The Coalition for Clean and Fair Elections (Bersih 2.0) condemns the shameful passing by Parliament of the Prevention of Terrorism Act (Pota).
Pota adds another piece of legislation that allows for draconian detention without trial. Detention without trial was the reason for repeal of the Internal Security Act in September 2011. Yet a new law that includes detention without trial has been passed by Parliament.
The way Pota was passed is another in a series of national tragedies. The draconian Pota was passed, without a single amendment, at 2.25am.
Many MPs were absent during the vote on Pota. Though 222 Members were elected to Parliament, only 139 MPs were present to cast the final votes. For the final vote, the turnout rate was 63 percent. (In an earlier vote the turnout included four additional MPs; for health reasons some of them couldn’t endure the extended sitting and left before the final vote).
Pota was passed with a majority of 19 votes (BN: 79 votes, opposition: 60). BN MPs who were absent are presumed to support Pota. The only opposition party whose votes during the sitting demonstrated overwhelming opposition to Pota is the DAP.
The DAP whip has stated publicly that 32 of its 34 MPs attended the sitting and voted. That’s a turnout rate of 94 percent. He has also announced publicly the reason why some MPs were missing during the final vote. His response is commendable.
The BN, PAS and PKR whips appear unaware of the turnout rate of their Members. (PSM’s sole MP, Dr Michael Jeyakumar Devaraj, was present.) Worse, the whips appear unconcerned about the absence of their MPs.
We urge the BN, PAS and PKR whips to publicly announce which of their MPs were missing during the passing by Parliament of Pota, and provide the reasons why they were missing. We uge them to publicly announce what disciplinary actions will be taken against those who were absent without valid reasons. We stress our expectation that MPs will attend all sittings of Parliament to the fullest extent possible - and avoid scheduling other events during sittings.
The introduction of Pota was another travesty of the parliamentary process. Home Minister Zahid Hamidi and deputy speaker Ronald Kiandee are responsible for this.
Zahid failed to use well-established parliamentary consultative processes such as the appointment of a parliamentary select committee to vet the bill prior to introducing it in Parliament - as was done in 2004 prior to amendments to the Penal Code and the Criminal Procedure Code. Zahid’s failure wasted Parliamentary time.
Ronald Kiandee made matters worse by allowing the debate to extend into the next day, further exhausting the MPs who were present. He stopped the clock until ‘Parliament’ rubber-stamped a decision of the government.
No gov’t has right to bulldoze legislation
Absence of prior consultation, insufficient time for debate and stopping the clock are clear demonstrations of the replacement of parliamentary democracy by tyranny of the government. No government has the right to bulldoze legislation, more so a government which failed to get a majority of the popular vote in the last general election. (BN got 47 percent of the votes.)
We urge Prime Minister Najib Abdul Razak to apologise to the nation for bulldozing bills through Parliament and to restore democracy by establishing Parliamentary committees to review Bills prior to debates in Parliament.
The parliamentary debate on Pota reflects well on some MPs. We appreciate the 64 MPs who demonstrated through their speeches or their concerted actions in Parliament that they had prepared well, and were committed to standing their ground both in speaking for the voters and parties who put them in office and in registering their protest by voting on the Bill.
We deplore the 79 MPs who voted for the Pota and continue to allow the Executive to treat Parliament as a rubber stamp.
We note that the Executive attempted to bulldoze four more bills in similar manner - and that three of the four were deferred in light of the volume and vigour of objections from both sides of the House. This further demonstrates the way in which the Executive mocks Parliament.
We urge all party whips to ensure that their MPs attend all days of all sittings of Parliament. We remind all political parties that voters are watching - and counting.
We urge the Dewan Negara (Senate) to reject Pota.
The steering committee of Bersih 2.0 comprises: chairperson: Maria Chin Abdullah; deputy chairperson: Sarajun Hoda Abdul Hassan; treasurer: Masjaliza Hamzah; national representatives: Assoc Prof Dr Abdul Halim Yusof, Farhana Abdul Halim, Fadiah Nadwa Fikri and New Sin Yew; vice-chairpersons: Jannie Lasimbang (Sabah), Ahmad Awang Ali (Sarawak), Abd Halim Wan Ismail (East Peninsula), Thomas Fann (South Peninsula), Simon Lee Ying Wai (Central Peninsula) and Dr Toh Kin Woon (North Peninsula).
