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Malaysia: Parliament Speaker must invoke standing orders to allow motion on annulling Emergency Ordinances to be debated, rights groups urge

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3 years ago

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KUALA LUMPUR, MALAYSIA — The Speaker of Parliament or his deputies should invoke the relevant standing orders to allow a motion on the annulment of Emergency Ordinances to be tabled and debated accordingly and promptly, said several civil society groups.

Their statement came after the National Palace earlier today released a statement saying that the King did not assent to the government’s purported revocation of the said ordinances.

Comptroller of the Royal Household Ahmad Fadil Shamsuddin said in a statement today that de facto law minister Takiyuddin Hassan’s announcement in Parliament on Tuesday regarding the matter is “inaccurate” and has caused confusion among Members of Parliament (MPs).

“Because the ordinances have been revoked, the issue of annulment is no longer relevant,” the minister said during the first day of the five-day special Parliament sitting on Monday, citing Article 153 of the Federal Constitution.

The six emergency ordinances referred to by Takiyuddin were introduced at the onset of the Emergency period on 12 January. The Emergency is slated to end on 1 August.

Ahmad Fadil today, however, said: “Article 150(2B), read together with Article 150(3), of the Federal Constitution clearly stipulates that the power to enact and revoke Emergency Ordinances is vested within the King’s authority.”

In a joint statement on Thursday (29 July), the Coalition for Clean and Fair Elections (BERSIH 2.0), ENGAGE, Bait Al-Amanah, Institute for Political Reform and Democracy (REFORM), Institute for Democracy and Economic Affairs (IDEAS), and Persatuan Pengundi Muda (UNDI18) said that Speaker Azhar Azizan Harun’s earlier ruling on de facto law minister Takiyuddin Hassan to explain the matter is “now invalid by circumstance”.

“Regardless of any change to the Government and any of its ministers and senior officials, the annulment of EOs must be made the first item of the agenda from now on,” the groups said.

Similar to what Semporna Member of Parliament (MP) Shafie Apdal had raised in Parliament today, the groups stressed that the annulment is crucial to ensure that the ordinances “will not remain in force” until 1 February next year.

This is because according to Article 150(7) of the Federal Constitution, any ordinances promulgated during the Emergency period may still be in effect for a period of six months from the date on which the Emergency period is lifted.

Another reason why the motion on annulling the Emergency Ordinances must be tabled, said the groups, is that the Emergency Proclamation itself and the ordinances were made when Parliament was not in session.

This is particularly given the context that the Emergency Ordinances carry disproportionately heavy penalties such as six years’ jail and a fine of RM 500,000 for a fake-news-related offence.

“The Speaker, or his deputies who preside the meeting, must not taint the august House with more partisan and unprofessional rulings. The Speaker’s conduct in these four days has marked a phenomenally low point even by the diminished standards of the House since last July,” said the groups.

Puchong MP Gobind Singh Deo on Thursday brought up in Parliament the motion he filed on Tuesday to refer Takiyuddin and Prime Minister Muhyiddin Yassin to the Rights and Privileges Committee over the revocation announcement.

The civil society groups in their statement today indicated their support for Gobind’s proposed motion.

In the Palace’s statement today, it was said that the King was saddened by the failure of the government to table and debate in Parliament a motion to void all Emergency Ordinances, contrary to what was agreed upon and approved in a virtual audience with Takiyuddin and Attorney-General Idrus Harun on 24 July.

This, in addition to the contradictory and misleading statements in Parliament regarding the matter, has not only failed to “respect the principle of the rule of law”, but has also defied the constitutionally enshrined functions and powers of the King, said Ahmad Fadil.

“His Majesty is aware of the necessity to act upon the advice of the Cabinet, as stated in Article 40(1) of the Federal Constitution.

“However, His Majesty is also of the opinion that as the head of state, he has the duty to offer advice to the government or any relevant entity in the event that it engages in any unconstitutional action,” he added.

Deputy Speaker Rashid Hasnon rocked Parliament after saying that the palace’s remarks were “just a media statement”.

Parliament was adjourned for 15 minutes following the uproar.

Opposition leaders such as Anwar Ibrahim lambasted the Deputy Speaker, urging him to not make a mockery of the King’s statement.

Puchong MP Gobind Singh Deo brought up the motion he filed on Tuesday to refer Takiyuddin and Prime Minister Muhyiddin Yassin to the Rights and Privileges Committee over the revocation announcement.

Simpang Renggam MP Dr Maszlee Malik that if Parliament fails to compel Takiyuddin and Muhyiddin to respond to the palace’s statement, it will leave a “black mark” in Malaysia’s history and will set a worrying precedent for future governments.

Earlier, Muar MP Syed Saddiq similarly warned the House of such a precedent.

“When a Prime Minister – in 10 or 20 years from now – is on the verge on losing power, he will approach the King asking for an Emergency Proclamation,” he said.

Syed Saddiq raised the issue of what would then take place if the King and the Council of Malay Rulers turn down such a request, given the provisions of Article 40(1) of the Federal Constitution.

“The function of the Malay Rulers is sidelined. Parliament is rendered non-functional,” he said.

Speaker Azhar Azizan Harun interjected at that point, stating that Syed Saddiq’s speech is “not a point of order”.

“This is going into the merit, sorry,” he said, before calling on other MPs to make their points.

After the earlier 15-minute adjournment at 12.30pm, Rashid told the House that the sitting will be adjourned until 2.30pm.

