Malaysia
Are critics being too harsh on Malaysia’s year-old Pakatan Harapan government?
Malaysia’s 14th General Election went down as one of the most iconic – if not the most iconic – election in the country’s history, as the Pakatan Harapan (PH) coalition rose to power on 9 May last year, toppling a 61-year-old Barisan Nasional regime in the wake of Najib Razak’s scandal-laden administration.
Yet, the most recent survey by research firm Merdeka Centre revealed that the new government’s approval rating drastically fell from 79 per cent at the end of May last year to 39 per cent in Mar this year.
Prime Minister Mahathir Mohamad’s approval rating also plummeted from 83% to 46% during the same timeframe according to the findings of the survey.
Malays, who make up the majority of the Malaysian citizen population, appear to have shown the highest level of dissatisfaction with Mahathir’s government, with 58 per cent of the Malay respondents stating that Malaysia “was heading in the wrong direction under the new government”, according to CNBC.
Director of political consultancy firm Bower Group Asia’s Malaysia office Asrul Hadi Abdullah Sani told Bloomberg: “The government still lacks political support or buy-in from the Malay community and if this remains unattended could have an adverse electoral impact for Pakatan Harapan.”
Despite that, the new government has been perceived by civil society and human rights groups as pandering to the Malay majority’s demands, particularly in relation to the status of ethnic and religious minorities and lesbian, gay, bisexual, and transgender (LGBT) persons.
Calling the PH government’s reforms a “profound disappointment”, Human Rights Watch deputy Asia director Phil Robertson said at a joint press conference with Amnesty International on Wed, a day before the government’s first anniversary, that “If you look at the way most governments proceed, it is in the first year of their governance that the most reform is made. This is when the political momentum is there and people are expecting for things to change.”
Mr Robertson criticised what he perceives to be a delay on the part of the government in repealing draconian laws such as the Sedition Act, the Prevention of Crime Act (Poca), the Security Offences (Special Measures) Act 2012 (Sosma), and the National Security Council Act, in addition to the death penalty, due to pressure from the UMNO and PAS parties.
The PH government, added Mr Robertson, seems to have caved into pressure from the Malay Rulers in pulling out from the signing of the Rome Statute of the International Crime Court.
“There’s far too much of the government coasting on the prevailing political winds. It has to stand up and show some conviction,” he said.
“It feels like we are heading in the wrong direction,” he added.
Adviser to SUARAM Kua Kia Soong called the government’s delay in repealing the above laws a “totally unethical backtracking on the PH GE14 manifesto”.
“There have been engagements with civil society but no improvement in promised reform of repressive laws,” said Dr Kua.
Dr Kua added: “The anti-kleptocracy campaign appears to have been selective as crony capitalism is again the name of the game especially with regard to the mega projects up for grabs and Mahathir’s penchant for privatisation holding sway.”
While election watchdog Bersih dubbed the new government’s reforms in electoral departments as “commendable”, given that the government had only just entered its first year, chairman Thomas Fann said that “there are weaknesses where there are many promises not fulfilled”.
Among such promises, he said, is the absence of approval by a parliamentary committee on key positions such as member appointments for the EC, Malaysian Anti-Corruption Commission (MACC), Human Rights Commission of Malaysia (Suhakam) and the Judicial Appointments Commission (JAC), The Star Online reported.
Associate director and lead analyst for Malaysia at risk consultancy Control Risks Cheng told CNBC that the PH takeover has “generally been good” for the country, highlighting that the coalition has made the effort to improve the independence of several public institutions, including the Malaysian Anti-Corruption Commission.
“These are important institutional reforms that have been undertaken by Pakatan,” said Mr Cheng.
He highlighted that under the new government, there is an “improvement from the Najib era when power was centralized”, under which “many of these agencies — meant to be independent and act as a check on executive power — were not allowed to function the way they were supposed to because they were subject to political influence”.
Malaysian research firm Institute for Democracy and Economic Affairs told CNBC that the PH government has done “reasonably well” in delivering its election manifesto promises, having shown effort in tackling corruption and ensuring transparency in handling the country’s finances.
