COMMENT Those who talk about the peoples of our day being given up to robbery and similar vices will find that they are all due to the fact that those who ruled them behaved in like manner. - Niccolo Machiavelli

"In the government's efforts to combat crime, it is important to ensure that laws enacted are progressive and not retrogressive in character," Human Rights Commission of Malaysia (Suhakam) chairperson Hasmy Agam has said.

Hasmy reminded lawmakers to be mindful of the country's position as a sitting member of the United Nations Human Rights Council.

NONEThe proposed Bill to amend the Prevention of Crime Act (PCA) 1959 is a test for Parliament. Will it respect human rights and, as a pillar of integrity, be committed to fighting crime and corruption without the use of draconian laws?

The weapons against crime and corruption are laws that respect human rights of all, a free press, a police force free of corruption, a vibrant civil society and a Parliament of integrity committed to the fight corruption.

Parliament must consist of individuals of integrity, not be filled with those seeking power for personal interests.

The widespread use of money in winning elections in Malaysia raises questions on the levels of transparency, accountability and integrity we can expect of our elected representatives and their parties. Parliament has failed to promote reforms to regulate political financing in this country.

Professor Terence Gomez ,who has researched and written widely on money politics in Malaysia, has pointed out: "Money politics has a deeply rooted relationship with political patronage, abuse of power, conflict of interest in the award of government concessions. Ownership of businesses by political parties and politicians allows them to exert direct and indirect control in the decision making processes of these entities."

When political parties and politicians are reluctant to disclose the sources of their election financing and do not declare their assets, members of the public cannot be sure that these politicians are not involved in activities that may compromise their impartiality when the time comes to vote on legislation.

The vote on the Bill to amend the PCA will be a test on the standards of human rights, levels of integrity and courage to vote by conscience, not by political party affiliation.

Criminals too win elections

Putting criminals in jail without trial does not guarantee a decline in crime rates. Criminals may even win elections from hiding or from behind bars, as shown by the election results in Bihar, India, in 2000.

According to a cover story in the March 30, 2000 issue of 'Frontline India', "A minister arrested for corruption won by a handsome margin. A BIP leader K Mishra even defended their decision to field criminals on the grounds of their winnability."

Not all elected candidates are men and women of integrity.

When the government lacks integrity, is unable to meet the needs and expectations of the people, the corrupt and criminals become winnable candidates.

It has been said that elected parliaments are the essence of democracy and democratisation is the path to fight corruption. Crime and corruption can only be eradicated in an environment that promotes pluralism, freedom of expression, tolerance and individual security.

Only a democracy can guarantee such an environment, not draconian laws passed by a government that does not have the popular vote.

It is an established fact that corruption is directly linked to human rights violations.

"Corruption is not only a punishable offence but it also undermines human rights, indirectly violating them, and systematic corruption, is a human rights' violation in itself, as it leads to systematic economic crimes," said a bench headed by Justice BS Chauhan (Supreme Court of India, Oct 17, 2012).

There is enough evidence that under dictatorships and totalitarian regimes, corruption is often linked to human rights violations. Such regimes do not provide citizens and journalists the freedom to expose the corruption in their governments, often protected by a corrupt or incompetent judiciary.

The absence of a Freedom of Information Act, the widespread use of the Official Secrets Act and a law that allows detention without trial creates an environment that is devoid of transparency and accountability of the political and bureaucratic systems.

Such a situation may lead to more incompetent and corrupt leaders and officials.

Parliament needs legislators of integrity, not rogues who bribe, buy and rig themselves into positions of power.

Draconian laws are Malaysia's tragedy

In a democracy, one of the most cherished rights is a free press that can expose without fear of harassment, intimidation and detention wrong doings of politicians, public officials and businessmen. Thomas Jefferson said, "Freedom of the press is the eternal vigilance ," and it has the endless duty to guard government against corruption.

Draconian laws like detention without trial and the Official Secrets Act deprive journalists and civil society of playing the role of eternal vigilance.

That is a tragedy in a modern democracy. Malaysian legislators must carry the guilt of denying Malaysian citizens their right to be an alert and empowered society that can effectively play an important role in curbing crime and corruption.

Our quality of citizenship has suffered, thanks to the slew of draconian laws.

When the quality of citizenship deteriorates, crime and corruption thrive. The nation declines as our bright and the best leave, not just for economic reasons but also for that space that allows creativity , freedom of expression and individual security.

On each New Year I envision a Malaysia where we can all enjoy the benefits of democracy, liberty and the right to shape our government without fear of draconian laws.

I remember the Orang Asli, the indigenous people who have been detained for protecting their land and crops against logging and plantation interests. And how can I not remember the politicians and civil society leaders who have been detained without trial for speaking up for our rights and democracy?

None of them are criminals. Malaysia's abuse of the Internal Security Act is well documented.

Our passion for liberty, truth and justice must push us to act to shun any amendment for detention without trail.

JOSIE FERNANDEZ is an anti-corruption and environmental activist. She is an Asian Public Intellectual Fellow.