Parliament later resumed at 3.30pm as stated by Deputy Speaker Azalina Othman after Rashid’s announcement.

The sitting was then adjourned again to 5.15pm, with Rashid citing the discovery of two new COVID-19 cases on Parliament grounds after testing was conducted on MPs and Parliament staff.

Citing Standing Order 12(2), Rashid then said that the Parliamentary sitting will resume on Monday (2 August).

The session on Thursday is the fourth day in a line-up of a special Parliamentary sitting, which will end on Monday.

Previously, Parliament was last in session in December last year. Sittings were then suspended for the bulk of the Emergency period.

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AFP

Marcos says Philippines is ‘done talking’ with ICC

President Ferdinand Marcos announced that the Philippines will no longer cooperate with the International Criminal Court’s probe into the drug war, asserting that the alleged crimes should be handled domestically.

The ICC resumed its inquiry despite the country’s withdrawal in 2019. Thousands have died in the anti-narcotics campaign under both Duterte and Marcos’ administrations.

Published

1 year ago

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21 July 2023

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MANILA, PHILIPPINES — The Philippines will no longer deal with the International Criminal Court, President Ferdinand Marcos said Friday after The Hague-based tribunal rejected Manila’s appeal to stop a probe into a deadly drug war.

Thousands of people have been killed in the anti-narcotics campaign started by former president Rodrigo Duterte in 2016 and continued under Marcos.

“We’re done talking with the ICC,” Marcos told reporters during a visit to the southern island of Mindanao, according to an official transcript.

“The alleged crimes are here in the Philippines, the victims are Filipino, so why go to The Hague? It should be here,” he said.

The ICC launched a formal inquiry into Duterte’s crackdown in September 2021, only to suspend it two months later after Manila said it was re-examining several hundred cases of drug operations that led to deaths at the hands of police, hitmen and vigilantes.

ICC chief prosecutor Karim Khan later asked to reopen the inquiry in June 2022, and pre-trial judges at the court gave the green light in late January — a decision that Manila appealed shortly afterwards.

A five-judge bench on Tuesday dismissed Manila’s objection that the court had no jurisdiction because the Philippines pulled out of the ICC in 2019, some three years before the inquiry was resumed.

Marcos said Friday the government would take “no more actions” regarding the ICC ruling, but would “continue to defend the sovereignty of the Philippines and continue to question the jurisdiction of the ICC in their investigations”.

Thousands killed

More than 6,000 people were killed in police anti-drug operations during Duterte’s term, official government figures show, but ICC prosecutors estimate the death toll at between 12,000 and 30,000.

The drug war has continued under Marcos even though he has pushed for more focus on prevention and rehabilitation.

More than 350 drug-related killings have been recorded since Marcos took office last June, according to figures compiled by Dahas, a University of the Philippines-backed research project that keeps count of such killings.

Opened in 2002, the ICC is the world’s only permanent court for war crimes and crimes against humanity and aims to prosecute the worst abuses when national courts are unable or unwilling.

Manila argues it has a fully functioning judicial system, and as such, its courts and law enforcement should handle the investigation into alleged rights abuses during the drug war — not the ICC.

Only four police officers have been convicted for killing drug suspects in two separate cases since the start of the crackdown in 2016.

Rights groups allege the killings were carried out as part of a state policy, and that Duterte had publicly encouraged them with incendiary rhetoric during his public comments.

During his presidency, Duterte openly encouraged law enforcers to shoot suspects in anti-drug operations if the lawmen felt their own lives were in danger.

— AFP

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AFP

US slams Hong Kong bounties as ‘dangerous’ precedent

The US condemns Hong Kong’s bounties on democracy activists abroad, warning of dangerous precedent and human rights threats.

Published

1 year ago

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4 July 2023

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WASHINGTON, UNITED STATES — The United States on Monday condemned Hong Kong authorities for issuing bounties linked to democracy activists based abroad, saying the move sets a dangerous precedent that could threaten human rights.

Hong Kong police offered bounties of HK$1 million (about US$127,600) for information leading to the capture of eight prominent dissidents who live abroad and are wanted for national security crimes.

“The United States condemns the Hong Kong Police Force’s issuance of an international bounty” against the eight activists, State Department spokesperson Matthew Miller said in a statement.

“The extraterritorial application of the Beijing-imposed National Security Law is a dangerous precedent that threatens the human rights and fundamental freedoms of people all over the world,” he added, saying China is engaging in “transnational repression efforts.”

“We call on the Hong Kong government to immediately withdraw this bounty, respect other countries’ sovereignty, and stop the international assertion of the National Security Law imposed by Beijing.”

The national security law — which has reshaped Hong Kong society and eroded the firewall that once existed between the special autonomous region and the mainland — has the power to hold accused people across the world accountable.

All eight activists are alleged to have colluded with foreign forces to endanger national security — an offense that carries a sentence of up to life in prison.

Human Rights Watch (HRW) also weighed in from its New York headquarters to attack the bounties as “baseless” and an expansion of China’s “political intimidation campaign beyond its borders.”

“The Hong Kong government increasingly goes above and beyond to persecute peaceful dissent both within Hong Kong and abroad,” Maya Wang, HRW’s associate Asia director, said in a statement.

“Offering a cross-border bounty is a feeble attempt to intimidate activists and elected representatives outside Hong Kong who speak up for people’s rights against Beijing’s growing repression.”

— AFP

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