On the 2nd of July 2015, the Inter Parliamentary Union (IPU) Committee on the Human Rights of Parliamentarians (CHRP) sent a fact finding mission to Malaysia to investigate a government led crackdown against Malaysian opposition MPs voicing legitimate dissent against grand corruption and abuse of power. They also called for immediate medical attention be given to political prisoner and opposition leader Anwar Ibrahim after visiting him in prison the same week.
The three-member delegation from IPU’s Committee on the Human Rights of Parliamentarians also called for the dismissal of charges and investigations against eight opposition MPs. Some of the MPs had taken part in peaceful demonstrations, or performing their job in keeping the government in check, while I was briefly arrested after criticising the judiciary during a speech in parliament.
The IPU mission, which took place at the invitation of the Malaysian authorities, was encouraged by indications from various government officials that the Act would be revisited. It had expressed the hope that a Federal Court review by law professor Azmi Sharom would reject the Act as unconstitutional. This would remove the threat of action against MPs as they exercised their right to speak and assemble freely as part of their parliamentary duties.
However, disappointingly, on 6th of October 2015, the Federal Court ruled the Sedition Act as legal and constitutional. “In the result, we hold that Section 4(1) does not run counter to Article 10(2)(a) of the Federal Constitution,” Chief Justice Tun Arifin Zakaria said when reading out the judgment. The Federal Court also noted that Parliament has the right under Article 10(2)(a) to restrict the freedom of speech as it deems necessary or expedient for national security, among other things. This was a huge blow to Malaysian human rights defenders, civil society activists, opposition activists and ordinary citizens wishing to legitimately exercise their rights to freedom of speech,opinion and peaceful assembly.
As for Dato’ Seri Anwar Ibrahim, he has yet to receive intensive physiotherapy – to be conducted at least thrice weekly for a serious and severely debilitating shoulder injury.
We continue to fight for his immediate hospitalization; as is his right to health and his right to safe, appropriate and independent medical treatment of his choice.
YB Nurul Izzah was left out from being part of the IPU Malaysia delegation despite holding the post of Honorary Treasurer of IPU Malaysia.
Nonetheless we thank the IPU CHRP for the opportunity to brief them in the current session.
The Committee on the Human Rights of Parliamentarians IPU (CHRP) were updated on three key urgent matters:
1. That our government is facing its grandest corruption scandal yet involving the highest levels of power, that has resulted in a government led backlash and crackdown on human rights against investigative journalists, opposition and civil society activists seeking justice, transparency, good governance and democratic reforms. This has resulted in our economy and Malaysian ringgit spiralling to its lowest point in 17 years and diminishing support of the current Barisan government (a recent opinion poll showed just 23% popular support for Najib’s BN government).
2. Datuk Seri Anwar Ibrahim’s serious and deteriorating health – On 25 June 2015 he was diagnosed with Chronic Severe Rotator Cuff Injury with evidence of Right Shoulder Arthropathy . Denial of intensive physiotherapy – at least 2-3 times a week as prescribed by the medical expert who examined him in July has worsened his condition. In fact it was only due to Mr Juan Pablo and Mr Abatalib’s visit of Datuk Seri Anwar in prison that he was hospitalized for a few days. Unfortunately despite severe pain he remains in prison with hardly any physio and is being denied his basic right to independent, safe and appropriate medical treatment of his choice. Datuk Seri Anwar is also facing sedition investigations due to a number previous speeches at gatherings and rallies prior to his imprisonment.
3. The sustained persecution of opposition politicians aimed at stripping them of their right to contest at the 14th General Elections (GE14) and breaking up the opposition coalition that won 52 % of the popular vote in GE13: Teresa Kok, N Surendran, Nurul Izzah Anwar, Tian Chua, Rafizi Ramli, Steven Sim, N Surendran, Teo Kok Seong, Ng Wei Aik, Khalid Samad, Tony Pua, and most recently Sim Tze Zin and Sivarasa Rasiah.
The Malaysian Government would be wise to take note of the world’s concerns and end the spate of persecutions in the effort to save the Prime Minister’s skin. Consequently, the Speaker of Parliament should also allow for the motion to abolish sedition to be debated and passed, as per the highlighted criticisms by the IPU.
NURUL IZZAH ANWAR, LEMBAH PANTAI MEMBER OF PARLIAMENT
SIVARASA RASIAH, SUBANG MEMBER OF PARLIAMENT
HEE LOY SIAN, PJ SELATAN MEMBER OF PARLIAMENT