The Star Online reported the prime minister as saying in an interview marking PH’s first anniversary in Putrajaya on Thu (9 May): “We don’t go around shouting about our achievements. Nobody expected us to win. They said this coalition is fragile and that it will break up.
“But we have stayed together and worked together and we are very united and we have one single objective – to bring back the Malaysia that we knew.
“That, to me, is an achievement,” he highlighted.
Dr Mahathir added that PH’s manifesto “is for five years, it’s not for one year”.
“There are some promises which must be delayed because of legal problems — for instance certain changes we need to make require some changes in the Constitution.
“For that we need a two-thirds majority, not just the government, we need the support of the opposition,” Bloomberg quoted him as saying.
Despite the alarming findings from the Merdeka Centre poll above, CNBC observed that its latest survey indicated that 67 per cent of voters are willing to give the government more time to fulfill its promises.
Damansara Member of Parliament and Political Secretary to the Minister of Finance of Malaysia Tony Pua echoed the sentiment, suggesting that it is unrealistic to expect a year-old government to undo decades of damage inflicted by previous regimes under BN.
“Reforms will take time, reforms will take a couple of years … But we believe that the economy will turn around, we believe that once we get out fundamentals right again, once we get rid of the corrupt practices of the past … Over time the economy will only get better,” Mr Pua said.
Community
Palestinian woman involved in disturbance at Wisma Transit Malaysia apologises
A video on social media shows Palestinians confronting security personnel at Wisma Transit, Kuala Lumpur, with some behaving aggressively by throwing slippers and damaging property. A woman later apologised in a TikTok video, attributing her actions to emotional distress from being unable to contact her children in Gaza.
MALAYSIA: A Palestinian woman involved in a disturbance at Wisma Transit, Kuala Lumpur, has issued an apology and expressed deep regret for her actions.
According to NST, the woman, identified as Aminah Muhammad Nafi’ Jamal Abd Rabah, was one of 127 Palestinians brought to Malaysia for medical treatment after sustaining injuries in the ongoing conflict with Israel.
A video that has been circulating on social media since 2 October shows a group of Palestinians involved in a confrontation with security personnel.
Some of them were seen behaving aggressively, including throwing slippers at an enforcement officer and damaging property.
According to reports, the incident was driven by frustration after the group was denied permission to stay outside the designated Wisma Transit Kuala Lumpur (WTKL) premises.
The Woman Apologizes for Disturbance, Attributes Actions to Emotional Distress from Family Separation
Speaking in a TikTok video, Aminah explained that her actions stemmed from personal distress, specifically due to her inability to contact her children, who remain in Gaza.
She emphasised that her behaviour was not intentional, and that it was a product of the difficult situation she and her fellow Palestinians were experiencing.
“I apologise and deeply regret what I did. I swear to God, I did not do it intentionally. We are going through a very difficult situation that only Allah knows,” she said in the clip.
Aminah further expressed her gratitude towards Malaysians for their generosity and respect.
She acknowledged that the treatment she and others had received from the country had been exemplary.
“I swear in the name of Allah, we are receiving the best care. What I say comes sincerely from my heart. You have treated us Palestinians with kindness, respect, and appreciation. ”
“You have fulfilled your duties responsibly, but we were the ones who wronged you,” she added.
@tahreergh Dengan segala hormat kepada ATM dan semua pihak yang terlibat dalam kes perempuan Palestin yang menjadi viral 2 hari yang lepas di Wisma Putra Malaysia.. saya nak kongsi video perempuan yang sama tapi kali ni content video dia lain sangat dari video yg viral tu .. Rasulullah SAW bersabda: كُلُّ ابْنِ آدَمَ خَطَّاءٌ وَخَيْرُ الْخَطَّائِينَ التَّوَّابُونَ. Maksud hadis ini adalah: Setiap anak Adam (yakni manusia) pasti melakukan kesalahan, sedangkan sebaik-baik orang yang melakukan kesalahan adalah orang yang bertaubat. Hadis riwayat Al-Tirmizi. Ujian besar buat manusia adalah keupayaan untuk memaafkan orang yang membuat salah kepada beliau .. semoga Allah memberi keupayaan ini kepada kami semua.. Walau menjadi apa2 pon, kami rakyat Palestin tetap sayang Malaysia dan rakyat Malaysia.. ikhlas dari hati tahu 🥹🇲🇾🇵🇸 TahreerGh Gh
The disturbance at Wisma Transit has drawn significant attention, leading to a formal apology from the Palestinian Ambassador to Malaysia, Walid Abu Ali.
