are not made known, makes me wonder these 2 bills are ISA + EO with new dress.

The root of the entire problem
Is that the Constituion allows laws against the spirit of Constitution to pass in the parliament. As long as this provision is not removed, no one can guarantee future administration, be it BN or PR or other ruling regime make use of this clause for their own political interest.

That is, Najib should amend this provision in the Constitution to show his sincerelity.

Besides, many of recent laws since the Mahathir era, after amending the Constitution, empowering the minister to decide on matters that minister's decision is final and cannot be challenge in courts.

This provision in the Consitution is already shaking the equilibrium of the 3 pillars, ie administration, parliament, and the judiciary. By allowing this, Parliament can pass laws allowing the minister not to be challenged in courts, means both the Administration and the Parliament is stepping into the territory of judiciary, and this must be rectify to ensure justice is done in the event minister made a mistake.

Bear in mind that ministers are politicians, they are not professional administrators like KSU etc. How on earth we can rely on a non pro minister to decide on matters that may affect us, and be protected by the laws not o be challenged in courts?

Of course there are many laws that needs review or abolish altogether, but without amendment to key provisions in the Constitution, and willingness from Najib to get it done soonest possible, I see this as another political show and will bring no change to this country.

If Najib has the will, he needs to do it now, else, this is another empty promise again.

No comments:

Post a Comment