Malaysia's Sedition Act 1948 has been used recently against three members of the Opposition, Karpal Singh, Marina Yusuf and Zulkifli Sulong. It has not escaped the notice of many that the Mahathir administration has now chosen not to use the insidious Internal Security Act (ISA) which allows detention without trial, preferring instead, to use the Sedition Act, the Printing Presses and Publications Act and other laws to snipe at the Opposition and other dissidents.
If found guilty, they are liable to a maximum fine of RM5,000 or three years' jail, or both which will disqualify them from standing for elections for at least five years.
Like the ISA, the Sedition Act is a convenient catch-all so that the most innocuous or mind-provoking statement can be construed by the State as "undermining national security" or "provoking racial discord". This Act can be used in ways quite similar to the McCarthy witch hunt during the 1950s in the US, in which the burden of proof rests with the accuse.
When I was detained under the ISA during Operation Lalang in 1987, one of the "allegations of fact" against me was that I had "called on the audience at a forum to support mother tongue education"! That was enough for me to be considered a threat to national security.
Truly democratic countries have long recognised the devious nature of such laws to silence critics. As long as there is no brazen incitement to overthrow the government or revolt by violent means, all citizens in a democracy have the human right to question the actions and motives of the government-of-the-day.
After all, Malaysia has more than adequate libel and slander laws to deal with politicians who make reckless accusations against the government. The sedition charge brought against Karpal Singh is for words he has been alleged to have said in court during the Anwar trial. The action by the authorities can itself be interpreted as a contempt of court.
But what every thinking Malaysian should be particularly concerned about is the contempt for the mind posed by the current use of the Sedition Act. While we all know that the history of May 13 has not yet been written, Marina Yusuf has been charged for comments she made during the last election campaign about the role of the ruling party UMNO in the racial riots of 1969. This is apparently contrary to the official account of Malaysian history.
Every historian worth his or her salt will attest to the fact that the Tunku's "May 13: Before and After" and the Government White Paper on the incident fall far short of a full and wide-ranging report that is required to satisfy the enquiring mind. Government White Papers are notorious for their half-truths, evasions and distortions as those who were detained under Operation Lalang in 1987 know only too well. The White Paper to justify detaining without trial some 106 members of the Malaysian public then similarly tried to link "racial riots" with "threat to national security". The Tunku's comments on that White Paper are worth noting:
"For the Prime Minister (Dr Mahathir) to repeat (the story of ) the violence of the May 13 Affair as a warning of what would have happened if the government had not taken appropriate action immediately is like telling ghost stories to our children to prevent them from being naughty. This is not a childish matter but a matter of national importance. The tale should not be repeated because it shows us to be politically immature." (Suaram & K. Das, "The White paper on the October Affair and the Why? Papers", 1989: 5)
In 1977, Malaysian journalist Subky Latiff, writing in the academic journal Southeast Asian Affairs had this to say about May 13:
"The May 13 Incident did not occur spontaneously. It was planned quickly and purposefully. The identity of the planners of the incident cannot be stated with accuracy. But whatever it was that happened, the May 13 Incident was a form of coup d'etat directed against Tunku Abdul rahman. The Tunku's power in fact ended from then onwards. Although he continued to be Prime Minister and president of Umno, he was no more than a figurehead" (ibid, p.6)
Most Malaysians who were aware of the events of May 13, 1969 certainly do not buy the version that it was the ordinary Chinese or Malays who spontaneously started the riots in a combustion of frustrations.
The White Paper on the October Affair of 1987 gives one a closer look at the way the Malaysian Government has whitewashed historical events and shows complete contempt for the mind. The Tunku put it very bluntly in 1988:
" UMNO was facing a break-up. The Prime Minister, Dr Mahathir's hold on the party appeared critical when election rigging was alleged to have given him a very narrow victory against Tunku Razaleigh. The case alleging irregularities brought by Umno members was pending in court. If the judgement went against him he would have no choice but to step down. So he had to find a way out of his predicament. A national crisis had to be created to bring Umno together as a united force to fight a common enemy - and the imaginary enemy in this case was the Chinese community." (ibid, p.10)
This White Paper on the October 1987 affair actually demonstrates the Malaysian government's double standards in the way it interprets the Sedition Act. In it, this "official" account of the events leading to the ISA crackdown actually reveals some very disturbing racist actions by the Youth Wing of the ruling party Umno thus:
"Umno Youth organised a mammoth Malay rally at the Jalan Raja Muda Stadium, Kuala Lumpur on 17 october 1987 At the rally, banners bearing strong words were displayed. Among them were: May 13 Has Begun Soak It (the Malay dagger) With Chinese Blood" (Ministry of Home Affairs, "The Government White Paper ", Kuala Lumpur, 14 March 1988)
Those who spoke at that rally included top Umno leaders who are ministers in the present government. But while 106 innocent citizens were arrested and detained without trial, none of these who flagrantly displayed such racist and fascist sentiments were charged under the Sedition Act.
Such blatant examples of racism and communalism noted above should be dealt with by some form of race relations legislation and not by the sort of "catch-all" Sedition Act we have in Malaysia, to be used at the convenience of the government-of-the-day. A race relations court will be able to determine and define the legality or illegality of any action deemed racist or racially discriminatory.
At the same time, a Commission for Racial Equality can work toward elimination of racial discrimination; promote equality of opportunities and see to the workings of the Act. It should also be vested with powers to conduct formal investigations and to serve notices to furnish information or documents in order to enforce the law.
Such a race relations law should ensure that the implementation of government policies are scrupulously delineated and that the Malaysian public is not treated to racist and fascist garbage once and for all.
Dr. KUA KIA SOONG is director of human rights NGO Suaram and vice principal of New Era College.