In a statement, he reassured Malaysians that the incident did not reflect Palestinian values.
“I apologise on behalf of all Palestinians in Malaysia and back home for what occurred. This is not our culture, ethics, or beliefs,” he stated.
Walid emphasised the deep gratitude Palestinians feel towards Malaysia for its continuous support of their cause.
Since August 2023, Malaysia has taken in 127 Palestinians, including 41 individuals injured in Israeli attacks on Gaza.
Many of the patients were transferred to Tuanku Mizan Military Hospital for treatment, while their relatives were accommodated at various hotels.
“For their own security and safety, the patients were kept in the healthcare facility with restricted movements and limited visitors,” he said.
Many have been in Malaysia since their arrival and have had limited opportunities to leave the hospital.
Walid noted that the patients, having come from war-torn Gaza, were under significant emotional stress, which may have contributed to their behaviour.
He also highlighted that some individuals were struggling to adjust to a completely new culture and environment, exacerbating their emotional challenges.
The Palestinian Embassy in Malaysia, according to Walid, has been closely coordinating with Malaysian authorities to support the patients and their families.
Embassy staff regularly visit the patients and assist with their needs to the best of their ability.
Walid also reassured the Malaysian public that the embassy is working to prevent a recurrence of such incidents.
“My message to Malaysians is that such an incident will not happen again. We love Malaysia and its people. However, please consider that these individuals have come under immense pressure due to the ongoing war. They need special care,” Walid stated.
Civil Society
29 organisations demand criminal prosecution of law-breaking police in Malaysia
A coalition of 29 organisations is demanding that Malaysia end the perception of shielding law enforcement officers from prosecution when involved in serious violations like torture and killings. Highlighting cases such as the disappearances of Raymond Koh and Amri Che Mat, they call for accountability through criminal charges.
A coalition of 29 organisations is calling for an end to what they describe as a “policy” or perception in Malaysia that shields police and law enforcement officers from criminal prosecution, even when they are involved in serious violations such as death, torture, or human rights abuses.
These groups argue that law enforcement officers who break the law should be subject to the same criminal prosecution and sentencing as ordinary citizens.
The coalition points to several high-profile cases where police officers allegedly committed serious crimes, yet no action was taken to prosecute those responsible.
They argue that merely subjecting officers to internal disciplinary actions does not fulfil the public’s demand for justice. Instead, such officers must be charged and tried in open courts, allowing for transparency in the administration of justice.
Enforced Disappearance of Raymond Koh and Amri Che Mat
One prominent case cited is the enforced disappearance of Pastor Raymond Koh and Amri Che Mat. In 2019, the Malaysian Human Rights Commission (SUHAKAM) concluded, following a public inquiry, that both men were likely victims of enforced disappearance carried out by police officers from the Special Branch.
The government formed a Special Task Force to investigate SUHAKAM’s findings, but when the report was completed, it was classified as an “Official Secret” and was not disclosed to the public.
Recently, during a civil trial initiated by the families of the victims, parts of the report were revealed.
These findings supported SUHAKAM’s conclusions, asserting that the officers involved were rogue individuals acting independently. However, despite this revelation, no criminal charges have been filed against the responsible officers.
The delay in prosecuting these officers, even after clear findings, further bolsters the perception that Malaysia protects its law enforcement officers from the full extent of the law.
Assault on Ong Ing Keong
In another case, Ong Ing Keong, a deaf and mute e-hailing driver, was allegedly assaulted on 28 May 2024 by a police officer escorting a VIP.
Despite video evidence supporting Ong’s claims, no charges have been brought against the officer involved. This case has raised further questions about the government’s willingness to hold law enforcement accountable.
Failures in Investigating Police-Related Deaths
The coalition also highlights multiple cases involving deaths caused by police officers, where no significant legal action has been taken.
A coroner’s court ruling on 31 May 2023 determined that the fatal shooting of three men by police officers was not justified as an act of self-defence. Despite this finding, the officers involved have not been charged.
Similarly, in a separate incident, the High Court ruled on 1 February 2024 that the death of a man in Sitiawan, Perak, at the hands of police was homicide, yet no charges have been filed.
The coalition argues that these incidents contribute to a widespread loss of public confidence in Malaysia’s criminal justice system, particularly when it comes to cases involving law enforcement officers.
They stress that the government must act decisively to ensure that justice is seen to be done, by investigating, charging, and prosecuting officers found responsible for these crimes.
Concerns About Torture and Deaths in Custody
There are growing concerns over allegations of torture and deaths in police custody, with many cases seemingly underreported due to victims’ fear or lack of faith in the system.
The groups worry that if the public continues to perceive that justice is inaccessible, it may lead to increased incidents of violence or retaliation against police officers.
The Need for Clearer Laws and Specific Offences
The coalition believes that existing Malaysian laws, such as the Federal Constitution and the Criminal Procedure Code, clearly outline the legal obligations of police officers.
However, they argue that there is a need for additional specific laws to address violations committed by law enforcement officers, particularly in cases involving torture, illegal searches, or denial of legal rights.
They propose enacting special criminal offences targeting police misconduct to ensure greater accountability.
They further highlight the challenge posed by the fact that police misconduct often occurs in the presence of fellow officers, who may be reluctant to report their colleagues. This creates a culture of impunity within the force, making it difficult for victims to seek justice.
Recommendations for Reform
The coalition’s demands include the immediate investigation, charging, and trial of the officers responsible for the enforced disappearance of Raymond Koh and Amri Che Mat, as well as the disclosure of their whereabouts.
They also call for the prosecution of officers involved in the disappearance of Joshua Hilmy and Ruth Sitepu, based on findings from SUHAKAM’s public inquiry.
Moreover, the group advocates for the prosecution of the officers involved in the assault of Ong Ing Keong and those found guilty of homicide in recent court decisions.
They also call for the implementation of new laws to address police misconduct and for the government to take active steps to discard the perception that law enforcement officers are immune from prosecution.
The coalition urges the Malaysian government to demonstrate its commitment to justice by ensuring that all law enforcement officers who break the law are charged and tried in open courts.
This transparency, they argue, is critical to restoring public faith in the country’s criminal justice system.
The list of the 29 organisations in the coalition
- ALIRAN
- MADPET (Malaysians Against Death Penalty and Torture)
- Teoh Beng Hock Association for Democratic Advancement
- Association of Home and Maquila Workers (ATRAHDOM), Guatemala
- Banglar Manabadhikar Suraksha Mancha (MASUM), India
- Center for Orang Asli Concerns (COAC)
- Greenpeace Malaysia
- Global Women’s Strike, UK
- Haiti Action Committee
- KLSCAH Civil Rights Committee (KLSCAH CRC)
- Legal Action for Women, UK
- Migrant Care, Indonesia
- National Garment Workers Federation, Bangladesh
- North South Initiative, Malaysia
- National Union of Transport Equipment & Allied Industries Workers (NUTEAIW), West Malaysia
- Parti Sosialis Malaysia (PSM)
- PAYDAY Men’s Network (UK/US)
- Persatuan Amal Progresif Malaysia
- Persatuan Sahabat Wanita Selangor (PSWS)
- Programme Against Custodial Torture & Impunity (PACTI), India
- Sabah Timber Industry Employees Union (STIEU)
- Sarawak Dayak Iban Association (SADIA)
- Saya Anak Bangsa Malaysia (SABM)
- Singapore Anti Death Penalty Campaign (SADPC)
- The Workers’ Assistance Center, Inc. (WAC), Philippines
- Union of Domestic, Maquila, Nexas and Related Workers (SITRADOM), Guatemala
- WH4C (Workers Hub for Change)
- Black Women for Wages for Housework, US
- Women of Color/Global Women’s Strike, US/UK
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